Los Angeles herald., 1908-10-14
DECISION GIVEN
IN THE MAYR CASE
NEITHER PARTY TO SUIT Sc
CURES DIVORCE
DEFENDANT HUSBAND MUST PAY
$3.50 A MONTH
Court Holds That Allegations of Both
Mr.. and Mrs. Mayr Were Not
Substantiated by the
Testimony

Judge w. p. James handed down a
decision yesterday i'm the divorce suit
of Mrs. Ann Eta Mayr against wal
ter Mayr, wealthy Chicago manufac-
turer. DENYING a decree of divorce TO
either side and ordering Mr.. Mayr To
pay his wife $3.50 month for the main
| tenance of herself and her child, josef
Hardin Mayr.
Judge James reviewed, the evidence
in the case exhaustively.
CHARGES brought by Mrs. Mayr that
her husband was cruel; that he de-
serted her in April 1904, and that he
stated he was not the father of the
child, were not substantiated, accord
ing to the decision, and the same opln-
ion is held concerning Mayr's charges
in his cross-complaint, in which ne ac-
cuses his wife of wrongful associations
with Josef Calm, a musician, ana an
other man, together with desertlon ana
cruelty.
The testimony of Charles M. keiter,
one of the principal witnesses presented
by Mr.. Mayr, needs strong corroboration,
according to the decision, before 1t can
be given much weight in determining
the infdelity of Mrs Mayr.
Speaking of incidents leading up to
the domestic troubles in the Mayr taml-
ly, the court says Mrs. Mayr's ambl-
ton to make for herself reputation
as a musician seemed to her more de-
sirous than settling down to quiet
and peaceful existence at home.
1.-The attraction for the stage, with
its bohemian life, had an appeal for
her that she found irresistible, SAID
the Judge. I'm the summer of 1902,
while Mr.. Mayr was on business trip,
Mrs. Mayr Joined a concert company
and toured South Dakota. As busi-
ness venture the expedition was not
success
Witness Was Biased
The court takes up the meeting of
Mrs Mayr with Josef Calm at sylvan
Lake, S. D., in 1904, and the friendship
which followed. Mr.. Kiefer's testimony,
in which he said he acted as a go
between for Mrs. Mayr and Calm dur
ing their correspondence, in order that
Mrs. Calm might not learn of the re-
ceipt of letters by her husband from
another woman, was considered by the
court at some length.
"Kiefer and Gahm," said the court.
''for some reason became enemies, and
this fact was given by Kiefer as the
reason why he came to California to
testify for Mayr, with the express de-
sire that his testimony might in some
way injure Calm. He was desirous of
showing in some way that the rela-
tions between Mrs. Mayr and Calm
We're unduly intimate"
The statement of Mrs. Mayr that she
received but one letter from Calm is
regarded by the court as untrue. The
testimony of Kiefer," he said, should
be subjected to the closest scrutiny.
He appeared as a witness. volunteering
his testimony and without solicitation,
and for the sole purpose as he stated,
of revenging himself against Calm.
admittedly having no grudge. and
cherishing no i'll will against Mrs. Mayr,
he was willing to appear as an un-
sought witness and give testimony
which, if true, would help to faSten
upon the woman the charge of undue
intimacy
1.-The testimony of such a witness
needs strong corroboration before it
should be given much weight in the
determination of so serious an issue.
And wherever the testimony of a wit
ness of this sort is uncorroborated and
comes in conflict with the testimony of
other witnesses, even that of party
to the action, it should be rejected"
Birth Was Premature
"The testimony of the physician who
attended the birth of the child, Josef
Mayr," said the court, "was to the
effect that the birth was a premature
one He gave in detail his reasons Tor
arriving at that conclusion, and if his
testimony is entitled to full credit, and
there appears no reason why it is not,
then it must stand as proved that Mayr
is the father of the child"
"The boy, while yet too young to
show any marked similarity of feature
or action to either parent" said the
court. did exhibit certain facial eX-
pressions which were markedly like
those which appear peculiar to Mr..
Mayr."
Concerning Mrs. Mayr's charge of
cruelty, Judge James said the physical
encounter referred to in the testimony
amounted only to interfering with each
other while engaged in controversy
as to the best method of preventing the
baby from sucking his thumbs. The
encounter was voluntary on the part
of each. and the finding should be
against each on this score.
AS to the desertiOn charges brought by
each, the court said they are not sub
stantiated. The charge against Mrs.
Mayr that she was unduly intimate
with a Los Angeles man, the court be-
lieves is without sufficient proof to
support 1t.
"The fact that she received married
man in her apartments, where he re-
mained for more than an hour" he
said, "indcates that she was indiscreet
and deserving of severe criticism, but
both Mrs. Mayr and the man testified
that the time was occupied only in
discussing matters in which each was
interested"