The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1905-03-30
CODY LOSES SUIT.
Wyoming Court Declines to Grant Di.
vorcs Sought by "6uhaIo Bill"
Judge Makes caustle Comment.

The district court at Sheridan, Wyo-
ming. Thursday, refused the petition
Of Colonel William F. Cody buffalo
Billy for divorce.
A decision was not expected before
Friday ct the earliest, but the court
room was filed with residents Of Sher-
dan and the surrounding county when
it was given. After the reading Of
the depositions was finished, the law
yers for both sides announced that
they would submit the case without
argument.
Judge Scott asked the attorneys fo-
! the defendants to amend their an
swer in the case by striking out those
sections which dealt with charges
against Bessie 1sbell, Cody's conduct
in Chicago, and his early jexcesses' at
Fort Mcpherson. When this was done
the court found entirely in favor OF
the defendant, Mrs. Louisa Cody.
Judge Scott delivered an opinion OF
considerable length, reviewing the al
legations and evidence, and giving his
conclusions.
"The law Of the state does not make
incompatibility a ground for divorce,
l! but It does read that extreme cruelty
rendering the condition Of either par
ty to the marriage contract intolerable
ii sufacient grounds to allow the
granting Of q divorce" said Judge
Scott.
"The first cause of action in this
case Is the charge Of poisoning on De-
cember rs, 1900, or some time prior
thereto. The evidence wholly fails to
support this ISSUE but shows the de,
fendant was trying to rescue the plain
tiff from a state Of intoxication, and
administered not poison, but remedies
which she deemed beneficial. His in
ability to speak on this occasion did
not como from these remedies. but
came from Ms excessive use OF lnto1
fcating liquors at the banquet board
and was as humiliating to defendant
az to the plaintiff.
"The unhapDiness caused by the. &C
tons of the plaintiff is shown by the
letter Of their daughter, Arta Thorpe
whose beautiful character shone out
from her unhappy home, and the
words OF her letter, written just be
fore her death: oh, papa. why did he
do it? My heart is just broken owe.
it. Oh, Why did he do it,"
Judge Scott also found that the
charge Of unbecoming actions on the
part Of the defendant toward the colo
| uel's guest was not proven that there
was no evidence that she had even
threatened her husbands life, and thai
when attending the funeral OF he'
daughter Ara at Rochester, N. T., IL
February, 1904, she offered perma
nent reconciliation and no answer
ever came to this.
.she was an over-indulgent mothel
and wife who always took pride IN
h,a success and always looked Tor
ward to his homecoming and made
grest preparations to receive him.
said Judge Scott. -.
I'm return for this wifely devotion
the plaintiff has been cruel to mel
and heaped indlgnities upon her. Ever
II it were true that the defendant hao
at times been impatient with him an
such impatience has been considered
az indignities, it Is also true tha'
she had much to contend with.
"There are some allegations in the
answer that are not sustained by the
evidence. From he evidence it doe:
| not appear that the plaintif was sc
addicted to gambling as to impair n'S
business abilities or trustworthiness
Ha did not use intoxicating liquors IL
such quantities as to interfere with
h1rS5n0CG