The Bon Homme County independent. [volume] (Tabor, S.D.) 1904-1913, 1912-01-25
CRISIS IN DIVORCE
OF CUCCENHEIMS
Judge Petit Refuses to Name
Person Who Approached
Him in Behalf of One
Of the Litigants.

a Chicago court will come to a focus
tomorrow when the suit OF Mrs. Grace
B. Guggenheim to annul the divorce
granted her In 1901 from William Gug-
genheim, multimillionaire member Of
the famous smelter trust family. will
reach a hearing before Judge Thomas
c.. Windes in the circuit court.
Popular interest in the case has been
aroused because OF the fact hat the
suit comes before Judge Windes as
the result OF charges mad by Judge
Adelor J. Petit that al attempt to in
fiuence him In his decision was made
last month by someone acting In the
interest of G~uggenhein
Judge Petit. on December IS. admitted
that the attempt to direct his decision
in the case which has survived 10 years
Of charges and legal proceedings was
made by q man purporting to represent
William Guggenheim.
Goes to Another Court.
The judge refused to name the man
or to say whether he Is an attorney or
court attache. He also failed to bring
the matter officially before the Bar as
ISOLATION for action by that body in
the event that the person named Is an
ence with attorneys representing Will
liam Guggenheim and his former wife.
asked that the case be transferred to
some other court. On motion Of counsel
for the complainant. the suit was then
taken to Judge Windes.
Subsequent to the incident reported
by Judge Petit as the reason for his
unwillingness to proceed further in the
case as the presiding judge. the jurist
has maintained an unbroken silence
regarding the affair. Agitation among
the legal fraternity for an Investigation
and action on the charges have re-
suited in a virtual demand by the Bar
association that Judge Petit supple
of the facts.
The divorce was granted in 1901 in
Chicago by Judge Edward F. Dunno,
then sitting on the circuit bench. APP
plication for the decree was made by
Mrs. ~Guggenheim on statutory grounds,
foundation for which is said to have
been povided by Guggenheim during a
visit here Immediately prior to the in
stitution of the suit.
Mrs. Guggenheim was represented by
Attorney o Werner, of New York.,
who, In subsequent proceedings, has
been accused OF conspiring with Gug-
genheim and his attorneys to secure
the decree by fraud and misrepresenta-
ton.
In her petition Mrs. Guggenheim was
described as being a resident of Chi
cago and Cook county, although II has
appeared since that she made several
trips to Chicago from New York to es-
tablish a residence" Of a few days. The
decree was granted after sufficient tes-
tjnNOnU had hapn introduced RI cffh-
st~antiate the statutory charge. Alimony
Of $500 a month and the settlement Of
attorneys fees for Mrs. Guggenheim
was agreed upon, and later of settle
ment Of $1,000 is said to have been
made by the smelter king on his di-
vorced wife.
Both parties returned to New York
Immediately after the granting Of the
decree n the woman made no further
attempt to sustain her residence" in
Chicago. Guggenheim, shortly after
the termination Of his first marital ven-
ture, married his present wife, Mrs.
Aimee Steinberger Guggenheim.
By the later marriage the couple have
n child. In 1909 the first Mrs. Gug-
genheim began suit both in Chicago
m New York for an annulment Of
her divorce, charging the decree had
been obtained by fraud. misrepresenta-
ton, and COLLISION, n that the Cool
county courts had no jurisdiction. as
neither party was a resident Of Illi-
nois. The Chicago divorce was held
legal in the New York court and Mrs.
G~uggenheim's attorneys have fought
an uphill legal battle here for the last
two years to bring their case into
court.
In October, 1909, former Judge Dunno
entered affidavit before Judge IGNORE,
his successor, to the fact hat the de-
cree had been secured by fraud and
conspiracy. Judge Dunno explained
that he had been misled as to the true
facts In the case n that there had
been such q perfect conspiracy between
counsel for both sides that the COM
plainant, Mrs. Guggenheini, had a clear
case.
The main question at issue was
whether the complainant was a resident
Of Illinois at the time the divorce was
granted. Attorneys for the wife said
she had been led to believe that her
birth in Illinois constituted a legal
residence and that she had sworn to
her residence through ignorance Of the
law n without thought Of p%erjuring
herself.
The suit to set aside the divorce
finally came to a hearing before Judge
Tuthill last April. A subsequent change
was made TO the court OF Judge Petit,
where foundation for the latest and
most sensational scandal provided a
climax for a long list or Irregularities
when the case was called for trial in
December.
AS regards the attempt to influence
Judge Petit, itself, powerful political
pressure Is said to have been brought
to bear on the circuit court Jurist, and
the Of Senator Guggenheim, Of
Colorado, brother Of the defendant and
q strong supporter of Senator Lorimer,
and the Illinois statesman were men,
toned significantly. Judge Petit has
been backed by the Lorimer political
faction In Illinois and is known to be
a political friend of the Junior senator.
"The crisis Of the case will be reached
on Tuesday" said Attorney Trainer.
IF the plea Of the defense is overruled
by Judge Windes the case will proceed
to trial, and as they AVE practically
admitted all our contentious, the di-
vorce undoubtedly will be set aside.
In such event Mrs. Guggenheim will
return to New York, where suit for an
absolute divorce will lie begun. AS re-
CARDS the Petit incident, we are rea-