The Topeka state journal., 1905-10-08
DIVORCE SET ASIDE.
Mrs. Elizabeth Harvey Finds Herself
a Married Woman.


Judge Dana has set aside the decree
of divorce given to Mrs. Elizabeth
Harvey on the oath of October, 1904,
and gave the husband Judgment Of the
costs IN the case Mrs. Harvey was
arrested some time ago on a charge
of having sworn falsely SO that she
might obtain a. decree of divorce from
her husband. He came home a few
months after the decree had been
granted only to learn that he was
minus a wife. He claims that he has
been in correspondence with his wife
regularly and that she has known of
his whereabouts all of the time he has
been away and that he has con-
tributed to her support, sending her
money each month for the support of
herself and their child. The setting
aside of the divorce does not affect the
charge of perjury upon which Mrs.
Harvey was arrested, and that feature
] of the case will be heard later in the
term.
In speaking. about her arrest on
charge of perjury, where it is alleged
that false affidavit was made, upon
which a divorce was granted DR..
Eliza beth Harvey said:
1 do not care to try my case in the
newspapers nor do I want the nOto-
riety incident to so much publicity. [
filed A divorce suit against my hus-
band on the grounds of abandonment
and nonsupport and the decree was
granted. There is not a statement
made in the entire case that can not be
verified. My husband left me over
five years ago and during the time in
tervening / have not seen him but
once although he must have been
within a short distance of me many
times since then. We were married
L 3 years ago and have one child a girl
now nearly 10 years of age and it is
this child alone that has kept me
from obtaining a divorce from my
husband long ago. During the past
five years I have not seen him at ali.
During this time I have educated
myself as an osteopath physician and
have paid for my maintenance and
my tuition in the school at Kirksville
Mo, during the time and that without
a cents help from him. When he left
me five years ago he said, you will
probably never see me again but as
j long as am alive 1 will try and send
/ you something TO help keep the child
1 he would some times go for months
without sending me a cent and all
+ that he has sent me would not have
j kept the child. When [ married my
/ husband 1 had a small estate which
4 had been left to me by my father
i This in part consisted of a farm. All
this he squandered. We lived on this
Iarm put on account OF his habits we
were not able to make a living and as
4 my health was gone 1 knew that
I must find lighter employment and
4 that is why 1 Went to the school.
/ My husband was harsh and cruel to
me at all times and if there had been
/ no child should have asked for a di-
vorce long before did. I do not think
that 1 should have asked for a divorce
/ last fail if 1 had not been advised to
/ do so by my best friends. I have man
aged to accumulate 4 small amount of
property since I have been practicing
and feel that as have made this
money that at the time of my death
that it should go to my daughter and
l know that if it should ever fall into
t MS hands that it would be squandered
just as my property was. When we
/ separated at Kirksville I told him that
/ if he would settle down anywhere that
for the sake OF our child that I would
come and live with him. During the
five years that we have been separated
he has written to me from five different
states and d great many different To-
/ one place more than a few months at a
/ time. When winter comes on he usually
| hires out to some GARNER and works
there until spring and does not get
more than $50 per month for his ser
+ vices so that yOu can see that the
money that he has sent to me has not
made me wealthy. He is about 40 years
OF age and has no ambition to earn
more than a livelihood and is contented
to work around for farmers where ever
he can get employment. My life has
been ruined by Mis- man and I have
never known home since I married
him. When we were living together I
worked all the time at anything that
could get to do and at that there were
many times that did not have enough
in the house to feed myself and my
child"