Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-21
BASSETT CASE STATUS
VIEWS OF ATTORNEY DAVIS ON
PENDING SITUATION.

Attorney Henry E. Davis, who represent
ed Rev. E. Lawrence Hunt in the local trial
of the case of Charles c. Bassett against
Fannie Rice Bassett, when asked by Star
reporter for his view of the situation Of that
case in the light of the reported ruling by
Judge Reddick of Omaha that the District
Supreme Court was without jurisdiction to
grant a divorce, said:
THE Omaha suit, in which Mrs. Bassett
is plaintiff and Mr.. Bassett defendant, was
the first instituted Upon its institution the
usual order of publication was made and
published. and Bassett through his attor-
neys, entered q special appearance and
sought to have the suit dismissed upon the
ground that Mrs. Bassett was not a bona
fide legal resident of Nebraska at the time
whereupon Bassett, through his attorneys,
appeared generally and filed an answer.
That gave the Nebraska court unQuestioned
jurisdiction of both parties for the purposes
Of the case.
subsequently, Bassett instituted his suit
here against both Mrs. Bassett and Mr..
Hunt He got order of publication
against Mrs. Bassett and proceeded against
her on that order, Mrs. Basse.t having never
appeared to defend the suit. The children
of the couple were not in this Jurisdiction
at the time the suit was instituted and have
never since been here. Mr.. Hunt appeared
here in the suit, through counsel, and first
filed plea, setting up the prior institution
of the Omaha case and its tendency at the
time the suit here was brought. The plea
was stricken out by the court and Hunt
thereupon answered.; testimony was TAKEN
and the case went to hearing
"On the hearing no reference was made to
the plea, for the reason that it had been
stricken out, but the question of it's pro-
priety and effect remain in the record. At
ter the rendition of Justice Goulds opinion,
Bassetts counsel presented to me decree
containing an award Of the custody of the
children to Bassett which, on my objection,
was omitted from the decree as signed, upon
the ground that the children having at no
time during the proceedings. been: in the
jurisdiction, the court had no authority to
make any order concerning them I am
about to file motion for rehearing of
the case here, upon grounds which will ap-
pear in the motion, and, should the motion
be overruled, l shall take an appeal to the
Court of Appeals.
'In the meanwhile, Justice Gould,s decree
stands. subject. of course, to the POSSIBLE
inasmuch as the time for taking and per-
fectdng an appeal will not have expired I'M
til after the close of the Omaha hearing, !
cannot think 1t possible that the Omaha
seeing that, should the decree be reversed,
the Omaha case would have to be tried
anew. Apart from this, according to the
decision of the Supreme Court of the United
at the time of instituting her suit were
legal resident of Nebraska, Justice Gould,s
decree settles only the status Of Bassett.
divorcing him, but leaving Mrs. Bassett. his
wife. everywhere but In this Jurisdiction.
AS already stated. the Omaha court has
Professionally passed upon this question Of
Mrs. Bassett's Nebraska residence in her
favor, and. II that question still be open In
find Justice Goulfs decree effective as dis
posing OF the case, must find Mrs, BaSeett