The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-03-24
FOR MRS. CODY
Buffalo Bill Is Denied Divorce and
Roasted by the Court.

Sheridan. Wyo.. March 24.-The district
court here refused the petition Of Colonel
William +. Cody (BuffalO BID for d.
vorce.
a decision in the case was not expected
so soon. The court room was hled with
residents of Sheridan county and the sur
rounding country when 1t was given. AT
ter the reading Of the Geposltions was m
lshed the attorneys TOE Doth slaes an
nounced that they would submit the case
without argument
asked the attorneys for the defendant,
Wilcox & Haligan, of North Platte, Neb-,
to amend their answer in the case by
striking out those sections which dealt
with charges against Bessie 1sbeN, Cody :
conduct in Chicago and his early excuses
the court found entirely in favor of the
defendant, Mrs Louisa Cody
Judge Scott delivered an opinion of con-
siderable length reviewing the allegations
and evidence and giving his conclusions.
1.-The law of the state does not make
incOmpatibility a ground for divorce, but
it does read that extreme cruelty. render
ing the condition Of either party TO the
marriage contract intolerable, is sufficient
ground to allow the granting of a d.
vorce." said Judge Scott.
THE first cause of action IN this case is
the charge of poisoning on December IS,
1900. or some time prior thereto. The eV-
idence wholly fails to support this issue,
but shows the defendant was trying TO
rescue the plaintiff from state of tntOx-
ication and administered not poison, but
remedies which she deemed beneficial to
him. His inability to speak on this occa-
sion did not come from these remedies,
icating liquors at the banquet board and
was as humiliating to the defendant as to
-'yThe unhappiness caused by the actions
of the plaintim IS shown by the letter OF
tiful character shone out from her unhap-
py home and the words of her letter writ
ten just before her death: oh, papa, why
did he do it2 MY heart is Just broken
over it. Oh, why did ne do it?'"
Judge Scott also found that the charge
of unbecoming actions on the part of the
defendant toward COlOnRiE
not proven. that there was no evidence
that she had ever threat led her HUSBAND :
life, and that, when attending the funeral
OF her daughter, Artar at Rochester, N Y,
in February, 1901, she offered permanent
reconciliation and no answer ever came to
she was an over-indulgent mother and
wife, who always took pride in his success
and always locked forward to his home
coming and made great preparations to re-
ceive him. said Judge Scott. ''She enter
tained guests with cordiality. She did not
use profane language. The poisoning of his
pet dogs was accidental She never spoke
unexpectedly 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 a large statue of him in the hall.
in her bedroom she has his portrait done
by a famous painter on her stand and she
has his photograph and the dishes she
used were souvenir ones stamped or etch-
cd with his portrait Such, in brief. is the
character and conduct of Mrs. Cody. ex-
tending over a long period of her married
in return for this wifely devotion the
plaintiff has been cruel to her and heaped
indignities upon her. Even if it was true
that the defendant had at times been i'm
patient with him and such Impotence has
been considered as indignities, it is also
true that she has had much to contend
with Inere are some allegations in the
answer that are not sustained by the evil
dence. From the evidence it does not ap-
pear that the plaintim was so addicted to
gambling rs to impair his business abiIi-
ties 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 H s. Ridgley attor-
ney for Colonel Cody, anC his request for
sixty days for filing a petition for a re-
hearing was granted.
The motion for a new trial will be ar
gued 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.