The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-02-02
QUEER ACTION INDEED.
Iowa Veteran Came to the LeaV-
snWorth Soldiers Home.
She Now Thinks She. Is Entitled.
to Soldiers Pension.

Leavenworth. Kan, Feb. 2-Thos
J. Scott Of Davis City. Iowa, came to
the Soldiers home to spend the winter
OF 1SsS-S9 and here obtained a d.
vorce from his wife. After the spring
had fairly come he returned to his
home and to his former wife: he did
not mention having obtained a divorce
from her and continued to live with
her until his death a short time ago
not once mentioning having obtained
the decree divorcing him from the
wife However. after his death slip
of paper was found among his effects
stating tslat the above was true
Such is the story told in a letter re-
ceived by County Clerk Niehaus yes
terday from Attorney Frank J. Hor-
ton of Davis City. Iowa The attorney
asked the couny clerk to consult the
records and ascertain whether or not
a divorce was obtained BIZ Scott and
giving the facts stated above The
records of the district court were con-
suited and the following ascertained:
Thomas J. Scott filed suit for a di-
vcrce from Kate Scott in the spring
OF 1888 He stated in the petition
that he had married her NOvem Der A.
1887, at Winterset- Iowa, but that the
wife abandoned him in March, 1897.
and IN spite OF the fact that he had
written to her time and again and in
vited her to return to him she refused
to do SO. The alleged answer of the
VIE was fled in which. all of the ale
cations set forth in SCOTS petition
were denied and the wife claimed that
the husband sent her away from
home: that she wanted to return. but
that he would not send her the where
with TO do 50; that she has a good de-
Tense and is ready to prove that every
thing she states is true. etc.
accompanying the papers are aff7-
davfts. one from Johanna b Kirk
stating that she had known the SCOTS
IN Missouri. that the wife left the hus-
band and that she had seen letters in
which Mrs Scott refused to return to
the husband and asking that her
household goods be sent to her.
The question is. If Mrs. Scott did
not know her husband had filed suit
for a divorce from her in the district
court here was the answer alleged to
have been filed here as coming from
her. forged If Mrs. Scott did not
know her husband had obtained a di-
VoFee from her there certainly was
something wrong
scott sNOre in his petition that he
had been a resident OF the state for a
year when, if the statements IRaae in
the attorneys letter are true the
plaintiff perjured himself can = de-
cree obtained by fraud by a husband
now dead be set aside by the court2
II would seem 50. Mrs Scott must
have the decree set aside in order to
obtain widows pension and the only
way in which she can go about it. it
would seem. is to come to IeaveD-
worth and prove to Judge Fitzpatrick
that her husband had not been a resi-
dent Of the state for a year and that
furthermore the answer alleged to
nave been filed by her was not author
lied By her.
If Scott had lived with the woman
IN Kansas after obtaining a decree of
divorce and had introduced her as his
VIE after he had obtained such de- 1
cree, he by common law. was her
iaW1uI husband and she IS entitled TO I
the pension even though he had a di- [
VoFce decree in his pocket. but inst
what the laws of Iowa are in this re-
gard is not known
Why Scott should get a decree from
ms wire and then return and live the
remainder of his natural life with her
IS a peculiar move on his part unless
ne repented his action and thought. bv
hloing the decree the former wife
would sun be his wife and nothing
would be heard of it
mrs. Scott according to the letter.
IS IN are circumstances and il would
seem tnat If she took care of her df-
vorced husband IN to his death and
liVed with him as his wife throughout
sAe Is entitled to the pension even
lno9sh he did do a little crooked f