Evening journal., 1906-09-29
WITHHELD ORDER
IN CHANDLER CASE
Long Arguments By Counsel,
But No Agreement Be-
tween Divorced Couple

After listening to the argument in Conn
mon Pleas Court No A. Philadelphia, in
Mrs. Elizabeth Sergeant Chambers fight
to compel her husband. Dr. swithin Cham
dler. to pay her monthly allowance Of
So, stipulated in their articles of separa-
ton. Judge Carr said he thought the
parties should reach some agreement be-
tween themselves in the dispute over the
allowance. II suppose" he added, there
is no chance of a reconciliation between
the coupler
mo, indeed" replied Attorney smyth'
emphaticauy; there are 500 pages of tes-
timony in the divorce proceedings already
ana when your Honor comes to read them
YOU win readily realize the lack of any
probability OF reconciliation"
''Well, If we are to discuss the divorce
testimony interjected Lawyer Kane,
with some alarm, I'VE had better do so in
chambers"
I'm not going into that evidence" as
sured Mr. Smyth, as he proceeded to de-
nounce the alimony given by the court
10 Mrs. Chandler. sarcastically referring
to it as an extraordinary liberal allow
ance."
Decision reserved.
E Warning Wilson and John Kent Kane
represented DR.. Chandler, while Charles
L. Smyth appeared for the wife.
NJ, fs.,,.-tl, ,,,Hor1aF tbot tho orrfTnroa
presented by his client clearly establish
ed her right 10 obtain a decree against
her husband.
Lawyer Wilson disputed this right. He
argued that an equity suit was not the
proper course for Mrs. Chandler in her
efforts to collect the delinquent allow
ances. as she had full complete and
adequate remedy at law and should have
brought separate suits to recover tine
amount due each month.
He also contended that the articles of
separation We're broken by Mrs Chandler
when she made several purchases of
wearing apparel on the DOCTORS credit
without his authority, and had further
violated the agreement by demanding and
receiving rent from the Wilmington
house. Under these circumstances the
doctor had the right to consider the ar
ticles of separation TO have been ended
and terminated by the breaches on the
part OF Mrs Chandler His notice to Mrs.
Chandler that he did so consider the
agreement ended, It was argued. was
sufficient TO legally terminate the articles
OF separation.
The Chambers separated in the early
spring of 19Ol Dr. Chandler has an Of
fee at twentieth and Chestnut streets.
Philadelphia, and after the separation
Mrs. Chandler, who is a handsome wo-
man, started on a theatrical career by
joining an opera troupe and the Loves
Lottery Company. According to her pres
ent complaint the doctor fell back in
his obligations 10 pay her monthly al
lowance and is in arrears for two years.
The doctors explanation Of his default
was that Mrs. Chandler herself had VIC
lated the separation agreement in several
respects. In the first place he pointed out
that she had received and applied to her
own use rents from the house No 1OO0
jackson street. Wilmington, the income
of which properly belonged to him. Fur
thermore, Dr. Chandler objected to pur-
chases made by his wife at Philadelphia
department stores.
on the day the agreement to live apart
was signed Dr. Chandler testified he con-
scented TO his wife buying and having
charged TO him several things which she
had enumerated. but he gave her to un-
dCrstand that they were to be the final
purchases. Notwithstanding this, il was
stated Or. Chandler several months later
received large bills for additional pur-
chases and was compelled TO pay.