Omaha daily bee., 1909-11-28
GETS DECREE AND TOTS
Florence Banker is Granted Divorce,
with Custody Of Children.
WIFE WEEPs IN COURT ROOM
JudEe Troup Finds Mrs. Paul Guilty
OF Extreme Cruelty and Her Vi
deity Under n cloud ~
Grave Suspicion.

John S. Paul, the Florence banker, re-
ceived a decree OF divorce In district court
Saturday morning from Judge Troup and
custody OF the three children.
There were four main points in the
decision Of the court, which was lengthy.
Judge Troup first threw out Mrs. Pauls
cross bill as utterly unproven." Then
he passed upon the charge Of infidelity
brought by Paul against his wife and de-
clsred. while the evidence in the case
shows that the defendants conduct was
such as 10 cast the gravest suspicious that
the charges made are true, yet before she
be pronounced unfaithful in this way she
must, be given the benefit Of every doubt"
Specifically guilty of hfidelity the court
declined to pronounce her.
Another point Of Importance was with
regard to the third daughter Of the liti-
giants, the little girl, Nellie May, whom
Judge Troup asserted was q legitimate
child Of plaintiff and defendant, though
he said that plaintiffs doubt in the mat
ter was an honest doubt"
PauT's Charge of Cruelty.
Thu fourth point passed upon by the court
had 10 do with Pauls charge OF cruelty
and In respect TO these the court found
for Paul completely. He then declared that
"a decree OF divorce han issue to plaintiff
and the custody of the children is with
him as a matter Of course"
Upon one point in the custody Of the
children, l feel some uncertainty, how
ever said the court. TT is the thing
for me 90 pronounce the child, Nellie May,
legitimate. 1t Is another to set quiet all
uncertainty In the mind of the plaintiff.
1 could not think of letting any OF the
children go to the defendant, but 1 I'M
not willing that Nellie May shall go to
the home Of John Paul unless l have.
convincing assurance that she shall be
treated as the other children and shall
nave an equal place in his affection. Fail
ing this conviction, l would prefer to find
her q home other than his"
After the decision Paul, who received the
congratulations OF many friends, said: Il
want all the children. 1 nave all along,
but 1 ought not to say anything until l
nave alked with my counsel Mr.. JEFF
feris.''
Mrs. Paul Slips Quietly ont.
Mrs. Paul slipped out of the court room
as soon as the court had uttered his last
words. Her attorney, General John c..
Gown, did not appear to hear the decree,
but was represented by Isadore ziegler.
Mrs. Paul betrayed considerable agitation
at certain times while Judge Troup spoke
and was moved 20 tears when he spoke of
"the gravest suspicious" When the court
referred to the letters written her sister,
which he did In connection with the cruelty
charges, she was again affected, though
in a different way, and at one other time
was profoundly agitated. This was when
the court declared that she had uttered
words which the most profane and vulgar
man would hesitate before letting cross
his lips"
In discussing the evidence of cruelty, as
he did at length, Judge Troup uttered his
severest words:
almost from the beginning. Paurs mar
ried life was one of suffering gradual
cruelty and the misery inflicted on him
by Mrs. Paul was utterly unwarranted by
anything In his conduct. He suffered all
that a man can possibly suffer-"