The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1905-03-24
"BURFALO BILL" LOSES
HIS SUIT FOR DIVORCE
POISON CHARGES AGAINST MRs.
CoDY NOT PROVED.

uOuy SuONSu EhE Aldu Always ocCn
n Good Mother and Fond and In
duIgent Wife--In Return He Heaped
Crueities and Indignities Upon Her.
Sheridan, wyo., March 2S.-"Buffalo
Bn' (Col. William f. Cody to-day lost
his suit for divorce from Louisa Cody,
Judge r. H. Scott of the district court
deciding that charges of attempts on
the part of Mrs. Cody to poison her
husband, and other allegations, had not
been proved.
Judge Scott asserted that the testi-
mony showed that Mrs. Cody had al
ways been a good mother and a fond
and indulgent wife.
Judge Scott asked the attorneys for
the defendant, Wilcox and HaIligan of
North Platte, Neb., to amend their an
swer in the case by striking out these
sections which dealt with charges re-
lating to Bessie Isbell, to Cody's con-
duct in Chicago and to his early ac-
tions at Fort Mcpherson. When this
was done, the court found entirely in
favor of the defendant, Mrs. Cody.
Judge Scott in his opinion said: "The
law of the state does not make incom-
patibility ground for divorce, but it
does read that extreme cruelty rem.
dering the condition of either party to
the marriage contract intolerable is suf-
sat 10 olf
of a decree.
/ THE first cause of action in this
case is the charge of poisoning on De-
cember IS, 1900, or some time prior
therto. The evidence wholly fails TO
support this issue, but shows the de-
fendant was trying to rescue the plain
tiff from 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 extensive use of intox-
icants at the Banquet board and was
as humiliating to the defendant as to
the plaintiff. IL
'sFhe unhappiness caused by the ae-
tions of the plaintiff is shown BY the
letter Of their daughter, Arta Thorpe,
whose beautiful character shone out
from the unhappy home in the words
Of the letter written just before her
death:
oh, papa, why did he do IT? My
heart is just broken over it. On. why
did he do it?' -
Judge Scott also found that the
charge of unbeeoming actions on the
part of the defendant toward the
colonel,s guests was not proved; that
there was no evidence that she even
threatened the coloners life, and that
when attending the funeral Of their
daughter, Arta, at Rochester, N. Y, In
February, 1904, she offered a perman-
ent reconciliation and no answer ever
came to this. $5
"She was an over-indulgent mother
and wife, who always took pride in his
success, and always looked forward to
his homecoming, and made great prep
arations to receive him." said Judge
Scott. ''She entertained his guests with
cordiality. She did not use profane
language, The poisoning Of his pet
dogs was accidental. She never spoke
disrespectfully of him TO his friends or
guests. She always accompanied him
to the depot on his departures and was
| there to receive him ON his returns.
In her home she has large statue of
him in the hall; in her bed room she
has his portrait done by famous
painter, and on her stand 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.
"In return to this wifely devotion the
plaintiff has been cruel to her and
heaped indignations upon her. Even If
it was true that the defendant had at
times been impatient with him, and
such impatience had been considered
as indignity, it is also true she has had
much to contend with.
'"rhere are some allegations in the
answer that are not sustained by the
evidence. From the evidence it does
not appear that the plaintiff was SO
indicted to gambling as to impair his
business abilities or trustworthiness.
He did not use intoxicating liquors in
such quantities as to interfere with the
transaction of his business"
An exception to the ruling Of the
court was noted by Judge III. S. Ridg-
ley, attorney for Colonel Cody, and his
request for sixty days for filing Pc
tition for a re-hearing was granted.
The motion for 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.