Evening journal., 1906-09-26
PAID WIFE'S BILLS
And NOT ALIMONY
Dr.. Chandler Says He Paid
Store Accounts For Stage
Struck Wife
JUDGE CARR CONSIDERS

Dr. Swlthin Chandler. through
counsel, urged the payment OF his
tage-struclV-wife's bills as payment
OF the courts allowance to her Of SIS
monthly.
Judge Carr suggested that the at
torneys should argue from the steno-
graphic notes OF the evidence. Friday
morning was mutually decided upon
as the time for argument.
Mrs. Chandler did not attend the
hearing, having concluded her testi-
mony and returned to New York. DR..
Swithin Chandler. the respondent, was
present in court, however. and with
his counsel. z. Waring Wilson, fnish-
ed the defense to the wife's charges
The matter came before the court in
the form OF a bill In equity filed by
Mrs. Chandler for specific performance
on the part OF the doctor of that COW
enant OF their articles OF separation
stipulating that he allow his wife s75
per month for her support and main
tenance during the adjustment period
OF their marital troubles.
A "Love's Lottery" Beauty.
The Chambers. who figured promin-
emily in the social circles here. and
separated in the early spring OF 1904,
and their subsequent cross-suits for
divorce created a stir. and surprised
their many friends in both places. DR..
Chandler has an office at Twentieth
and Chestnut streets, Philadelphia.
and after the. separation. Mrs. Chand-
Ter, who Is a handsome woman, started
on a theatrical career by 5oihlng an
opera troupe in the f'Dove's Lottery
Company. She now resides in New
York According to her present COM
plant. the doctor fell back N his obli-
cations to pay her the monthly al
lowances, and is in arrears for two
years. Mrs. Chandler Store that
she needed the money.
The doctors EXPLANATION. Of his de-
fault was that Mrs. Chandler herself
had violated the separation agree
ment IN several respects In the first
place, he pointed out that she had re-
ceived and applied 10 her own use
rents from the house, 1000 jackson
street, this city. income Of which prop
erly belonged to him under the terms
Of their contract.A Furthermore. DR.,
Chandler objected to purchases made
| ny MS NlAc at LhAduclphla ucpdlA-
ment stores during the spring and
summer following their separation.
He Paid the Bills.
On the day the agreement to live
apart was signed. DR.. Chandler testi-
fed, he consented to his wife buying
and having charged to him several
things which she had enumerated. but
he had given her to understand that
they were to be the final purchases
on his account. Notwithstanding this
it was stated, DR.. Chandler severa
months later received large bills FOL
additional purchases made by Mrs
Chandler. from whom he was theI
separated, and he was compelled q
pay the accounts. .s
An important legal question as Z
whether or not an equity suit can b
properly entertained for specific per
formance TO pay money. such as tn
allowance to Mrs. Chandler. was rails
ed during the hearing. Attorney
Kane and Wilson contended that
suit in equity was not the prope
} remedy for Mrs. Chandler and that he
proper course to collect the none,
would have been suit at law to re
cover the amount she claims is dul
her from the doctor. Charles L
Smyth, who filed the Dill in equity oi
behalf OF Mrs. Chandler. argued II
favor Of its propriety, and said that /
was the only way that he could avoil
the trouble OF filing a suit ever,
month.
The court made no disposition Of tn
question.
The cross-suits for divorce were re
ferred to George Heide Norris, a
master, and he has not yet completes
the hearing of testimony.