Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-06-23
ALEXANDRIA AFFAIRS
Judge Thornton Sets Aside
Malcolm Divorce Decree.
ONE PARTY SINCE Welded
Decision Causes Complication Which
Higher Court Must Untangle.
Employed Here.
ONE PARTY SINCE Welded
Special Correspondence of The Star.

ALEXANDRIA, Va, June % 1912
A case of far reaching Importance,
Just decided by Judge J. B.
the divorce granted Horatio G. Malcolm,
Thornton. in the circuit court for Alex
andria county, was the setting aside of
a clerk employed in the Post Office De-
partment at Washington, from his wife,
Catharine W. Malcolm, in Alexandria
county. on the ground of desertion. All
the more Importance is attached
to the case in view of the
fact that Mr.. Malcolm married
after the court had granted him a d.
vorce. and now he finds himself in a
rather peculiar position legally. at least.
The setting aside Of the divorce was
granted by the court following the insti-
tuition of the proceedings started by his
first wife Mr.. Malcolm has appealed
the case to the state court of appeals.
Since the passage of the law allowing
absolute divorce in the District Of CO.
lumbia on only one ground. many resi-
dents of the District who desire a di-
vOrce have come into Virginia, and after
acquiring a legal residence, apply for
divorce. In this state the law allows alb
solute divorce for desertion when tue same
has continued for three years. and the
party suing has resided in the state for
Complied With the Law.
The law. until the last session Of the
legislature. did not require that any no
tice of such writ be served on the de-
PENDANT IL nonresident it being
sufficient to publish notice of the suit
in newspaper local to the city or
county In which the suit is filed.
H-l, 81
for divorce from his wife on the ground
of desertion. The required notice, under
the law, was published in a county news,
paper. Next. testimony was taken in th.
court. and the court. upon the evidence
presented awarded him an absolute de-
cree for divorce on the ground of deser-
ton. Shortly afterward MIR. malcolm
married
Mrs. Malcolm. from whom he was
divorced, learning of the decree for di-
vorce filed a petition to reopen the case
and have the decree set aside, on the
ground that the law provides where a di
vorce is obtained against a nonresident
defendant. without notice, such defend
ant shall have one year after being noti
fed within which to come into court and
have any injustice corrected.
Court Reopens Case.
The court upon hearing the petition
permitting Mrs. Malcolm to file an an
swer. In her answer she alleged that
Mr. Malcolm deserted her and her chill
dren: that he had never acquired legal
residence in Virginia. but actually lived
in the District of Columbia and voted
in New Jersey: that he had deserted her
and the children. and for a number OF
years had not contributed anything to
their support that she mad no know ledge
l.: 49,
ty for the purpose Of obtaining a d-
vorce. and that the first intimation she
had of his action was the receipt by
her of a copy of his decree of divorce.
The case was bitterly contested, and
a mass of testimony taken on both sides.
Following full hearing the court, as
stated. decided to set the decree aside
and dismiss his bill
Mr.. Malcolm was represented by At
torney T. Morris Wampler. and on the
argument of the case had associated with
him Greed NJ. Fulton, and Mrs NAL
colin was represented by Attorneys Leo
P. Harlow and N. Carroll Downs.
Charge Dog Was Disorderly.
bulldog is locked up at police head
quarters here charged with dsorderly
conduct. The complainant is young man
who brought the dog to headquarters
and made the formal charge. The al
legged disorder consisted of attacking all
cats and dogs that came across his path.
The dog will not. however. be given
hearing in court before the judge. but
will simply be held by the police until
the owner appears to whom 1t will be
turned over for correction. which will
consist in either having 1t chained In the
owners backyard or else muxzled.
The local board of civil service ex-
aminers announces that an examination
will be held in this city August % and
- next. for the position of assistant
male teacher. and also for both male and
female teachers and Industrial teacher,
Philippine service. The entrance salary
of the majority of male appointees will
be 81 200 a year and appointees will be
On July "a the commission will hold
an examination for the position of ento-
biological assistant, male, at a salary of
from 81, 400 to $3.50 a year in the bu-
reau OF entomology. Department of Agri-
culture. Washington. d. C.
Install Memorial Pulpit.
memorial pulpit has just been INSTALL
ed in st. Paurs P. E. Church in memory
of Lawrance Hooff. first senior warden OF
that church; Anna Gretter, his wife, and
their two sons. John Hoof and Lewis
Hooff, who were also wardens Of that
church
The brass sermon rest is in memory
OF their daughter, Julia NJ Hooff. wife
of Benjamin L. Wallace of New York.
who was born here and died In Albany,
N. Y. The pulpit was presented by their
descendants, and Will be used for the hrst