The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-03-21
Judge Hazen Divides the Prop
erty About Equally.
Much Real Estate Is Involved
in the Case.
ARDENT LOVE LETTERS
They Play an Important Part
in Trial.
Suit Has Been Bitterly Con
tested from Start.

Judge Hazen this morning decided
the divorce case of Mary L Smith
against Winfield Scott Smith The de-
cree Of divorce was granted and the
property was divided nearly equal, Mrs.
Smith being allowed about s. 600 worth
more than Mr. Smith The proDerty
involved in the case is in Kansas and
Oklahoma and is estimated to be worth
about $4,000.
The Smith divorce case holds the rec
ord as being the most voluminous and
most hotly contested of any divorce
case that has been tried in the district
court. Both sides contested the case to
the last step Before the contest was
begun in the courts the attorneys at
tempted to divide the property. Neither
the plaintiff nor the defendant could
agree on any division. An equal divi-
sion could not be accomplished. When
1t came to chickens pet calves and
family carriages they could not agree.
AS result the case went to the district
court and as a preliminary slkirmish
Mrs. Smith accused Mr.. Smith of a
statutory crime against her daughter.
He was acquitted in the city court The
charge was put in the divorce case
Mrs Smith had been married twice
before. Her maiden name was Mary L
Stone. She lived in Topeka Her first
husbands name was Jewell She was
Wv " LGA 1L01l HILL E1EL SECOnQ nus
bands name was Bliss. He died and
left life insurance which was the basis
of the property owned by her when she
married Mr.. Smith. Mrs. Smith has
four children by her second marriage
Mr. Smith has six children by a first
wife
Mrs. Bliss and Mr. Smith were mar
RED at Winfield, Kan. in 1894. For a
time they must have been quite happy
for in the evidence at the hearing it
6aEalnnad that Mrs Smith wanted
to give a gold medal to the man who
introduced her to Mr.. Smith This was
not all that appeared in evidence. Judge
Hazen was busy for three days hearing
the testimony in the case and he had
10 listen to the reading of a peck of
love letters written to Mr.. Smith, after
his marriage with the plaintiff in the
case. from Stella. Weymouth The love
letters and other documents were in
court this morning in a gunny sack
and the sack was SO heavy that it was
all Bailin Coyne could do to carry it.
The testimony in the case was to the
effect that both parties to the case
were about 43 years of age when they
were married. Both owned property
Mrs. Smith owned her residence in
Winfield and held notes and mortgages
and two insurance policies left by Mr.
Bliss. They were worth some 5000
She owned lands and lots in. Topeka
and in Texas
Mr.. Smith owned two business blocks
in Guthrie, Oklahoma, known as the
Big and the Little Victor blocks. He
owned lots in Guthrie and in Perry, a
residence in Guthrie and conducted a
legal business with fees due him
. amounting to S2,ST5-
Mr. and Mrs. Smith together owned
26 acres in Shawnee county known as
the homestead, IS acres on Deer Creek,
nearly 1000 in mortgages and lots in
Topeka and Guthrie.
Before their marriage they entered
into an ante-nuptiaI contract but as
Judge Hazen said Mrs. Smith had so
much confidence in Mr.. Smith, for a
time after they were married, that the
contract was about forgotten
Mrs. Smith became intensely jealous Of
Mr.. Smith and not without reason. said
Judge Hazen. Judge Hazen announced
that Mr. Smiths statement that he was
trying to get Stella Weymouth to stop
writing him love letters would hardly
stand as human nature was agaiust such
statement, and that Stella's letters were
Judge Hazen reviewed the fact that
Mrs. Smith twice began divorce suits
Guthrie Mrs Smith dismissed the di-
vorce cases when Mr.. Smith promised to
Judge Hazen gave Mrs. Smith the
Shawnee county homestead lots on Tope-
ka avenue and the little Victor block in
Guthrie. the big Victor having been taken
Judge Hazen gave Mr.. Smith the So
acres on Deer creek. lots on Topeka ave
nut and lots in Guthrie.
John J. Schenck. who had been appoint
ed receiver for the property while the case
was in litigation was directed to turn
over the property according to the de-
cisiol-
Mrs. Smith was given her maiden name
of stone Each party TO the case Will pay
their snare of the costs. The case may be
appealed to the supreme court.
Judge Hazen was asked what dispost-
tlon he would make of the love letters
steuographer. had charge of them and
that he might issue them in book FORM