Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-01-12
COURT CONSIDERS POINT THAT
NAY CAUSE DECREE TO r. s.
DAVIS TO BE SET ASIDE.
WOULD DISRUPT MARRIAGE
WITH MISS VERA sATEsoLE
Davis. divorced 2 Z d From Mrs. s.r"'e.
Rslph Davis, WEEDS Miss Batesels
Within Two Day.-If Davis Divorce
10 Set Aside, Second Marriage Will
Ds in-Prscarious Plight.

Has Renie Stonewall Davis. a boiler
maker. Of this city. been legally di-
vorced from Mrs. Bernice Relph Davis.
Whereabouts not positively known?
Are Mr.. and Mrs. Renie Stonewau
Davis, the latter formerly Miss Vera
NJ. Batesole, Of this city, legally mar
ried?
Judge B. F. Cummings will decide
the question as to the legality of the
divorce granted Davis from Mrs. Ber-
nice Relph Davis. probably soon. When
he does SO he will automatically Ak the
wife OF Davis and Mrs. Vera N. Davis.
his bride Of six days.
The situation produced is a most I'M
usual one. Temporarily, until the
question regarding the divorce is de-
cided, 1t calls into question the legality
Of the Davis Batesole marriage a stu
alton into which these young people
have fallen unwittingly and entirely
innocentily, and that threatens the SER
entity of their married life.
Divorce Question in Court.
Probably entirely without their
Davis divorce, which, II the court rules
against Davis. will smash their honey
moon to bits was up in court Monday
afternoon. The decree Of divorce that
freed Davis from his first wife gave
him permission to remarry at once.
Two days later Rev. r. B. Davidson
married Davis and Miss Batesole.
The point involved was scheduled to
1T
brought up on the instructions OF
Judge Cummings to Davis lawyer J.
NJ. Whitaker, for the latter to show
cause why Davis had ever been in
court" to use the lawyers phrase or
in other words. whether Judge Cum
minks had lawful Jurisdiction when he
granted Davis decree OF divorce Jan.
.. The lawyer appeared and argued the
legality of the proceedings and the
right Of the court to have Jurisdiction.
Judge Cummings asked him to appear
again this afternoon II Whitaker had
anything further to submit. Whitaker
said he would appear. and later said he
was confident the court would not set
the decree aside. Other lawyers who
know the technical point on which the
COURT IS seeking light hold an entirely
Filing Affidavit the Point.
Tho whole question depends on the
time OF fling the affidavit that Mrs.
Relph Davis was nonresident of
Iowa The attention of Judge Cum
mings was called to this point in the
divorce proceedings by Holt G. Tank
ersley. acting In behalf Of Beloit Wis.
attorneys, who. in turn. are presumed
IN he
Davis. This information was carried
to the court Saturday. Judge Cum
mings then notified Whitaker to ap-
pear and present the legal point.
1t should be noted In this connection
that Holt & Tankersley denied any
appearance in court as attorneys for
Mrs Bernice Relph Davis or that they
represented her. for to do so would
have brought the divorced wife into
court, a move they or the BeIoit at
torneys apparently do not want
brought about.
Argues Time Of Filing.
WHAT follows Is memorandum of
the steps taken in the proceedings to
get the divorce, as shown by the court
records Dec. "a. petition for divorce
and copy Med; Dec. "a. affidavit for
pubiica ton Of original notice Of the
suit hled;' Jan. 2. affidavit Of publica-
ton OF the notice filed; Jan. 5, decree
of divorce filed.
What was called to the attention O.
the court was that the affidavit OF the
non-residence in Iowa of Mrs. Bernice
Relph Rayis was not filed in the once
Of the clerk Of courts before the drs,
publication Of the original notice in
the Gilman Dispatch. 4
1t was on this point that Whitaker
was asked to enlighten the court The
lawyer argued verbally from a brief
that the fling Of the notice Of nom
residence before the first publication
Of the notice was not necessary. He
read court decisions that he argued
upheld that theory.
The only opposition interposed was
by ]. NJ. Holt who read from a recent
treatise by Judge Deemer, Of the state
supreme court, that the filing of the
affidavit of non-residence must be the
drSt step taken in such cases.
Say lt's Hold-Up Game.
Whitaker accused Holt & Tankers-
Icy In court Of trying to put over a
hold-up game. Some feeling was
shown in q parry Of words following
! the sDEleI argument De1Or0 Judge Cum.
vnings.
Whitaker had intimated in his arxu-
ment what he thought Of an attorney
who would whisper In the courts ear
information that sought to disrupt his
clients divorce.
Davis is a hard working boy. He
thinks he has been divorced. and con-
tend that he Is" said Whitaker.
Turning to Holt. he demanded. .Is
this, q hold-up game? What do you
want. some money? You're about the
only attorney in the town that would
do thing like this"
Yes. 1t does look like hold up. /"
Holt came back, when you go sneak
ing on down to Gilman to get a notice
Of an application for divorce printed
because you're afraid II printed here
the notice will be seen and read by
some one YOU don't want to see IT..
puta Blame on Davis.
The notice was published in Gil
man" said Whitaker later" to spare
the feelings of Miss Batesole and her
family. Davis was very much in love
He wanted to be married at once. but
Miss Batesole and herlrelatives. wanted
the notice printed whore friends Of the
Batesole family would not be likely to
- II That w. tho reason II was