South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-12-06
LOSES ONE WIFE.
REGAINS ANOTHER
Judge Montgomery Sets Aside
Divorce Decree Issued
July 7, 1917.

Charles a. Clay had one wife on
Friday morning Friday afternoon
he lost that one but reEained a for
mer wife when Judge Montgomery.
in superior court. set aside a decree
Of divorce issued july q, 1917.
Blanche NJ CLAY the first wife.
filed n petition 10 set aside the
Judgment and reopen the case last
October. but only the past few DAYS
has il been given a hearing IN court
Investigation proved that several
instances OF Clay's first divorce
were not Just what they should be
he stated in his petition that he did
not know Of his wifes whereabouts
and that he had no children. His
wife charges that she has been liv-
Ing all the time in Harrisburg. Pa
and that she was given no notice or
the divorce until she came 10 South
Bend this fall and that he has two
children.
Bertha NJ Staretta, the "disinter-
estcd party" who filed an affidavit
in Clay's divorce proceedings that
she knew Clay's wife and knew that
Of Indiana, married Clay just i
DAYS after the decree was issued.
Notwithstanding the order OF the
court that Clay was not 20 re-marry
for a period of two years.
Requirements OF Law.
The law requires that man
bring two jurisdictionaI witnesses
into cour; that are householders and
freeholders and have known the pc
titoner for a period OF two years
prior 90 the filing Of the divorce
proceedings. The two witnesses
that appeared for Clay stated under
cross exa nnination that neither OF
them had known him for that length
OF time. One OF them finally admit
ted that ne did not know what the
word freebooter" did mean. He
stated he thought il had the mean
ing Of any one that was free. He
said he did not own any property
in his own name and that ne was
not living with his wife NJ the time
the divorce was tried. The other
witness stated he was the head of a
household but that he owned no
property In his own name.
Mrs. Clay, on the witness stand,
told Of an occasion ia Pennsylvania
when she had Clay arrested for non
support OF his two children. She
stated as soon as he was released he
left for parts unknown and il was
not untE about a year ago that he
returned and promised 20 reform.
This was after the time he had pro
cured a divorce and she stated he
lived with her for two weeks at
that time. not telling her that they
were not man and wife
No Interest I'm Clay.
Mrs Clay, No, .. upon the stand,
stated she had no interest in Clay
until after divorce proceedings. Sha
admitted that ne roomed at her
house on South Michigan st. When
asked If Clay had not kept company
with her she said NO lust ask
ed you 10 marry him and you said
Eyes" she was questioned, and she
said. Yes"
Frank Batson. court reporter,
was sworn and asked 90 read the
evidence of the first divorce. CLAW
had stated on the stand at that
time that his wife had left him with
out cause, II think she left with \
fireman on the same road on which
/ was braking, ne said
Clay is now facing "a criminal
charge Of child deseruon. This ac-
ton was brought against him and
he was fined $3.50 and 80 days in
the county Jail. in the city court
An appeal 10 the superior court was
Immediately taken,
George Kurtz the attorney who
! secured the first divorce for clay
and who was his attorney I'm this
action, was asked what the next
move would be- "I am not az lib-
erty TO state what % u.s." said Afr.
Eurtz, "out have t. already
planned"