The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1919-06-30
Judge Carver Throws Here
Divorce Case Out of Court.
Husband Admitted Mrs. Here
Put Arms Around His Neck.
CONDONEMENT CHARGE STICKS
Many Witnesses From Other
States in Court Room.
Wife Excited When Husband
Was ON Witness Stand.

|
Judge Robert D. Carver in the first
division of the district court today
threw the sensational Here divorce
case out of court. upholding the con-
tention of the pretty Mrs. Olive Here
| that an act of condonment had been
( committed on June 4. Hundreds of
dollars have been spent in preparation
for the trial. Witnesses from Mime
sofa, California and Oklahoma were
| in the court room and many deposi-
| tions were ready for presentation by
both sides should the case go to trial.
This charge by Mrs. Here was
| new phase to the case, one known to
neither attorney until saturday 1t
was merely a matter of taking either
| the word of the wife or that of G. F.
Here, the husband. and Judge Gar
yer put his faith in the wife. Here
| admitted he had called upon his wife
at 1905 Kansas avenue on the night OF
June 4; he admitted they had been
alone and had partially agreed upon
reconciliation and a dismissal of the
case; he admitted his wife's arms were
| around his neck but he denied the act
Of condonment. The wife told much
the same story with the condonment
charge tossed in.
Judge Believed wife.
There is no doubt in my mind that
with the husband in the wife's arms
and a reconciliation looked upon as
almost certain at that time that the
act of condonment did occur" said
| Judge Carver.
To further establish the fact that
reconciliation was under considera-
ton Mrs. Here introduced an agree
ment prepared by her attorney in
which Here would have announced
hotel and Fifth avenue hotel incidents.
in which he charged that rumors and
the ever-present gossips created sus-
| picion in his mind and in which he
acknowledged a great injustice had
been done to his wife by filing the
| charges against her.
Here admitted such an agreement
had been presented to him with the
request that he sign it after he had
consulted his attorney, e. d. NC
Keever. McKeever asked that he be
placed on the stated.
Attorney on tho Stand.
"That paper was presented to me
by Heere," said McKeever. az told
him IL they wanted to effect a recon-
ciliation L was for it because of their
pretty child. But 1 told him that
signing such a paper would stultify
him and stultify myself. as an attor-
ney. . 1t was virtually admitting we
me in the light of an attorney who
winked at such proceedings. 1 entered
into this case in good faith, obtained
all this testimony in good faith and
told Here that If he signed such
paper 1 would file a protest against
such a proceeding"
Thrills marked the entire morning
in the trial. AS the husband denied
the part of the story that would con-
done all prior charges filed by his
, wife, Mrs. Here drew deep audible
. breaths as did her sister. Mrs. Fred
A. Dean. of Minneapolis, and her
aunt, Mrs. Nell Boasen, Of Guthrie,
,, Okla, who sat by her side.
why. Conrad Here. she ex-
claimed several times while Here was
: testifying. It was necessary for James
A. Troutman, her attorney, to turn
around and quiet the apparently in
dignant wife, who sat in the court
: room with her pretty 5-year-old baby
in her lap.
; Mrs. Here testified that her hus-
! band expressed fear of losing his posi-
ton if a reconciliation were brought
! about. Here is employed at the Cros-
: by Brothers store and Alfred Fasig,
. former phonograph salesman at the
, store, was named by Here as one of
the correspondents. Mrs. Here also
testified that Earl williams. another
employe at the store. had influenced
! Here in prosecuting the case.
'I hate you,' she told McKeever
:, during her testimony.
! Aunt on Witness Stand
{, Mrs. Nell Boasen, an aunt from
2 Guthrie, Okla, who is good looking
brunette. well dressed and snappy In
her replies. testified to being in the
house on the night of June and her
testimony tended to strengthen the
story of the wife concerning what oc-
r CURED there that night. f. D. Nc
Keever, attorney for Mr.. Here
to Mrs. Heere urging her to visit her
t at Guthrie and go to the dances there
1 isn't 1t fact that you and Mrs
L Here plotted to get Here into the
house on the night of June 4 and gel
Y him in this fix?" asked McKeever.
1T certainly is not" she snapped
i back
A sister of the wife. Mrs Fred Dean
1 of Minneapolis, also testified to the
/ existence of the agreement in which
. Here would have called it all lie
, had he signed it. She denied emphat-
. ically her knowledge of any plot tc
, coax Here into an act of condonment
. Then, too. Mrs Here had an aunt
Mrs. Alma D. Poccard, of California
in the court room ready to testify
should the trial continue.
Here testified that It had been In
| timated that rich relatives OF Mrs
S Here. and all those present looked
prosperous and well dressed, had
lagreed to settle all costs and. in addi.
: tion. he intin1ated they were ever
d willing to go further if the case woulc
: be dropped. The Here family for.
e merly lived at 1913 Polk street.
o TORCH TO UNION JACKS