The San Francisco call., 1910-03-16
MCCRf[RY ENDS HIS
SUIT FOR DIVORCE
Proposal for Reconciliation Is
Made in Court and Wife
Asked to Return
Cross Complaint Claiming ALI
mony Remains on File and
Attorneys Score Husband

Like shot in the dark" in the
proposition of reconciliation with his
wife from Walter A. McCreery, the Bur-
l1ngaIne millionaire, in Judge Cabaniss
court yesterday. 1t was asserted over
and over again by Charles S. Wheeler
and H. C. McPike, McCreery's lawyers,
that the offer was made in good faith
and that he wished his wife to return
to him and resume married relations.
Mrs. McCreerys attorneys seemed to
doubt the intentions of the plaintiff and
neither accepted nor refused the offer.
Mrs. McCreery was not in court.
AS evidence of his desire to abandon
the case, McCreery formally dismissed
his complaint, but found 1t not SO easy
to dismiss the action as whole, his
wife having filed "a cross complaint set
ting up affirmative grounds In support
of her petition for separate alimony of
$4,000 month. Joseph S. Tobin one
of the attorneys for Mrs. McCreery,
roundly scored the millionaire for his
conduct.
TOBIN sDENOUNCES McCREERY
This is very plausible suggestion"
said Tobin, but the proper time for
him to have made it was before he
came rushing back from England with
every disgusting charge against his
wife that his brain could conceive"
McCreery opened his eyes in aston
ishment he heard this denunciation
from his old Burlingame companion.
But Tobin went on in even more Sc
we're strain.
HE darted into court with accusa-
tfons of excessive cigarette smoking
and heaped torrent of expletives upon
the head of his wife, Tobin asserted.
l. Il
round turn by the cross complaint he
leave to take back the disgusting
names he had applied to his wife-all
that venomous mind could susgest.
WIFE USES BORROWED MONEY
1T comes with very bad grace at
this time. Wheeler may argue tech
nical questions of jurisdiction as long
as his breath lasts, but the law does
not contemplate that wife shall wait
suppliant at the door of the court while
points introduced for the purpose of
befogging the issue are discussed. She
is entitled to money for her support.
At this moment Mrs. McCreery is liv
ing on borrowed money"
Wheeler said that McCreery had no
wish to avoid supporting his wife and
family and remarked that $1,500 had
just been sent to England for the main
dren.
'McCreerys offer is prompted by a
sincere desire to have these differences
adjusted" asserted Wheeler. HE real
ICES that the future of their children
is to large extent dependent upon this
litigation I hope counsel on both sides
will be able to get together and end
the whole trouble"
Wheeler made a lengthy legal argu-
n hat
as McCreery had dismissed his COM
plant the wife had no standing in court
and could not proceed with her appli-
cation for $1,000 a month alimony
pending trial of the case, $4,000 coun-
sci fees and $4,000 for expenses. He
was answered by Tobin, who cited
many cases.
JUDGE RESERVES DECISION
Judge Cabaniss, while intimating his
belief that the wife was entitled to
alimony, even though the complaint had
been dismissed, took the matter upon
submission until Thursday.
McCreerys dismissal of his complaint
was in writing, and in it he offered to
provide for the support and education
of his children as he has in the past,
and If it were more agreeable to his
wife, he said, he was willing to have a
house in England suitable to their
financial position to enable her to at
tend to the education of the children
there.
McCreery added the condition that
under no circumstances should he be
required to maintain a domiciIe in
England or anywhere else outside of
California, except in so far as was
necessary for the carrying out of the
education of the children.
Tobin said during the hearing that
since Mrs. McCreery came here from
England her father had died and that
she was anxious to have the suit de-
termineJ SO that she might return to
England
FINED FOR BEATING JAPANESE-Max Ski
erka, former saloonkeeper at Clay and Polk
streets, fined $40 yesterday by Police
Judge Shortall for beating George Hirota, a
Iananese clerk at the Cove LODGING house les