The Montgomery advertiser., 1905-03-24
COURT DENIED THE PETITION Judge Hands Scout Hot
 Shots. MRS. CODY MUCH ABUSED Col Cody Described as Hearl-
 less Father. Sheridan Court, I. De.ys.. Pssy,r = BuhaIo am For Diver.> ,aaksa
 Plai. statsne.ts = ts
 Ills Charsetsr.
dRS. CODY MUCH ABUSED

trict Court here today refused the n6- tition of Colonel Wm. Y. Cody for dt~' vorce.
 A decision was not expected beforo tomorrow at the earliest, but the court room was filled with residents of shsr- idan and the surrounding country when. 1t was given.
 After the reading of the dspositiens was finished today the lawyers for both sides announced that they would submit the case without argument. Af- ter short recess Judge R. H. Scott asked the attorneys for the defendant, Wilcox and Halligan of North Platte. Neb.. to amend their answer In the cas- by striking out those sections which dealt with charges against Bessie Is-s bell, Cody's conduct in ChicaKo ana his early excesses at Fort McPherson. When this was. done the court found entirely in favor of the defendant, Mrs. Louise Cody
 Judge Scott delivered an opinion of considerable length. reviewing the alle- gations and evidence and giving his conclusions.
 "The law of the state does not make incompatibiiity a ground for divorce, but 1t does read that extreme cruelty rendering the condition of either party to the marriage contract intolerable, ia sufficient grounds to allow the grant, ing of a divorce" said Judge Scott.
 The first cause of action in this case is the charge of poisoning on Dec. 26, 1900. or some time prior thereto. The evidence wholly falls to support this issue, but shows the defendant was trying to rescue the plaintiff from a state of intoxication and adminis- tered no poison. but remedies which she deemed beneficial. His inability to speak on this occasfon did not come. from these remedies, but came from his excessive use of intoxfcafinx liquors at the banquet board and was as huniliatIng to the defendant as t< the plaintiff. j ti0ns of the pIainfiff is shown by tia letter of their daughter, Arta Thorpe. whose beautiful character shone out from her unhappy home and the words of her letter written just before her death: "Oh. papa, why did he do if1 My heart Is just broken over 1t. On. why did he do it?"
 Judge Scott also found that the charge of unbecoming actions on the part of the defendant on the part of the colonel's guests was not proven; that there was no evidence that she had ever threatened her hus-' bands life and that when attending the funeral of her daughter, Arta. aE Rochester, N. Y., in February, 1904. she offered permanent reconciliation ana no answer ever came to this.
 Mrs. Cody's Character.
 "She was an over-indulgent mother and wife who always took pride in his success and always looked forward to his homecoming and made great prep-. arations to receive him." said Judge al,xa F. cordiality. She did not use profane language. The poisoning of his pet dogs was accidental. She never spoke disrespectfully of him to his friends or guests
 she always accompanied him to the depot on his departures anu was there to receive him on his return. In her home she has a large statue of him in the hall; in her bed room sne has his portrait done by a famous painter and she has his plano and the dishes she used were souvenir ones stamped or etched with his portrait. Such in hrief Is the character and conduct of Mrs, Cody extending over a long period of her married life.
 Tn return for this wifely devotion the plaintiff has been cruel to her and heapeI indignities upon her. Even if it were true that the defendant had at times been impatient With him and such Impotence has been considered as indignities, 1t is also true that she has had much to contend with. There are some allegations in the answer that are not sustained by the evidence. From the evidence it does not appear that the plaintiff was so addicted to gambling as to impair his busineas 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 Judge H. s. Ridge ly, attorney for Colonel Cody. and his request for sixty days for filing pe- titIon for a rehearing was granted
 The motion for a new trial will be argued at the next term of court and in case this is denied, Cody's attorneys will take the matter to the Supremel Court of Wyoming.