The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1917-08-03
CONSUMPTION ACT
LEADS TO DIVORCE
Mrs. Swinney Of Allenville Says
CONSUMPTION Estranged
Husband.

discussion of the CONSUMPTION bill and
intimately leading to a fistic en-
counter was the grounds on which
Mrs. Nancy Swinney of Allenville
sought to obtain a divorce from her
husband, Samuel Franklin Swinney,
before Judge Snder in the Common
Pleas Court yesterday afternoon. The
Judge was so confused over the argu-
ments offered by the plaintiff and the
defendant that he announced he would
render his decision in the case Monday
morning.
Mrs. Nancy and her husband told
the court both were married the sec
ond time, and each had handled his
financial affairs separately. An effort
| made by her husband, the plaintiff tes-
titled, to conceal from her real es-
tate transaction he had authorized to
contract for her, had laid the ground
| t othe breach between them, which
gradually grew wider and ultimately
wound up in the argument over the
CONSUMPTION bill and the subsequent
fight, during which she was choked
and mistreated by her husband, the
plaintiff testified.
Mrs. Swinney, when cross-examined
by A. NJ. Spreading, attorney for the
defendant, admitted that she had de-
Tended herself against the alleged at
tack made by her husband and that
she kicked him with her old "soft'
slipper. She also conceded that she
had thrown a bucket at her husband
after he had released her. When
questioned by her husbands attorney,
she said it was a paper bucket.
Justice of the Peace Noah Young
of Allenville was called upon the stand
to testify as to the allegations made
by Mrs. Swinney, when she asked that
a warrant be issued against her hus-
band for the attack she said her hus-
band had made upon her. He related
the incident in the same way as did
Mrs. Swinney, when asked by Attor-
ney Spradling.
Many persons from Allenville, who
knew tn ecouple, were present at the
trial and were often forced to a wild
laughter by the questions asked by
Attorney Spradling and Judge Ed
ward Hays, attorney for Mrs. Swim
ney. Mrs. Swinney, who had the ap-
ipearance of hard-working, hustling
woman, answered all questions with
out hesitation, and when asked re-
peatedly by Attorney Spradling
whether she had kicked her husband,
replied in an indignant way that she
had already admitted that several
times, and would not make any effort
to conceal this fact.
Every business transaction the cou-
pie had during their 10 months of
married life was aired in court by
the questions of the attorneys. Mrs.
Swinney let it be known that she and
her husband had conducted their bust
ness separately and claimed that she
had financed every proposition her
husband made since they were mar
ried. He used her teams, she said, to
cultivate the land he had rented for
himself, and received no pay for the
animals work. She also paid for the
construction of a house in Allenville,
which her husband denied.
The defendant himself. when called
upon the witness stand, said he had
treated his wife like lady and had
helped her in every way he could, he
even sacrificed his time to assist her
in the field work and help erect the
house in Allenville. He denied that
he had attempted to choke her or had
made any threats against her life on
the day they quarreled over the con-
scription act. He said his wife kicked
him several times and struck him on
the shoulder witha water bucket. He
merely held her hands, he testified to
thwart off a renewed attack.
Walter Jones, building contractor.
now living in Fornfelt, one of the wit
nesses for Swinney testified that he
| had seen the defendant under the in
fiuence of liquor several times while
working around tn house, and that the
couple quarreled on several occasions
while he was boarding at the house
during the time he built the home in
Allenville.
After hearing the testimony in the
case, Judge Snider announced he
would defer his decision to next Mon
day.
4