The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-03-24
DIVORCE IS DENIED
TO BUFFALO BILL
Court Warmly indicates the
WHeIy Loyalty of Mrs.
Cody

SHERIDAN, Wye, March 23.-The
district court here today refused the
petition Of Col- William r. Cody (''Baf-
falo Bill') for a divorce. A decision
was moi expected until tomorrow at the
earliest. The courtroom was crowded
After the reading of the dispositions
was finished. the lawyers for both sides.
announced that they would submit the
case without argument.
After n short recess. Judge r. H.
Scott asked the attorneys for the de-
fendant, Wilcox & Halligan of North
Platte. Neb., to amend their answer
by striking out the sections which
dealt with charges against Bessie Is
bell. 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.
No Attempt to Poison
Judge Scott delivered an opinion re-
viewing the allegations and evidence
and giving his conclusions. He said:
The law of the state does not make in
ompatibility a ground for divorce. but
IL does read that extreme cruelty render
ing the condition of either party to the
marriage contract intolerable Is sufficient
grounds TO allow the granting of a di-
Norce. The first cause OF action In this
case Is the charge of poisoning on Dec
20. l9oO 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 a state of in
toXication and administered not poison.
but remedies, which she deemed bene-
fcial TO him. His inability TO speak on
this occasion did not come from these
remedies. but came from his excessive use
OF intoxicating liquors at the banquet
board and was as humiliating TO the de-
fendant as 10 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 letter
written just before her death: "Oh. papa
why did he do IL? My heart is Just
broken over it. oh, why did he do it?'
Reconciliation Spurned
Judge Scott also found that the
charge of unbecoming actions on the
part of the defendant towards the colo
nePs guests was not proved, that there
was no evidence that she had ever
threatened her husbands life and that
when attending the funeral of her
daughter Arta at Rochester, y. Y, in
February, 1904. she offered a perma-
nent reconciliation and no answer ever
came TO this. Judge Scott went on:
She was an overindulgent mother and
wife. who always took pride in his sue
cess and always looked forward to his
home coming and made great preparations
TO receive him. She entertained his
guests with cordiality. She did not use
violent language. She never spoke dis
respectfully of him TO his friends or
guests. She always accompanied him TO
the depot on his departure and was there
10 receive him on his return. In her home
she has large statue OF him In the hall.
In her bedroom she has his portrait done
by a famous painter. On her stand she
has his photograph. The dishes she used
were souvenirs. one stamped with his
portrait Such is the character and con-
duct OF Mrs. Cody. extending over long
period OF her married life.
In return for this wifely devotion the
plaintin has been cruel 10 her and heaped
indignities upon her. Even IL IL were
true that the defendant had at times been
has been considered as indignities. IL is
true she has had much to contend with.
There are some allegations in the answer
which are not sustained by the evidence.
From the evidence IL does not appear that
the plaintiff was so addicted to gambling
as to impair his business abilities or
trustworthiness. He did not use intox-
icating liquors in such quantities as TO
interfere with the transaction Of his busi-
nesss.
An exception to the ruling of the
court was noted by Judge H. S. Ridg-
ley, attorney for Cody, and his request
for sixty days for filing a. petition for a
rehearing was granted. The motion for
a new trial viii be argued at the next
term of court and in case this is de-
MED il is understood that Col. Cody's
attorneys will take the matter TO the
supreme court of Wyoming.