The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1904-05-17
DIVORCE CASE FOR
$4,000 ALIMONY
Burleigh Trial Comes Up for
Hearing.
CONTINUED TO JUNE 4
Plaintiff Completes One Side
of Story.


trict court and the entire day and until
| 10 o'clock last evening was spent in
hearing the evidence. Owing to the fact
that the court will be absent for two
| weeks the case was continued until
June T.
At the beginning of the case yesterday
morning the defendant filed motion for
dismissal which was overruled.
The morning testimony was taken up
with the testimony of the plaintiff, who
was the first witness called. She is a
remarkably pretty girl of II, and was
dressed becomingly in brown silk shirt
waist suit with long brown silk dust
coat. Her large hat. trimmed in white
daisies, matched the suit in color.
The witness stated that she was Il
years of age and that she moved to this
city in February, 1902 with her mothe.
Mrs. Walker aand her sister. Mrs.
Skeels. that they came to this city from
St. Louis on account of Mrs. Skels
health and so that they could be near
Mr.. Skells, as this was his headquarters.
She said that she first met the de-
PENDANT in April 1902 and that she mar
ried him on July 6, 1903 in ST Louis, Nh
and they Immediately moved 0a:N TO
Wichita. Her mother also came With
them
She stated that the defendant never
bought her anything TO wear except
hat, some shoes and n skirt, and that her
mother paid her own bills and th SO of
the witness; that the mother would give
ha dafn he IA
would pay her bills. She said tlat an.
quarrefed with Ernest about his not
doing any work and that he told her he
did not have 20 work while he had money
and as long as his money lasted he did
not intend TO work.
She said that he kept a shot gun in the
bed room and a revolver under the pillow
and had threatened repeatedly that he
would shoot her - head off
She stated that when they were living
on 81. Francis avenue he once spat in
her face and that later when they lived
on South Lawrence she locked him out
of the house because he went away with
his brother when she did not want him
to.
On cross examination by Judge Wall
witness denied that any men visited her
mother at the home on South Lawrence
avenue. Also she denied that neither her
mother nor sister used profane lam
guage as allege nithe defendants cross
petition.
She admitted that when she first moved
to Wichita they told that her father was
dead, when in rality he lives in ST
Louis. She also admitted that the defen-
dant had given her a diamond ring worth
about $3.50
She stated that nothing whatever had
ever been said by any of them concerning
the defendants property or his getting his
rights of majority.
At the conclusion of the evidence of
the plaintiff in the afternoon her at
torney read a deposition of Marie Cope
land, who worked at the home on South
Lawrence avenue. She stated that the
defendant frequently used profane lam
guage to the plaintiff and on one oc-
casion put his arm around his wife's
neck and told her he would knock her
- - head off. She also testified that
on one occasion he spat in his wife's face
when they had a quarrel
Charles Smyth was then called. He
stated that he had been guardian for
Ernest Burleigh for ten or eleven years
and that the young man was of nervous
temperament and at times irritable, but
that he did not consider him at all cruel
or vicious.
This concluded the evidence of the
plaintiff and the defense called its first
witness.
Fred Stanley. one of the defendants
attorneys. was wron.
He stated that he was introduced to
Mrs. Burleigh by Ernest one time when
they both came to his office. she wanted
Ernest to sign deed to her brother-in-
law for the Nebraska land, but | ad-
vised him not to do it. l had never ad-
vised him upon any subject prior to his
marriage.
Ernest Burleigh, the defendant was
then put on the stand. He testified in
part as follows:
Il am % years old. / first met my wife
in 1902 and We were married in ST Louis.
July 6. 1905. We came to Wichita shortly
after we were married Mrs Walker
came with US. We STAYED at the Carey
hotel and then went to the New Yelling
ton hotel and boarded at the Chesapeake.
| always provided my wife with clothes
and gave her jewelry. I always had TO
give her a diamond ring before she would
sign any deeds for property | wanted to
sell. ! paid the house rent and bought
the furniture. As soon as We were mar
ried Mrs. Skells and Mrs Walker both
advised me to get my rights Of majority
so | could handle my property They
talked this way until got my rights OF
majority | wanted to break a lease n
man had on the Nebraska property and
/ was going to deed the properly temper
arily to my sister. but they persuaded me
10 make the deed 10 Mr Skeeles and Mrs.
Skeeles said she wanted a deed that would
hold. Every time 1 wanted 10 make a
deed to sell any property Mrs Walker
would say that she thought Fenton ought
TO have a portion of the property so she
would have some object in life. Also Mrs.
Walker said that / must be careful or
something would drop and that she had
me just where she wanted me and she
would fix me. She threatened to poison
us both il we did not let her live with us
and that she would make 'Fent' get d.
vorce that they had the papers already
made.
Court then adjourned until rs O'Clock
in the evening when the defendant evil
dence was continued
EVENING SESSION
''on October 18th we had rolls for sup
per and l said something about asking
why she did not get more This started
fuss and Mrs. Walker finally told me
10 leave the houseA ! did this ard went
70 see Fred Stanley. who advised me 20
so 10 the Hamilton hotel. where l stayed
all night When I went back 20 the house