The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-03-24
MRS. CODY WINS
DIVORCE SUIT
Court Holds Buffalo Bills Charges
Are Not Proved.
MANS CONDUCT CENSURED
JUDGE SCOTT SAYS WIFE WAS
CRUELTY TREATED.

-
y district court here today refused
the petition of Colonel William L.
Cody CBufalo Bid for "A divorce.
decision in the case was not eX-
pected before tomorrow at the earliest,
but the court room was filled with res
idents of Sheridan and the surrounding
country where 1T was given. After the
reading of the dispositions was finished
today the attorneys for both sides an
nOunced that they would submit the
case without argument.
After a short recess Judge r. II.
Scott asked the attorneys Tor the dc
PENDANT, Wilcox and HaIIigan of North
Platte, Neb., to amend their answer
in the case by striking out those sec
lions which dealt with charges against
Bessie Isbell, Cody's conduct in Chi
cagO and his early excuses 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.
Not Poison, But Medicine.
The law of the state does not make
inCOmpa tiOility a ground for divorce,
but it does read that extreme cruelty
rendering the condition of either party
to the marriage contract intolerable is
of divorce" said Judge Scott.
The first cause of action in this case
is the charge of poisoning on Dec. 20,
1900. or some time prior thereto. The
evidence wholly fails to support this
issue, but shows the defendant was try
ing to rescue the plaintiff from a state
of intoXication and administered, not
poison, but remedies which she deemed
beneficial to him. His inability to
speak on this occasion did not come
from these remedies. but came from
his excessive use of intoxicating
liquors at the banquet board and was
as humiliating to the defendant as to
the plaintiff.
The unhappiness caused by the &C
tons of the plaintiff is shown by the
letter Of their daughter, Aria Thorpe,
whose beautiful character shOne out
from her unhappy home and the words
of her letter written just before her
death.
"'Oh, papa. why did he do it? NY
heart is broken over it. Oh why did
he do it?'"
Judge Scott also found that the
charge of unbecomiug actions on the
part Of the defendant towards the colo
nel's guests was not proven; that there
was no evidence that she had even
threatened her husbands life and that
when attending the funeral of her
daughter Arta at Rochester, N Y, in
February. 1904. she offered a Perma-
nent reconciliation and no answer ever
came to this.
Proud and Faithful Wife.
"She was an over-induIgent mother
and wife, who always took pride in his
success and always looked forward to
his homecoming and made great pre-
parations to receive him." said Judge
Scott She entertained his guests with
cordially. She did not use prOfane
language. The poisoning of his pet dogs
was accidental. She never spoke dis
respectfully of him to his friends or
guests. She always accompanied him
to the depot on his departure and was
there to receive him on his return. In
her home she has a large statue of
him in the hall; in her bedroom she
has his portrait done by a famous
painter on her stand and she has his
photograph and the dishes she used
were souvenir ones stamped or etched
with his portrait. Such in brief is the
character and conduct of Mrs. Cody
extending over a long period of her
married life.
I'm return for this wifely devotion
the plaintiff has been cruel to her and
heaped indignities upon her. Even if
il were true that the defendant had at
times been impatient with him and
such Impotence has been considered
as indignities il is also true that she
has had much to contend with There
are some allegations in the answer that
are not sustained by the evidence
From the evidence it does not appear
that the plaintiff was addicted to gam
bling so as to impair his business abili-
ties or trustworthiness. He did not
use intoxicating hquore in such guam
titles as to interfere with the transac-
ton Of his business"
An exception to the ruling of the
court was noted by Judge II. S. Ridg-
ley, attorney for Colonel Cody, and his
request for sixty days for fling a pc
titiOn for a re-hearing was granted.
The motion for a new trial will be
argued at the next term of court and
! in case this is denied Cody's attorneys
will take the matter to the supreme
court of Wyoming.