Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1920-04-10


dat Mrs. Cumming was not entitled
70 any further support. No provis'
len was made in the decree for the
support of the little boy, but the dc
Zee reserved the right to dispose OF
Tie custody of the boy at some time
In the future.
Mrs. Cumming felt in her heart
that this was an unjust decree. She
was an unlettered woman dealing
With shrewd lawyers. She was an
unmarried woman with child She
would have signed any paper to DO
come the Wife Of the father Of her
child, and give her child a name.
Il have told you the great diff.
tculty of getting a lawyer. Under
the Virginia law an appeal must be
granted from the decree of Tower
court within year Of the date of
such decree. or the decree becomes
final and cannot thereafter he ret
aside.
"undcr conditions of great Difficult
=. the lawyer. whom she finally sue
crcded in getting. obtained copy of
the record for presentation to the Su
prcme Court. Her relations for this
purpose raised 800 When the appeal
was allowed the Supreme Court re
caircd Mr.. Cumming to pay the cost
ii printing the record. This appeal
Was granted in February, 1919 and
decision was handed down ON the
18th of March, 1920, the sixth ami
vorsary Of that fated marriage. This
appeal was as to every matter Of con
I tcntion decided in favor of Mrs. Cum
ming. 4.
SUPREME COURT RIGHTED
WRONGS
"The Supreme Court, by unani
nous decision, explained by lumin
Gus opinion Of Judge Sims. declared
~ That 10 man could make the
nonsuDport OF his wife Il condition
of his marriage and that the cruel
contract limiting the obligation OF
Mr.. Cumming to the sum of $3.50, pay
able In SIS weekly installments. was
null and void and contrary to public
olicy and that the Circuit Court of
Elizabeth City County erred. In hold
Ing that such contract was legal and
binding.
(2) That the Circuit Court of
Elizabeth City County erred in hold
'ng that Mrs. Cumming had no inter
est in the estate Of her husband.
90 That the Circuit Court OF
Elizabeth City County erred in re
fusing to grant Mrs. Cumming all.
lnony for the support of herself an,,
her child
(4) That the Circuit Court of Eliz
aleth City County erred IN granting
to S. Gordon Cumming n divorce
from his wife. Mittie Ann Cumming
| necause s. Gordon Cumming and not
els wife, was in the wrong.
\ to) That Mrs. Cumming had tho
r:ght to demand money from her hus
'anu Tor support Of herself and their
child. @"'''
WAS HIS LAWFUL WIFE
lou VIII now bear in mind, gentle
zen OF the jury, and you will carry
tals thought through this whole cast,
that from her marriage in March
1914 until the day Of his death, Mrs
Cumming was tho lawful wife Of :
Gordon Cumming. She had lny,l
ana moral right to be supported by
I'm. She was violating no law when
he asked him for this support and il
"as cruel and brutal thing to jaiI
her when she asked her husband for
bread to put In her baby's mouth.
Inc long wait-more than q wear
from inc granting Of the appeal by
the Supreme Court until the dcc,s
lnn~was a time of great suffering
for Mrs. Cumming. The public mo,
knowing the facts, only knew that
the circuit court had given Mr.. Cum
ming divorce and refused to re-
Qulre MIN to support her. People nat
orally jumped to the conclusion thar
a1 judge would do such a thin. nm
lees there was some misconduct an
her part: False stories had been Cir
iuiated by Mr.. Cumming and some
o. his friends concerning her charac
ter.
ASK BREAD AND GOT JAIL
On one occasion when she had gone
t" Mr.. Cummings Office to ask her
husband for some money to buy food
with, he ordered the Mayor of Hamp
ton, Tom Strother, to take her to
take her to jail. Mr.. Strother took
her to his Office and prepared a war
rant While there, Mr.. Strother said
to Mrs. Cumming: "Why don't you
stop asking Mr.. Cumming for money
ard got money from the man thar
Keeps your Mrs. Cumming replied:
III had pistol I would shoot you
itro that" Whereupon his honor jail
oc her for three days and they tore
from her tho boy who was clinging
% her skirts and sent him away.
II seems to me that this woman
was kept in the position of q fright
ened and hunted animal. She had
that look In her eyes when I first
her Sha hoe