The Birmingham age-herald., 1905-03-24
Court Declares His Wife to be
 OVGrinduIgent
BUFFALO BILL IS 1T FAULT
Law of Wyoming Does Not Make in- compatibility a Ground for Divorce and Plaintiffs Charges
 Are unsustsIned.

Sheridan, Wyo, March 23.-The district court here today refused the petition of Col. William F. Cody Buffalo BID for divorce.
 A decision was not expected before to- morrow at the earliest, but the court room was filled with residents of Sheri- dan and the surrounding country when 1t was given. After the reading of the dispositions was finished today the law yers for both sides announced that they would submit the case without argument.
 After a short recess Judge R. H. Scott asked the attorneys for the defendant Wilcox & Halligan, of North Platte, Neb, to amend their answer in the case by striking out those sections which dealt with charges against Bessie. Isbell, Cody's conduct in Chicago and his early excesses 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 allega- tions and evidence and giving his conclu- sions.
 IncompatlbIllty Not Ground.
 "The law of the state does not make incompatibility a ground for divorce, but 1t does read that extreme cruelty render Ing the condition of either party to the marriage contract intolerable, is suffi- cient grounds to allow the granting of divorce" said Judge Scott.
 'The first cause of action in this case is the charge of poisoning on December 26, 1900, or some time prior thereto. The evidence wholly fails to support this is- sue, but shows the defendant was trying to rescue the plaintiff from state of intoxlcation and administered not poison, but remedies which she deemed beneh- cial. His inability to speak on this oc- casion did not come from these remedies, but came from his excessive, use of in- toxicanting liquors at the banquet board and was as humiliating to the defendant as to the plaintiff.
 ''The unhappiness caused by the actions of the plaintiff is shown by the letter of their daughter, Arta Thorpe, whose beau tiful character shone out from her un- happy home and the words of her let ter written just before her death were, "Oh Papa, why did he do 1t? My heart is just broken over 1t. Oh, why did he do it?"
 Judge Scott also found that the charge Of unbecoming actions on the part of the defendant towards tie coloneps guests were not proven, that there was no evidence that she hal then threatened her husbands life and that when att tending the funeral of hS' daughter, Arta at Rochester. N. T., in February, 1904 she offered a permanent reconciliation and no answer ever came to this
 Was an over-Indulgent Wife.
 ''She was an over-indulgent mother and wife who always took pride in his suc- cess and always looked forward to his homecoming and made great prepara- tions to receive hinl,~ said Judge Scott. "She entertained his guests with cor diality She did not use profane language. The poisoning of his pet dogs was acci- dental She never spoke disrespectfully of him to her friends or guests. She al- ways accompanied him to the depots on his. departures and was there to re- ceive him on his return. In her home she has a large statue of him in her bedroom.
 "She has his portrait by famous painter and she has the dishes which she ISeC as SOuYeulI ones Sldiipeu UT etCHcO with his portrait. Such in brief is the character and conduct of Mrs Cody ex- tending over a long period of her mar ried life.
 Tn return for this wife1y devotion the plaintiff has heaped indignities upon her Even if it were true that the defendant had at times been impatient with him and such impatience has been considered ss indignities, 1t 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 this evidence it does not appear that the plain til was so addicted to gambling as to impair his business abilities or trust wofthiness. He did not use intoxicating liquors in such, qualities as to interfere with the transaction of his business.
 Exception Taken to Ruling.
 An exception to the ruling of the court was noted by Judge H. s. Ridgely. at- torney for Colonel Cody and his request for sixty days for filing a petition 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
 Porte Angry at Germany.