Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1912-11-07
SEEKING A SEPARATION.
Contradictory Testimony introduced
in Case Of Lavigne Va. Lnviwne.

While Marshall Lavigne of Asbury
Park, n. j.. formerly Of Burlington. was
having his forehead rubbed occasionally
by IL pretty dressmaker from Newark,
I.avigne's wife. Rose ID. Lavigne of this
city, was arranging to have him deed
over his Burlington property to her, ac-
cOrdlng to testimony offered In county
court Thursday in the case of Lavigne vs.
Lavigne. an action brought by Mrs. La
vigne to obtain statutory separation.
Mr. Lavgne professed to have no per-
sona knowledge of the forehead rubbing
episodes, although his daughter testified
that she had witnessed them, but he did
admit that his wife succeeded in getting
him to deed over the Burlington property
and that she then refused to come down
to New Jersey and reside with him, as
she promised to do
The case, which was heard before Judge
Taylor. Is somewhat unusual in that it
is not an action for divorce but rather
one for separation under a law which
was passed Il number of years ago. Con-
siderable question as to property owned
in Burlington by the parties entered into
the case but the most OF tho testimony
was to tho effect that while Mrs. Lavigne
had been hard working, thrifty woman
for 40 years, her husband had not con-
tributcd sufficiently to his wife's support
and had gone to New Jersey, where he Is
| alleged to have become quite friendly
| with a dressmaker who sometimes rubbed
| his forehead, Lavigne, on his part, claims
that he went to New jersey TO seek new
| employment and that he sent his wife
money from time to time and also pres
| ents OF furniture etc. He also claims
that he is ready and willing to support
| Mrs. Lavignc in New Jersey. but objects
! to supporting her in Burlington.
, On the stand Thursday Laviguc stated
/ that he had once been in business IN Es-
sex but had starved to death there, so
! the family came to Burlington, where he
! took up the work of contracting. and
, building. lie testified that he bought
| some property on Willard street and
school street and built some ho,i.cS there.
| Later. he said. he left town with his
wfe's consent and went to New York.
He said his wife once visited him there
, and wanted him TO deed over the Burllns-
ton property This he did on her promise
| that she would come to reside with him
but he claims that after the property
! transaction lldu bttll dIIduS'u -"
vigne refused to carry out her part OF
| the agreement. He said Burlington
| lawyer had visited him once and told him
separation could be arranged for $500.
How about the charge that you spent
| money on other women" Numbered
Judge c. :. Palmer, who represented Mrs.
! Lavgne.
Il never did to my knowledge,' replied
| Lavcne.
If You had done so you would know
| about IT wouldn't you?' retorted Judge
| Palmer
II never did" declared Lavigne.
"Do you know Emma Conklin" in
| CURED Judge Palmer.
Eyes. ! have known the family all my
| life. They are pillars OF church in
| Newark" replied LaTgne.
| Did Emma Conklin ever rub your fore
| head at your home at Asbury Park
Not to my knowledge" persisted La
| vigne again.
Dora Iavigne. a daughter of the couple,
| testified that she had spent some time
with her father at Asbury Park and had
| ono" seen Miss Conklin rub her fathers
| forehead
| Mrs I.avigne when asked about the
/ furniture her husband sent her said most
| of it had been sent TO her daughter F.
G Webster appeared for Mr.. Iavigne.