The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1909-05-14
THE WHALEY
CASE HEARD
WELL KNOWN COUPLE FIGURE
IN DIVORCE ACTION IN
LOCAL COURT.
RESIDENTS IN RAPID CITY FOR
TWO YEAR s. HUSBAND
CHARGES CRUELTY.


The divorce action brought by
William H. Whaley against Mary
r. WIhaley, of Wasta, and sepa-
rate maintenance suit instituted by
Mrs. Whaley against Mr.. Whaley,
were heard Tuesday in the Penning-
ton county circuit before Judge Nc
Gee. The case is of considerable
interest in view of the fact that the
Whaleys resided in Rapid City for
two years, and since resided at Dako-
ia City for number OF years; also at
one time resided at Pierre. Attorn-
eys Buell. & Gardner represented Mr..
Whaley, and Attorneys Wood & Ed
wards appeared for Mrs. Whaley.
The principal allegation of the hus-
band was cruel treatment. He
charged that Mrs. Whaley on vari-
Gus occasions attacked him with
various weapons, including an AK,
a butcher knife, a pitch fork and
stove lid. The allegations were
in turn denied BY Mrs. Whaley, with
the exception that she did admit
that she had given her husband to
understand that if he came upon
their place and made any move to
injure her that she would kill him
if she could.
During the examination OF her
husband by counsel Mrs. Whaley
found impossible to keep quiet
and she frequently broke out with
her side Of the story, and although
efforts were made to stop her from
time to time she kept right on talk
ing until she had explained her side
of the question.
The. Whaleys are elderly people.
A daughter, Mrs. Lottie Anderson,
accompanied her father to the court
house at the morning and afternoon
sessions Of court, and she appeared
as witness for her father. Dur
ing the afternoon session of court
she sat on the same bench within
a few feet of her mother, who sew
eral times openly accused the young
woman of not telling the truth. On
the stand Mrs. Anderson exhibited
no sign of excitement and had the
appearance Of unreservedly answer
ing all questions put to her.
A somewhat sensational point in
the taking of evidence was reached
when Mrs. Whaley charged that her
husband had presented their daugh-
ter, Mrs. Anderson, with gold
watch, with the understanding that
she was to testify in his behalf and
answer all questions in the way
that he wanted them answered. The
young woman, on the stand, testi-
fed that the timepiece was given
to her by her father long before
any court action was contemplated
and she strenuously denied that she
had been asked by her father to
swear to anything that he asked her
to swear to. Mr.. Whaley was re-
called to the stand and was exam
ined regarding the watch incident
q AiC lCSLlACu lIC GdNS IhO #LAShCA
to his daughter as a birthday pres
ent and that the present was made
four years ago last March. He said
that no divorce suit was contem-
plated at that time.
Mr.. Whaley was called to the
stand and examined with regard tc
the homestead he has in Penning.
ton county. He said that it now
consisted of 154 acres, a small piece
having been sold. He gave an es
innate Of it's worth, and said tha'
in 1906 he held it at $4,000. He
told Of making two trips to Wichita
Kans., to visit relatives, the last II
1905 and the first about seven years
previous. Questioned as to why hi
did not ask his wife to go with hin
to the Sunflower state, he said tina
he did not have sufficient money t.
warrant both Of them making tn
| trip.
Mrs. Whaley on being examined
by counsel declared that she hat
never received cent OF money iron
her husband after they were mar
ried in 1873. She said that at tn
time of the marriage she possesse
two mares and a COW, which, sh
said, her husband subsequently sol
and retained the money. She ais
testified to having a home, upo
which there was mortgage of $500
"He sold this also and blowed j
the money" testified Mrs. Whale!
When we came to South Dakot
we had only one old blind horse an
barely enough to get here on" sh
went on. Mrs. Whaley testified thu
her husband bought her Gallo
enough to make up one dress. ST
estimated that the cost Of the goot
( was five cents yard. According
her story he bought this at an au
ton, cor l would not have come in
possession of it through him." 81
!. added. According to her story h
husband never did any work abo
J, their homestead and she accused hi
OF becoming intoxicated. Asked
y itemize her holdings she said tn
she possessed about dozen Gait
III two horses and four colts and 9
exhibited banking book from
k Rapid City financial institution
prove that she did not have an /
lcess Of 800 on deposit. Il