Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-03-15
Haste in Msttst Whsfs Children a..
psss Rsmarriass Of Parent, and Fact
That Wenssn Did cesrsins, Ne Ret.
cen For int6rforsnSs on Para Of Chill.
drsn-WsavSr Writes Opinion.

head is 70 years old ana following the
death Of his first wife q few years ago
he married q woman of s., who hAA
been divorced, ana at die tine Of the
marriage ent4fSd into q nuptia1 con-
tract Regarding the defendant In gen.
eral the court, IN an opinion by Weaver,
said:
1T is the common lot Of men to grow
old. It is irievitabls that II life Is pro-
louged 70 old age the advance Of the
years will be marked by a greater or
less decrease OF bodily powers and
mental Efficiency. But generally speak
ing. II tanat decrease 10 normal. that IL
81 It be such only e. attends age uri.
affected by abnormal brain Conditions,
there y no 'ln1osianiness Of mind with.
in the meaning q the Isw end nothing
TO justify a court in depriving a man
OF the control Of the property which he
himself has earned and saved"
Has q Right to Marry.
Turning to the main point, that of
the old mans marriage which was dis
tasteful to his children the court said:
Ie - said the marriage was con-
tracted IN haste. upon very short ac-
quAfntafsce with the woman he was
fnnktn9 his VIE ana without INQUIRY
into her character and antecsdents. It
is further charged that this woman had
been twice divorced. had been involved
in VARIOUS scandals, had LED q disrep.
utabls life and that the marriage md
iseen brought about by her contrdvance
ana management in order 70 absorb and
acquire the appellants property. In
desd - prominently was that phase Of
the controversy featured on the trial
below that It - difficult to Eesist the
thought that the issue Of the appel
aAhfiA sahity Was lost SIGHT Of In the
effort q the plaintiffs to thoroughly
impeach thee AAxactsr of the wife.
-. .QhasesAer Doesn't Count. A
Duf a6N6 not On tffal ana at the
hes< (or worst) her character. whether
GOOD. bad or Indifferent, has only re-
mote harin9 on the merits Of the real
dispute the court Is called upon to de-
eide. It 10 not claimed that at the time
h married her appellant had any
knowfedge or Information that she was
otherwise than . good and decent wo.
man: and conceding every fact con-
corning the marriage to be precisely as
the plaintiffs claim them to be, they
con1tltute q wholly insufficient basis
for q conclusion that their father was
lacking In mental capacity to control
and manage his own estate. It may
have been unwiss for him to marry
again % late in life. but II 30 It was q
piece Of unwisdom which finds its par
allel In the lives Of men whose emin-
enc1 In science. literature. business and
stafesmanship, forbids any impeach-
1nent OF thei rmental soundness He
married upon short acquaintance and
brisf courtship. So have Thousands in
whom no signs OF mental senility have
yet appeared. Whether his haste was
due to the natural ardor of pursuit, or
a desire 60 forestall opposition from
his family, or shrewd appreciation of
the fact that a wtdower Of his years
tsad 4ae time to waste. there is absolute
" nothing in 1t to indicate mental In
competency to care for his property.
Woman Did Counting.
1T 10 further said that the woman
came 20 the neishborhood for the ex.
prsse purpose Of making the appellants
acQuaintance and marrying him, and
thai 4 vas she who managed to bring
about their meeting and subsequent
that the lady was not q coy young
maiden content to wait In the shadow
until her knight should appear in q
suit Of armor and carry her away to
his castle, but the fact that she violated
the conventions by actively promoting
her own matrimonial fortunes affords
but the slightest ground on which to
infer the insanity OF the man whom
she selected as . desirable husband,
nor II its significance greatly strength.
ened by the appellants failure to be
frightened away by the woman's ad-
vances. The acfed writer's declare
4ion that IT is In vain ii,e fowler
spreads the net in the sight Of the bird
has no application to cases OF this kind.
Many men find Q charm in the very
holiness and audacity Of the invitation
which they never Discern In more reti-
cent tactics. The appellant was want
ing 70 marry. He talked with some of
his friends on the subject ana one Of
the witnesses had advised him to nnd
Q god woman and make her his wife.
He was clearly not deceived by the let.
tor which invited him 20 call upon
Mrs. Hattery He went. he saw and
WAS conquered just as all men from
sohoolboy 20 gray haired veteran have
succumbed to Cupfd's wiles ever since
Adam defved and I'VE SPAN
0este Not Evidence o. 9snjI;tv.
sBut notwithstanding the precipitan.
cy Of his surrender there 10 evidence Of
his ability % keep the business section
Of. his brain tnclouded even when in.
dulging In rose colored visions Of con-
nuAlal felic1ty. for. while 20 exhilatatsd
0v6e aGy1 4AttsryAb Invitation 20 make
heP q en- xhst. ~ aau03tee sayo, 10
~ 10u1 uDoa III JouaGs ana tielssA
M - heuGD n ~ cir sna tUmo@.
a1ely thHteStsr beg1h and pressed his
esl4k q s ve6ntxact3le rita e opood, ~
5oeoQgo9 IL oaSnASuSO u go S;ss,Ssss sac
% N 1neosauptlal c0atyAet ~ which
- $3.50 20 ocoopt ~ eDeoo0ing3y
- hsabna4Ge r. - e asw1aoW'o
j $500 Il - eetAte. ~ nam Who can
q \ y ia u taSHo1n under such