The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1909-12-13
Judge Fox This Morning An
nounces His Decision Which
Exonerates Freeman Who
Was Named Correspondent.
DEFENDANT ALLEGED
DEPRAVED BY COURT
To Substantiate This Charge,
Letters Received From Her
Are Referred to by Judge
Ruling Expected.

Judge Fox this morning refused B
Franklin Owens a divorce from Mary
Melissa Owens, not because he did not
believe the plaintiff should be liberat
ed from matrimony, but because the
plaintiffs allegations that Perry J
Freeman. who was named as core
spondent, were wholly unproven IN
the trial, which took place in the cir.
cult court Thursday Friday and Satur.
day of last week.
The court postponed making a decis
ion Saturday until today, as he wished
to carefully review the testimony
which was voluminous. before making
his decision. The decision was tbs
would be rendered and therefore it was
no surprise.
Calls Her Debased.
Mrs. Owens, against whom the &C
tion was directed. was characterized
by the court as utterly debased and
her depravity was apparently so de-
veloped. as shown from letters which
she wrote Mr.. Freeman. and which
were introduced as evidence, that Il
was astounding. Judge Fox said that
he could not see the reason for Mrs
Owens's falsehoods, unless, as the de
tense intimated. it was for black mail
or, if not, to cause Mr.. Freeman an6
his family the utmost mental anguish
During the trial there were several
letters introduced as evidence by Per
ry J. Freeman. who, through his
counsel. Henry U. Johnson, fought the
these letters with the exception o.
those which Mr. Freeman wrote tc
Mrs Owens and her husband, were
written by Mrs. Owens. Judge Foa
read the first sentence of one of Mrs
Owens letters. and it is unprintable
The court said that the rest of the
letter was even worse and he did not
read It, The spirit of the other let
ters which Mrs. Owens wrote both tC
Mr.. Freeman and his family were in g
similar vein.
Regarding the Baby.
The court referred to the testimony
introduced in which it was alleged
that Mrs. Owens had charged Mr.
child who it was also testified, she
had adopted from a Chicago founding
home.
The court said it almost paralleled
the once famous Ellsworth case. The
court said that Mrs. Owens tried tC
give the public the impression that
the child was her own by false meth
DDS. He said Mrs. Owens even wen,
so far as to write Mr.. Freeman. re
questing him to have members of his
family help In making it's clothes
Judge Fox referred to the letters
written by Mr.. Freeman. in which he
warned the defendant and the plain
noyance ceased. he would prosecute
her. A reply by the plaintiff to one
of Mr.. Freeman's letters was read, il
which he said that he was going u
get even. charging Mr.. Freeman will
being responsible for breaking up hi:
home. Mr. Owens knew of the condi
tions under which the baby came int
their possession. However. the cour,
did not hold that Mr. Owens was per
juring himself in testifing that his
wife had confessed to him she haG
been intimate with Mr. Freeman The
court said that he believed both Mr.
Owens and Mr.. Keller, his counsel
were testifying truthfully but thai
Mrs. Owens's confession to them wa:
a falsehood.
Testimony Not lmpeaehed.
The court said that he could not &C
cept the testimony of either Mr.. Ow
ems or Mr.. Keller as opposed to thai
OF Mr. Freeman. The latter testified
under oath that he had had no i'm
moral dealings with the defendant
while the other two testified to wha,
Mrs Owens had told them when she
was not under oath.
Although Mr. Freeman's chastity
had been pronounced bad by two wit
nesses, the court held that none o.
his testimony had been impeached
He said that because his chastity hat
been questioned was not any evidence
that his truth and veracity was bad.
Mr.. Freeman was asked by a report
ed whether he would file an affidavit,
in the federal court charging Mrs
Owens with sending obscene litera
ture through the mails. He said tina,
his future action had not been deter
mined upon, but intimated that be
vOuId allow the matter To dron ~itt