The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-08-21
MRS. TACGART WEEPS.
Defendant in Divorce Suit Is Much
Affected by the Courts Words.

Wooster, O., Aug. 21.-For the first
time in the trial, Mrs. Taggart has
shed tears in the court room. The
incident occurred while Judge Eason
was summing up the case of the
plaintiff preparatory to rendering his
decision on the motion made by Mr..
Smyser, that the Ryther-Spencer-
Fortescue and Miner charges be dis
missed. Judge Eason dismissed the
charges against Spencer and Ryther,
but his decision obliges Mrs. Taggart
to make her defense in relation to the
incident connecting her with intimacy
with General Miner, Lieut.. Fortescue.
Captain Bash and Billy Taggart.
Judge Eason gave the evidence of
the plaintiff rapid review. He said
Mrs. Taggart's conduct with Ryther
and Spencer was shown to be very in
discreet, but that a lack of proof
showing any specific act of indiscre-
ton made it evident that she should
be relieved from charges.
In referring to the trial, Judge
Eason said: I'm the past three weeks
I have witnessed some of the most
touching experiences that have come
under my judicial notice. In the six
days that the plaintiff has been on the
witness stand, 1 have seen the tears
roll freely down his cheeks at the
mere mention of his children. At
these times I have seen this defendant
turn her face from the witness stand
though there never was greater cause
for happiness and harmony than has
existed in the lives of these two up to
a certain time. 1t is in evidence that
many beautiful and costly presents
have passed between them at various
times and that at one time a reciprocal
love had its being in the hearts of
these two. This is evident to a greater
extent than is ordinarily brought out
at a divorce trial"
Mrs. Taggart Weeps.
1t was at this moment that Mrs.
| Taggart, without attempting to hide her
emotion, bowed her head upon her
arms and wept.
Captain Taggart sat facing his wife.
His face contracted into lines of real
suffering at his wife's grief stricken at
titude. He got out of his chair and
walked to the extremity of the bar,
where he stool with his hands locked
| behind him for several minutes.
Judge Eason was unmerciful in
summing up narrowing remembrances
| before the two litigants. He con-
! tinued: 1T is evident to my mind that
| there came time in the lives of these
| two when something that was terrible
in its effects upon both came between
! them. In one of the letters which was
written by Captain Taggart to his wife
from the Fort Leavenworth hospital, /
noticed this sentence referring to
| General Miner: I dread the thought
of that mans coming between u.s. 1t
is a sentence that is bold and clear in
it's expression of husbandiy concern
and I believe that this plaintiff either
| had lust cause for fearing Colonel
Miner in the regard in which he
speaks, or else his letter was inspired
by ideas that were greatly exaggerated
f'It must be understood at this time
| that I am speaking entirely from the
standpoint of proof as furnished by the
plaintiff. 1t is the province OF the de-
PENDANT to entirely contradict the evil
! dences shown and entirely vindicate
! herself in the eyes of this court. This
she can do by bringing the proof OF
her entire innocence. I dismiss the
Spencer and Ryther charges because
the proof which would substantiate
them is wanting. AS to the others di-
rect contradictory proof must be fur
nished before they can be dismissed
The charge of drunkenness against the
defendant has not been fully sustained
in the light of evidence already sub
mitted. 1t seems that a fringe of dis
sipation and even debauchery hangs
over the army garrison. How much
this kind of environment has had to dc
with the breaking up of this home the
| defense will be entitled to show"
They Stand by Mrs. Taggart.
Dispositions occupied the remainder Of
the session. Captain Bash denied al
and every allegation against him By
Major Taggart and Augustine De La
| Cruz, as to his being found with Mrs
iIaSgarI III a D6OEOO1H III MANILA, aHC
gave the major and wife a good repu
tation. Captain Bush testified like {
truly military parsonage, straight ant
| direct. His testimony may have eonsid
cradle weight. Lieutenant Fortescue':
deposition did practically the sam,
same thing. Some admissions were
however, made by him. He said Capt
Poore sent him away from Taggart'.
home, and that he did not dance witt
Mrs Taggart all the time at the cotil
lon or post hops. He held the candle
while Mrs. Taggart went into the eel
lar after ice. The lieutenant did e,
down the cellar steps a short way, bu
just to give her light. He and Mrs
/ Taggart had lighted candle in the Gel
lar. and that he did not drink more thar
Ave highballs that night. Mrs. Taggar
drank very little, he said, and she wa
not intoxicated when he left the house
In DISCRIMINATION he said he hae
been on the water wagon because h,
had been attending the stan college. HI