The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-08-12
HE COULDN'T WORK /
But Husband Could Eat and
Sleep Says Wife.
Aunt Ophelia Henderson, DO,
Tried to Get a Divorce.
JUDGE WOULDN'T GRANT IT
Said There Was Not Enough
Reason For a Decree.
He Lives With His Folks and
She With Hers.
JUDGE WOULDN'T GRANT IT

Aunt Ophelia Henderson wanted
divorce. She didn't fall into the Gus
tom and charge her husband with ex-
IRENE cruelty and the other blanket
charges. She didn't claim he was
drunkard nor that he had an ungoV-
ernable temper. And because she fol-
lowed her own ideas as to what was
right and wrong in the matter of tes-
timony she didn't get the divorce.
Mrs Henderson, probably olu
enough to be great grandmother, hao
a lawyer but she insisted upon nan
ding her own case and with the as
sistance of Judge G. H. Whitcomo she
told her story in her own way
Now let's get at the facts in the
case" said Judge Whitcomb a1ter the
torneys. Did Mr.. Henderson desert
your"
well, he's gone" she replied. Il
don't know that you can say he de-
serted me. 1 told him to go"
''Hows that?'
tired supporting him. All he did was
to tinker around in the garden and
after he raised the stuff he wasn't III
to go out and sell it because he would
trust just anybody"
Mr.. and Mrs Henderson were mar
RED IN l9US ana HNeQ IOSClhOl
TWO years ago when, Mrs. HENDERSON
testified, she ordered him to beat it.
Didn't he try to work." asked the
court.
"Oh. I suppose he tries But he
wasn't any good at his trade. He's
carpenter and he's deaf EVery H .tls
he got a job he got fired because the
contractor had to walk around a build
ing to tell him anything"
cit appears to me-" said the judge.
that Mr. Henderson was incapacitated
for work, if that is true"
Was Good Eater.
well, maybe he was said Mrs.
Henderson, but he wasn't incapaci-
tated for eating and sleeping He didn't
bring in a nickel and didn't even do
much around home. 1 just got tired
feeding him and told him to go"
Have you any means2" the court
asked, ANY property"
who lives in Texas supports me and L
supported my husband out of that"
''If your husband couldn't work at
his trade and worked elsewhere when
he could get work it seems to me that
he did the best he could" remarked
the court.
"Oh, 1 reckon he did the best he
could but that was mighty poor"
''If he is gone now and you don't
have to support him why do you want
a divorceE
well, now, listen, 1 don't want to
go to my grave named Henderson. I
want my own Name" said the aged
woman.
where is your husband now?"
asked the court
II suppose he is over at st. Joe liv-
ing with his folks the same as 1 am
living with mine
He Admitted 1t.
Rad Lee, acting as divorce proctor,
had a letter from Mr.. Henderson ex-
planning his side of the matter. And
his side of it agreed in almost every
particular with Mrs. Henderson's side.
They agreed that there was no partic-
ular trouble between the couple and
that he left because Mrs. Henderson
told him to go. He admitted he is
deaf and can't hold a job.
Mrs. Henderson's daughter was
placed on the stand and she verified
her mothers statements, also the
statements made in Henderson's letter
The whole controversy was over wo-
mans supporting a non-producer.
81 don't see,' said Judge Whitcomb
''hoW 1 can grant a decree under the
circumstances. Mrs. Henderson ad-
rnits her husband did not mistreat her
and that he did the best he could
while he was with her. She admits
that he did not desert her voluntarily
The decree was not granted.
We'll, all right remarked the aged
woman when the ruling was an
nounced.
Mrs Henderson lives in Oakland