Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1919-07-03
COURT REFUSES
ANNULMENT OF
DMYER MARRIAGE
Judge Troup RoundIy Scores
Man Who Attempted to
Show His Wife Had
Negro Blood.

District Judge Troup, yesterday
refused to annul the marriage
of Francis Dwyer and Clara Dwyer.
He denounced the effort of Mr..
Dryer to secure an annulment and
declared he ought to be ashamed to
bring shame upon his wife and his
child.
The Judge also denounced the
doctor who attended Mrs. Dwyer
when the child was born and who
took Mr.. Dwyer aside and asked
him whether he had any negro
blood.
1T was = reprehensible and cruel
thing for that doctor to do" he de-
clared in a voice that shook with
emotion, Think of taking this hus-
band aside and asking him such a
question and sowing the seeds of un-
happiness and discord in a little
family which up to that time had
lived in supreme happiness and love
and contentment. What difference
did it make to that doctor if the
child had been as black as the ace
of spades. I must refrain from
further comment upon the conduct
OF this doctor lest I say something
unbecoming the dignity of this
court"
Judge Reviews Evidence.
Judge Troup reviewed the evil
dence and the appearance of the
witness. = a. ~ :. : ~
mrs. Dryer was here on the wit
ness stand" he said, "and from cas-
ual observation she did not appear
to me to have one bit Of negro blood
in her veins.
This little child of this union was
in the court room. In all the IS
years of my experience in this court,
there has never been in the court
room a more beautiful and attrac-
tive child than this little one, whose
whole future the father would now
propose to blast by this action"
The judge also scored the state
ment of Mr.. Dwyer that he had not
seen his wife's father before their
marriage. NJ s..~& ~.
The evidence of Mr.. McCarry
himself was that he had seen Mr..
Dryer frequently. - - via.
John O. Yeiser, attorney for Mr..
Dryer, said he would appeal the
case to the supreme court. lax.
Francis Dwyer alleged in his pc
tition to have his marriage to Clara
McCarry -Dwyer annullcd that
negro blood flows in, the veins of
his wife, but that he did not know
this until their. baby was born.
He testified on the witness stand
at the trial that they were married
in the Catholic church in 1916 after
a courtship of a,year, during which
time. he said, he did not see his
Yife's father. r., - !. s~sa4
When the baby was born, he said
the doctor told him it had colored
blood. He said he left her then and
she moved from the apartment
where they were living to the home
of her parents, 3217 Ohio street.
Enters the Army.
He entered the army. He filed
his suit for annulment after his
discharge. He is now employed by
his brother-in-law, T. A. Walsh,
jewelry and leather goods, World
Herald building.
Mrs. Dwyer filed a cross-petition
in district court Tuesday in which
she asks an absolute divorce with
custody of the child and alimony
from her husband.
AT the first hearing of the case
last Thursday, Mr.. McCarry was
absent, although he had been sum-
moned. A postponement was taken
until Tuesday, at which time he
was in court and spectators were of
! the unanimous opinion that he
looked like = man Of unmistakable
negro ancestry, though his color is
quite light.
Mr.. McCarry proved, however, to
be 1 man Of education and attain
ments, with ancestors who were
people q position. His father was
postmas ter of Natchez, Miss, for
four years, and sheriff of that county
for 10 years. His fathers father,
he said, was a "red-headed Irish
man." His maternal grandmother
was a schoolteacher in Massachu-
sets. a. Z, ~
Was Cashier of Bank. .
Mr.. McCarry was, for a number
Of years, cashier of the Capital &
Savings bank, Washington, D. c., an
institution operated by and for col
ored people.
Mr.. ~McCarry's testimony was d.
rectly opposed to his son-in-law's
in regard to their having seen each