Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-03-24
CODYD|YOR(jE REFUSED
Court Finally Finds Entirely
In Favor of Defendant, Mrs.
Louisa Cody
WILL MOTION FOR NEW TRIAL
If Refused, cody's Attorneys Will
Carry Case to Supreme Court Of
Wyoming - Judge Scott Delivers
Lengthy Opinion, Generating De-
PENDANT from the Cruel Charges.

l wyoming SoNSS SSSSs DS''SS'
| Lengthy Opinion, Generating De.
PENDANT from the Cruel Charges.
Sheridan, Wyo., March 24.-The dis
trict court has refused to grant the pc
tition of William + Cody for di-
vorce.
A decision in the case was not ex-
pected before today at the earliest bul
the court room was filled with residents
of Sheridan and the surrounding coun-
try when it was given. After the read
ing of the dispositions was finished the
lawyers for both sides announced that
they would submit the case without
argument.
After AZ short recess Judge r. H.
Scott asked the attorneys for the de-
PENDANT Wilcox. and Halligan of North
Platt, Neb., to amend theeir answer IN
the case by striking out those sections
which dealt with charges agaansl
Bessie Isabel Cody's conduct IN
Chicago and his early excuses at
Fort Mcpherson When this ws done
the court found entirely in favor OF the
defendant, Mrs. Louisa Cody
Judge Scott delivered an opinion OF
considerable length, reviewing the alle-
cations and evidence and giving ms
conclusions:
"The law of the state does not make
incompatibility a ground for divorce,
but 1T does read that extreme cruelty,
rendering the condition. of either party
to the ma rriage contract intoerable, is
sufficient grounds to allow the sraifeli's
of a divorce" said Judge Scott.
1.-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 issue. but shows the defendant was
irving to rescue. the plaintiff from
state of intoxication and administered
NOT poisou. but remedies which she
deemed beneficial to him. His inabili-
ty to speak on this occasion did not
come from these remedies, but came
from this excessive use of Intoxicating
lie,,ors at the banquet board, and was
as humiliating to the defendant as 10
the plaintiff.
"T.l,e 1,nhappiness caused by the ac-
+iongsof the plaintiff is shown by the
letter of their daughter, Arta Thorp
whose beautiful character shows out
from her unhappy home and the words
of her letter written just before ner
death: "'Oh, papa, why did he DO ~!
NV heart is just broken over 1t. on.
why did he do 1t 2
Judge Scott also found that the
charge Of unbecoming actions on the
part of the defendant toward the col
onel.s guests were not proved; that
there was no evidence that She had
even threatened her husbands life, and
that while attending the funeral OF
her daughter, Arta, at Rochester, N. T.,
in February, 1904, she offered per-
manent reconciliation, and no answer
ever came to this.
She Was over-lndulgent.
.sshe was an over-indulgent mother
and wife, who always tok pride IN
her success, and always looked for
ward to his homecoming and made
great preparations to receive him"
said Judge Scott. "She entertained
her guests with cordially. she did
not use profane language. The pol
soning Of his pet dogs was accidental.
She never spoke disrespectfully OF MIN
to his friends or guests. She always
accompanied him to the depot on ms
departures and was there to receive
him on his returns. In her home she
had large statue of him In the hall;
in her bedroom she had his portrait
done by a famous painter on her stand
and she had his photograph and the
dishes she used were souvenir ones
stamped or etched with his portrait.
Such in brief is the character and con-
duct of Mrs. William F. Cody, extend
ing over a long. period of her married
life
"In return for this wifely devotion
the plaintiff has been cruel to her and
heaped indignities upon her. Even ii
it were true that the defendant
had at times been impatient with him,
cred as indignities, it is also true that
she had had much to contend with.
There are some allegations in the
answer that are not sustained py tne
evidence. From the evidence it does
not appear that the plaintiff was so
addicted 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 H. G. Ridgley, at
torney for Colonel Cody and his re-
quest for sixty days for filing a petit
ton for rebearing was granted
The motion for new trial will be
argued at the next term of court, and
in case this is denied, Cody's attor-
neys will take the matter to the SUI
preme court Of Wyoming.
Eah.lSE pnncEAEl