The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-01-22
MRS. ERNEST Wins
Continued from Page One.I

CONTINUED from Page One.I
street valued at about $4,000. stock in
the Antiseptic barber shop valued at
1000. stock in a chemical and drug
company valued at $500, stock in the
Bethesda hospital corporation valued
at $3.50, household goods valued at
$1,000 and $1,000 cash. The $1,000
cash is to be paid in two installments,
$500 in SO days and $500 at the end of
six months time.
To secure the payment of the cash
| judgment DIR. Ernest was ordered by
the court to deposit his life insurance
policies
Evidence Is Reviewed.
Before handing down the decision
today Judge Whitcomb spent nearly
| half hour in reviewing the evidence In
| the case. Evidence shows that the
Ernests were married in 1904" said
the court. Mrs. Ernests petition
which was filed last June charged
| misconduct in a domestic way on me
part of DR.. Ernest. 1t Will not be
necessary for me to go into a detailed
! review of this case as everyone in the
court room is familiar through press
accounts of what the case is about.
Mrs. Ernest charged that her hus
band was too familiar with other
women and Miss Edith Knox seemed
legations of Mrs. Ernest
Judge Whitcomb recalled the state
ment of an attorney in court which
was the threat that the case would be
made as dirty as possible and dryly
limited that the threat had been sRaf-
ried out se Ai
There is. the evidence shows. quite
a difference in the temperament of Mr..
and Mrs. Ernest" continued the court.
''Dr Ernest is free and easy in his
dealings with men and women while
his wife is quite different" The mat
ter of detectives being hired to watch
Miss Knox and DIR. Ernest was also
touched upon.
Not Responsible for Gossip.
THE evidence shows that Mrs.
Ernest did, as it was alleged, talk to
friends and others about her troubles
but the evidence also showed that in
her conversations she nearly always
professed a desire to win back the af-
fectiOns of her husband. Mrs. Ernest
cannot be held responsible for the
gossip that was circulating about her
husband and Miss Knox. 1t was up
to the doctor to stop it and he could
have done 90. This he owed to his
, wife and the girl"
! Judge Whitcomb also pointed out
, that in an affidavit filed several
months ago the doctors income for
the first several months of 1915 was
estimated as being about $4,000 and
that his income for the entire year was
only $1,000.
Judgment will be rendered in favor
of the plaintiff" finished the court.
The plaintiffs petition was filed il
the separate maintenance case las
/ June. In answer to the suit which
I was for $4,000, DR.. Ernest filed an
2 swer asking for a division of the prop.
2 erty. Neither Doctor nor Mrs. Ernes
e asked for divorce during the entire
litigation. In her petition Mrs. Ernes
3 named Miss Edith Knox, formerly {
f trained nurse at Stormont and Mercy
j hospitals az correspondent. Miss Kno,
/ is a Topeka girl.
The Other Woman.
Mrs Ernest alleged that the doctor
i had transferred his affections from
her to the girl and that the doctor
: often took the nurse for joy rides
: Mrs. Ernest also claimed that the
. nurse came to the doctors office to.
9 often. Once, Mrs. Ernest alleged, tn,
q nurse was in the Doctors office wheE
! she entered and objected to the girl
presence. DR.. Ernest, the wife al
I legged, threw her out" On the wit
u ness stand during the trial, which wa
Y sensational. DR.. Ernest denied hi
wife's charges as to the assault upol
her.
r The case was heard during the hoIi
days. Counter charge against coun
ter charge was made by the princi
~ pals. Mrs. Ernest told of the doctor
II alleged attentions to Miss Knox. Dr.
o. Ernest replied with a charge that Mrs
,r Ernest had made threats to kill hin
Ie and Miss Knox Once, the doctor ties
Is titled Mrs Ernest poinyed a gun a
4. him and threatened to shoot. Mrs
n Ernest also testified that she pointe
10 a gun at her husband once but state
l., that it was after Miss Knox had Wis
le tied his office and when she left tn
IS doctor began to taunt the plaintiff
The taunting charges were also de
a MED by the defense DIR. Ernest ais
IF testified that his wife had a way O
IN talking at times-the doctor Gale
2 them sessions" because he said hi
S. wife did most of the talking Sine
e. hearing in the case was complete
Of shortly after Christmas the decisio
IS, has been under AMUSEMENT
Of Captain Clad Hamilton and
st Ward Page were attorneys for Ernes
70 in the case. w. A. S. Bird and Judg
tie z. T. Hazen represented Mrs. Ernes
Affidavits, petitions, answers, reptile.
r. demurrers, motions and other legs
1e documents were poured into tn
lie clerks office from time to time
rs
D. To Preynt the Grip.
IN When vOu feel q cold coming on sion If u