The Democratic banner. (Mt. Vernon, Ohio) 1898-192?, 1910-06-21
SEWARD
Refuses A Divorce To A Mans.
field Couple
In Language Which Cannot
Be Reproduced
Decision Full Of Sizzling Hot
Stuff
A NuUCupatiVe Will Is Filed
In Probate
Other Items Of Interest From
Temple OF Justice
Mansfield News)

When Judge Charles w. Seward of
Newark was here some time ago hold
ing court he tried among other mat
ters the divorce case styled Matilda
Lewis vs. j. Charles Lewis in common
pleas court.
On Wednesday Judge Seward sent
here to the county clerk his written
opinion in the Lewis case in which he
refuses the plaintiff both divorce and
alimony. The opinion is lengthy
affair covering six typewriter pages.
Some of the opinion is pretty hot stuff
and could not be published as Judge
Seward is one of the common pleas
judges who calls spade spade and
speaks what he thinks. The following
is an abstract from the opinion of
Judge Seward:
"This is a suit brought by the plain
tiff to recover from the defendant ali
mony and for divorce. The grounds
upon which she predicates her actions
are: Wilfull absence for more than
three years, gross neglect of duty,
failure to live with her and failure to
support The record discloses that
the plaintiff and the defendant were
married in Richland county, in Mans
field in 1897. They separated in 1901
in Albany, New York. So far as the
record discloses they lived happily
together until this separation took
place.
Why should the plaintiff defer bring
ing suit for divorce and alimony for a
period of three years or four years af-
ter the separation and then not bring
it until she was notified that her hus-
band had remarked?
The plaintiff fails to satisfy the
court that she comes into court Of
justice with clean hands and does i'm
press the court that her main desire
1t to annoy and harrass the defendant.
1 find that the plaintiff had actual
notice of the divorce proceedings
brought by the defendant against her
in Westmoreland county, Pa, and that
the decree of divorce affected disso-
luton of the marriage contract.
Neither of these parties is free from
criticism as to their actions.
The court declines to give her either
a divorce or alimony and her petition
is dismissed.
CHARLES w. SEWARD,
Judge
The last will and testament of Ar.
villa Loney, late of Pike township
Knox county, has been filed in pro
bate. BY the terms of the will she
gives to her daughter, Olive V. Smith
the town property in the village ol
North Liberty. To the daughter she
also gives the sum of $400. To hel
daughter, Sylvia M. Loney she gives
the undivided half of the farm in Pike
township. The testatrix appoints Johr
A. Loney as executor Of the will. The
instrument was signed February ~
1897, in the presence of George w
Kirkpatrick and M. M. Cunningham.
O.
Nuncupatlve Will
The nuncupative will of Theodor,
Selders, late of Butler township, Kno'
county, has been filed in probate. TIL
deceased met with fatal injuries II
the Green Valley Touring mills o.
June 8, 1910, and before his death Il
the presence of witnesses did declar
his last will concerning the dispositio
of his personal estate as follows:
give to and want my mother to hav
everything / have" The documen
was witnessed by Clifford Stricker an
Alva ]. Stricken.
Second Partial
George w. Tulloss, guardian OF Sa
ah A. Smith, has filed second parts
account in probate, showing the fo
lowing: Received $11,676.S2, paid OF
$954.49, balance $10,722.S3.
Marriage License
Herbert Luther Frank, farmer'BroN
township, and Cora Ethel Beam, Phi
township. Rev Luther Coffman.
First Partial
A first partial account has been fil'