The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-05
Mamie B. Myers Wants $1,000
From L. N. Jackson.
Claims That She Entered Into
Contract Marriage.
HE WAS SEVENTEEN
While She Was Considerably
Over Forty.
Judge Dana Is Hearing the Evil
dence Today.

Claiming that she is a soul mate and
affinity and that her common law hus-
band deserted her before the birth Of
their child, Manic B. Myers is today
trying to recover $1,000 alimony from
Leon M. jackson, young PottaWato-
mic county farmer with whom she al
leges q common law marriage.
The woman's parents live near La
clede in Pottawatomie county and are
neighbors to a family named Jackson.
who owned several large tracts of
land. The petitioner claims that on
May Is, 1907, she entered into a mar
riage contract with Leon Jackson, son
of the farmer and that this contract
has since been and is still in exist
ence, although her alleged husband
deserted her in the winter of 1908,
shortly before the birth of their child
She says his desertion at this time
chastity in the community in which
she lived and that the pain and suf-
fering incumbent with surrounding
conditions, entitled her to an equal
division OF a $4,000 estate, which the
young man inherited from the death
of his father several months after the
contract is supposed to have been
made. The child in question is claim
ed have died in infancy, and was
buried by the plaintiff
Denies the contract.
While these Sational charges are
made by the Pottawatomie county
woman, young Jackson denies all
knowledge of such a contract and
claims that at the time the agreement
iG said to have been made that he was
but La years old, and consequently
could not legally enter into contract
binding either on himself or a second
party. He says that his undivided one
half interest in 240 acres of Pottawa-
tonne county land. which the petition
er says is worth $4,000 is in reality
mortgaged for $4,000 and that his in
heritance is grossly overrated. He
claims further that the Myers woman
made public statements in the COM
munity surrounding Laclede to the ef-
feet that he was the woman'S common
law husband; and that these state
ments were untrue but injured his re-
putation in the neighborhoo Jackson
also says in his reply that the woman
attempted to force him to give her
large sum of money and that she re-
peatedly asked him to buy her small
presents such as handkerchiefs and
stockings.
Complainant Is Forty-Six.
According to the statements made by
the defendant, the woman is about IS
years old and has a son by a former
husband older than the defendant in
the action.
When the plaintiff went to the wit
ness stand in Judge Dana's court, she
told of her devout endeavors to follow
the teachings of the Christian Science
religion and declared that she believed
a common law marriage was as binding
and sacred as one performed by a mill
lister of the gospel. She said she be-
lieved a marriage of this nature was
entered into between herself and the
| defendant and told of the mistreatment
and neglect which she later suffered
from her alleged husband. The COM
plainant said when she took up the new
teachings of the religion, she was
scoffed at and abused by her father
and brothers and sisters; but that she
out the teachings as she understood
them. She said her father had told her
she was crazy and threatened to beat
her and tie her up If she did not dis
claim her convictions.
| On cross-examinaticn the woman adj
mitted that she had been married twice
before she entered into the contract
which she claims with the Laclede
farmer boy. She admitted that both
| her former marriages had been regular
| and in accordance with the general
custom of the state, but that since be-
| ing divorced from Myers, her second
| husband, she had studied the teachings
| of Christian Science and convinced that
common law marriage was a divine
creation and she believed her alleged
/
binding. The woman said she had no
record of her age, but thought she was
| Al years old.
| The defense in the case further con-
| tend that the woman refused to tell the
POttawatomie county attorney where
| her child was buried; and that some
months ago she filed suit in her home
county to obtain a divorce from her al
| legged husband. At the time the case
| was filed Jackson was home from a
| western trip and service was secured.
| When the case was called for trial IN
| Judge HeiZer's court, the defendant
| was present and stated through his
attorneys that the case would be con-
| tested. When Mrs. Myers learned that
| her attempt to secure a divorce would
be opposed, she dismissed the action.
since made her home in this city. The
present action was filed several months
ago.
Forced Husband to Sleep In Henhouse
The trial of the case will occupy the
courts attention the greater part of the
| day. Following this case, a divorce
proceeding of John Williams against
| Aggie Williams will be tried. In this
case the plaintiffs principal contention
| for a legal separation is the hunilia-
ton he suffered when, as he says, his
wife compelled him to sleep in the hen
| house.
| A suit for divorce of Eli F. Asling vs.
Anna c. ASKING was dismissed this
morning when the plaintiff did not APP
pear for trial. William Shanks was
! granted a divorce from his wife, Mary
Ann Shanks. The woman's cross petit
ton for alimony was denied.
IMPRISONED IN AN ELEVATOR.