The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-10-19

"'''SHeHes ceu9NtcT Oucs No'Su
Whip For Divorce on Grounds Of
,s, Undue infatuation For other
T. Women--DeposItions From Core.
{ spondents Not Forthcoming and
90 Parties Remain outside Of Courts
- Jurisdiction.
New York, Oct. 19.--The suit
Brought by Mrs. Frances Work Ba
tonyi for an absolute divorce from
Aurel Batonyi. the whip, went to
trial before Justice o'Gorman and
fury In the supreme court.
With the exception of witness of
minor Importance the plaintiffs
counsel. William M. X. olcott. and
James Henry Work, her cousin, in.
Produced all their evidence. and just
before adjournment the defense's
case was opened. At the opening Of
the trial Mr. Olcott announced that
OF the four women named in the COM
plaint two OF them. Esther Leigh or
Lee and Nellie Shakespeare. had
been eliminated leaving the allega-
tions standing against Lucille Bra
bant, or Breyaine, whose true name
IL Mrs. Beatrice Dreyfuss and Mar
gsret Allen, Known also as Mrs Law
renee. ~-~.ss1
Up to a few days ago the plaintiff
was hopeful of obtaining a deposition
from Beatrice Brevaine in spite OF
ha 90 pt at, hgp ,f
Jurisdiction since she knew she was
wanted as a witness. but both Mr..
Olcott and Mr.. Work told the court
that lawyer for Mrs. Blevaine
Dreyfuss, VINO had promised to get
deposition from her had finally said
that IL was not forthcoming. dep
osition from the other alleged core
tpondents was read. in which Miss
Allen declared that she could not
have been guilty of misconduct with
Batonyi because she never saw him
that she knew Of.
Mrs. Batonyi. who secured d.
sorce from her first husband, Hon.
Burke Roche of England. some years
hgo, did not reach the courtroom un-
Ill the case was we'll under way. but
Batonyi went in and took seat be-
side his counsel.
"a Mr. Olcott told the jury that much
OF the evidence against Batonyi was
circumstantial, but said he thought
II was conclusive of Batonyi's mis-
conduct with Margaret Allen and Be-
atrice Breyaine. He said that the al
legations concerning Magaret Allen
were relative to Batonyi's visit 10
her on the night Of Dec. 10, 1907,
when the man With whom she is liy-
ing as her husband was away. The
alleged misconduct with Beatrice
Brevaine was on March 4 or :, 1908,
while the two were riding In tax
icab between Broadway and Forty.
seventh street and st. Nicholas ave
nue. and One Hundred and Ninety
fifth street, between the hours OF 8
y. m. and / a. M.
Eugene Arcouet. a taxicab driver,
was the first witness. He told Of
Batonyi's long ride in the taxicab
with Nine. Brevaine and about a stop
al drug store.
George +. Spaeth, who runs the
drug store in question, said that Ba-
tonyi came into the store on the
night in question and got glass OF
richy with spirits OF ammonia. Just
as. Batonyi was leaving the store to
take the vichy and ammonia To some
one outside, a young woman entered
and Batonyi said: "Why did you
come in here? was going to take
this out TO YOU
"The young woman's hair was com.
ing down on one side and over her
forehead" continued the witness,
"snd she, woman-like, was trying to
put 1t back. She asked for some
hairpins, but we did not sell them.
Then she drank the yichy and am.
monia."
The druggist said that the woman
appeared TO be nervous, and stated
that when thev got into the taxicab
ne noticed that the curtain was
drawn to cover the glass, Mrs Ba.
tony entered just then, and Mr.. Ol.
colt asked II she was the woman in
the cab. The druggist said she was
not,
Harry A. Swinton and Adam F.
Haupt, private detectives, told Of
watching the house where Margaret
Allen lived. They said they were
there on Dec. 19, 1907, from 1880
a. m. to 1880 a. m. the next morn
ing. They saw Batonyi at 7:l5 p, m,
they said, but he had not come out
when they left. Clarence Bambry
the negro elevator runner in the
house, testified that he took Batonyl
up TO Miss Aliens room on the third
floor that night and that he did not
see Batonyi go away before late that
night.
Provides For Pet Cats.
Wilkesbarre, Pa. Oct. 10. - A
Al La. ~