The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-10-07
JUDGE GUSTS
WOMAN FROM
COURT ROOM
'NOne Of Your Business p
She Said During Sisters
Divorce Suit.

Mrs. Sarah Harvey, of Elm street,
is suing her husband, Henry a. Wag-
ner, an employee of the Singer Manu-
featuring Company, of Elizabeth, for
separate maintenance, was ordered
from Chancery Court today by Vice
Chancellor Bergen. for interrupting the
testimony and telling A. ]. David,
counsel for Mr.. Harvey, that certain
inquiry he was pursuing, was none OF
his business.
The interruption came while Mrs
Wagner was in the witness chair un-
dergoing cross-examination. Mrs. Har-
vey was led from the court room by
Sergeant-at-Arms Wyellff Sayre, with
her eyes flashing with anger. She re-
manned in the corridor until S. w. Ell
bridge, counsel for her sister, called her
to the stand to testify
The papers in the case show that the
troubles of the Wagners follow a
secret marriage and brief honey
moon. The ceremony was performed
November 10, 1905, when the bride was
employed in Frel1nghuysen avenue,
this city,.
According to the complaint the
coupls kept the marriage secret until
March 21, 1906 when Mr.. Wagner
rented apartments at 6S Division street,
I.,izabeth, where they started house
keeping.
The wife declares that Immediately after
they began to keep house her husband
treated her cruelty and finally struck her.
On July %, she says, she left Elizabeth
with her husbands knowledge and with
out objection on his part, to visit her
father, who was i'll, and in hospital in
this city. On her return with her sister.
Mrs Harvey, she found the house locked.
On gaining admittance the next day she
found a note from her husband, she says,
telling her to go her way and he would 80
his She says she remained in the house
with her sister until August IA. when her
husband appeared with furniture van and
removed everything but a bedstead and
washstand. She thereupon returned TO
this city with her sister, making her home
there until her father recovered, when she
took up her residence with him.
The answer filed by Mr.. David denies the
allegations of the complainant and makes
a formal offer to provide home for her
In accordance with his means.
After hearing testimony by the complain
ant, Mr. David. on the ground that the
own witnesses had contre-
dieted each other, aud were, therefore,
void asked for a dismissal of the bill. and,
on the denial Of that request by the court,
he rested his case without calling wit
nesses.
Reviewing the case. Vlce-Chancellor
Bergen said the evidence showed that the
defendant had not only abandoned his
wife bur had, either by failure to pay
installments or by direct suggestion, pro-
cured her eviction.
This evidence is mcontradicted," re-
marked the court. "aud if it was all in the
case l would give an order for separate
But in this ease the answsr
makes formal offer of a home TO tb
complainant. and b shall therefore adjourn
this case to october is and give the wife
a chance to accept the husbands offer.
IF she refused 10 do so ! shall dismiss the
bill"
on application OF Mr.. Eldridge the court
fixed an allowance Of SO a week for the
period which has elapsed since the com
plant was filed.