The Republican. [volume] (Oakland, Md.) 1877-current, 1905-04-06
NOT SANCTIONED
BY THE COURT
Judge KeedY Speaks Plainly and to
the Point
CONCERNING DIVORCE MATTER
In An Opinion Filed on Monday the
Court Speaks In No Uncertain
Term In Regard to An Answer Re-
markable In More Ways Than
One.

In the suit of Lula Mecella Dunn VS.
John F. Dunn, for divorce, Judge
Keedy on Monday afternoon filed an
opinion in which he says that upon
considers ton OF the testimony sub
mitted, II have concluded to grant
the divorce as prayed, but in so do
ing | do not wish to be understood as
giving sanction to proceedings as
they appear in this cause" Contin-
uing the Court says:
1t is evident from the testimony
| taken upon the petition, that as soon
as the complainant saw the solicitor
who filed the bill for her in this cause,
! that said solicitor sought the defen-
| dent and endeavored to induce him
/ to sign an answer and to use said So
j licitor's own language-'I gave him
/ the bill and answer and suggested
that it was the proper thing to do
| The thing suggested as the proper
thing to do was to sign the answer
prepared by the solicitor for the com
! plant. An examination OF this an
swer shows that it is a remarkable
answer in more ways than one. In it
the defe ndant valves any and all
process for his appearance; he valves
all notice of the time of taking test-
mony upon the part of the complain
ant in support of the allegations of
her bill; he valves the taking of ties
| timOny upon his part, although at
| that time he did not know and could
| not know what charge might be made
| against him by witness. He was will
! ing to let anything that might be
. said against hun pass and become
| record in this court unchallenged
| by him. He. in SAID answer,
valves the right to file excep-
/ tiOns to the testimony taken upon
| the part of the complainant. No mat
ter how incompetent the witness,
| how irrelevant the testimony, wheth-
err the witness might charge him with
rape, arson, murder, or any other
| crime known to the law, he consents
| it shall pass and remain unchallenged
/ by him. And he further valves, in
said answer, the right to appeal from
any order or decree passed by Court
/ He consents TO the taking of testi-
mony on the part of the complainant
Immediately; the filing of said test-
mony i'll Court, Immediately upon
the same being taken; and the imme-
date submission thereof to the Court
for final decree waving all law and
rules of Court TO the contrary
"A defendant who has been charged
with being unfaithful to mari tai VOWS
and who is willing to sign such an an
/ swer to such charges upon the part
of his wife, either is far down in the
moral decliVitv, or else badly wants
to be relieved from the conjugal bond.
1t does not seem to me that such an
answer is the proper kind to file in
such case, or that it is the proper
! thing for the solicitor for the com
! plainant to prepare such an answer
| for the defendant to sign and suc-
gest to him that it is the proper thing
for him to do to sign such an answer.
But the testimony shows shat the de-
PENDANT knew of the tendency of the
suit against him, upon the part of his
wife, and he has not asked to be heard
in opposition thereto. The testimony
| upon the merits of the bill seems to
sustain the allegations as therein
charged and to entitle the complain
ant to the relief as prayed.
The testimony upon the petition
is to the effect that there was no col
fusion between the complainant and
defendant, although an answer, such
as filed in this cause, standing alone
and unexplained, must lead irresist-
ably to such a conclusion. As the
/ complainant seems to have a meritor-
ious case, | will grant the divorce as
prayed"
a. s. CARTS was solicitor for Mrs.
| Dunn. The first bill of complaint was
! dismissed by the Court, but later
leave was granted complainant to
take testimony before an examiner in
| supporter the allegations