The sun., 1919-08-10
COURT BIDS COSBYS
KISS AND MAKE UP
Couple Urged to Forget Diff
ferences for Sake Of Two
Crippled Children.

Justice Giegerioh Of the Supreme
Court in decision handed down yester-
day refused to grant the legal separa-
ton which Mrs. Virginia D. Cosby seeks
from Capt. Arthur F. Cosby. former
Rough Rider and chairman of the Fed
eral Training Camp Commission during
the war. He expressed the opinion that
a reconciliation through which the couple
will bear each others burdens may yet
be effected and should be effected on
account of their two small children.
both Of whom are permanent cripples
as a result Of infantiie paralysis attacks.
- Mrs. Cosby, who lives at 104 West
17<th street. alleged during the trial
that Capt Cosby III treated her on sew
efal occasions, at one time grasping her
by the throat and beating her, and that
despite his large income he refused to
give SUFFICIENT money to support her
and the children. Capt Cosby. who Is
the son of the late Admiral Cavill Cosby
of San Francisco and a former Assistant
Corporation Counsel denied these
charges and blamed his marital troubles
on his wife's extravaganza. On this
point Justice Giegerich said:
Every marriage necessarily rests
upon a financial basis. II cannot be n
success II placed under a severe finan-
ciaI strain and II one party wishes to
live within the family means and the
other party to the matrimonial contract
tries to live beyond the means OF the
breadwinner."
During the trial Mrs Cosby was on
tho witness stand for almost two days
and thrilled court room spectators with
the story of the fight she made to save
the lives OF her three children, Violet
Charlotte and Virginia. during the in
fantile paralysis epidemic Charlotte
died and the other children, who are 8
and S years old. have been affected
permanently by the disease. .
She said that while she was making
this fight her husband remained away
from his home and did not attend the
funeral of Charlotte. Shortly after she
instituted the present suit. which was
heard originally by Justice Weeks. He
also held to the belief that a reconcilia-
ton might be brought about and ad-
Journod the trial for year It was re-
opened several months ago. Continuing
In his decision. JuStice Giegerich said:
THE case is a difficult and distressing
one, as 1t Is apparent that the principals
have been unhappy in their marriage
relations for the last five years. II do not
think that Mrs Cosby Is free from re-
sponsibility, and 1 am not convinced
that she Is not chiefly responsible for
this domestic trouble. She was reared
In luxury, and after her fathers death
she was dependent upon her husbands
earnings. There is no i'm made that
Capt. Cosby has not been diligent. but
ii IL alleged that he has been cruel and
parsimonious.
Troubles of this kind usually have
their origin In differences arising as to
expenditures, Capt. Cosby tried to live
within his means, while his wife con.
stantly tried to obtain larger allow
ances. I cannot help feeling that Capt
Cosby is right in his attitude and that
his wife Is wrong"
In her complaint Mrs. Cosby alleged
that her husband had an income Of
about $4,000 a year and owned consid
orable valuable property, including two
houses at Woodmere. L. i. He is the
author of the Code of Ordinances, from
which he receives royalties.