The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-06-07
HUSBANDS LOVE
VALUED BY JURY
AT@H|GH FIGURE
Widow, Ordered to Pay
Wife 900, Takes
an Appeal.
WIFE, MEANWHILE,
GOT DIVORCE, TOO
Sensational West Virginia Case
Sent to United States Supreme
Court for Ruling as to Juris-
diction-Mrs. Osenton
First Sued for $780,
600 Damages.

The sensational 800. 900 damage suit
Of Mrs Katherine Osenton. the former
wife of Fayetteville. w. Va. lawyer.
against Mrs. Margaret H. Williamson
for alienation of her husbands affec-
tion will be sent up by the United
States Circuit Court of Appeals to the
United States Supreme Court to have
the all-important question of 3urisdic-
tion settled. United States Senator W.
E. Chiffon and Arthur English. Of
Charleston, w. Va, and S. w. Walker
of Martinsburg. w. Va, appeared in
chambers yesterday to argue as to the
statement of facts and questions or
propositions of law to he certified on
behalf of Mrs. Williamson. C. Hail. of
Charleston. w. Va, represented Mrs
Osenton.
When tho suit was tried In Novcm-
Der, 1912. in the United States District
Court for the Southern District of Vir-
ginia, at Charleston. the jury returned
a verdict awarding Mrs. Osenton $685.,
600. An appeal TO the United States
Circuit Court of Appeals was immedi-
ately taken by Senator Chiffon and
the attorneys associated with him. and
the argument on the case was made
here before the court on May 20 last.
When the cifcuit Judges went into
themselves facing several questions
which they believed the Supreme
Court ought to pass OH before the Cir
cult Court rendered an opinion.
Affections Valuable.
Chief among these questions is that
of jurisd diction Following the discov
cry Of an alleged intimacy between her
husband and Mrs. Williamson Mrs.
Osenton sued for divorce in the United
States District Court at Charleston, W.
Va Before applying for the decree
however, che moved into Virginia in
order 10 be able to institute proceed
ings in the Federal court. a decree
of divorce Tinculo was granted Mrs.
Osenton. Without waiting for that,
however. she entered suit for aliena-
tlun OF affection.
The defense claimed that the Fed
eral courts had no jurisdiction in the
case because the plaintiff was citizen
of West Virginia. as was tho defendant
Not having obtained divorce from
her husband at that time, the defense
claimed that Mrs. Osenton's legal resi-
dence- was in West Virginia with her
husband. regardless of the fact that
she was actually living apart from him
In Virginia.
II the Supreme Court sustains this
plea of Jurisdiction, the case will he
thrown out of the Federal courts. and
suit must be brought all over again
In the State courts OF West Virginia.
In such suits the Federal statutes
allow very much larger damages than
the State codes. which means that Mrs.
Osenton could not bring suit for $780,
900 damages, as, in the eyes of West
Virginia law. her husbands affections
are not worth half that much.
Sensational Trial.
The trial of the Osenton- w Williamson
suit created a Seven-day sensation in
West Virginia, where all the parties to
the litigation are prominent In her
statement OF the case, the former Mrs.
Osenton alleged that she was lawfully
married to G. w. Oscnton on October
2S 1889, and lived in complete domestic
felicity at Fayetteville. w. Va. until
the time her husband was thrown
under the pernicious influence of the
rich widow Williamson in the course
of his legal practice. Osenton was en-
gagged to settle the estate left Mrs.
Williamson by her husband on his
death. Since 1906. declared Mrs. Osen-
ton. Mrs. Williamson had been un-
lawfully intimate terms with her hus-
band Camping trips made by the at
torney and his client figured largely in
the testimony of the case. The plain
tiff declared that the widow did "un-
lawfully and wickedly ALLEVIATE the love
and affection of the plaintin's hus-
band. wholly depriving the plaintiff of
the affections, society and assistance
of her husband III domestic affairs"
Judge c. w. Osenton, whose affection
was so highly valued, is a very promi-
nent attorney in West Virginia, and
has taken no small part in the politics
of that State.