Norwich bulletin., 1920-01-21
CONTESTED DIVORCE CASE
 BEGINS SUPERIOR COURT

BEGINS SUPERIOR COURT
 Trial of the contested divorce case of Ruby A. Marshall of Mystic, form erly of Norwich, against Walter H. Marshall of Stonington, opened the January additional session of the su-' perier court here Tuesday @
 Because Judge John. w. Banks of NerWalk failed to get here in time to open court in the morning the session did not begin till 2 o'clock in the afternoon.
 Mrs. Marshall, whose maiden name was Nichols. was suing for divorce on the grounds of habitual intoxica- tion and cruelty. The couple was mar ried in 1910. They have two children which the mother asks the custody of. MT. Marshall makes the counter claim that he was deserted by his wife in April, 1919, and that she took the children with. her and has kept them out of his way ever since though he has not tried to find them.
 Attorney Rathbun. counsel for Mrs. Marshall called her to the stand first. She testified to the way her husband had been habitually intoxicated and to the way he had handled her roughly at their home.
 Andrew R.. Jordan, a boss plumber, gave corrohorative testimony and Dr. M. H. seanlon testified to treating MT. Marshall one time for an in jury to Marshal1s arm sustained in a struggle in a saloon when Marshall was intoxicated.
 The witnesses were Neross- examined by Attorney Roche. counsel for MT. Marshall,
 Mrs. Pearl Busch of New London testified to seeing Mir Marshall at the station in 1916 and he was intoxicated. She didn't talk to him much because she did not like the smell of his breath. She had seen him at his home when he was intoxicated and sick from the effects Of liquor. He was not staggering drunk. the wit ness said for he could hold a whole lot without staggerng. She said she had also seen him on the street drunk.
 Fred D. Sisson of Westerly. 'iit- pey driver, said he had known that Walter Marshall had been a bartender for the past six years. In answer to Attorney Rathbun's question, the wit ness said he had carried Marshall home intoxicated in his jitney at times. The liquor could be smelt on him.
 On cross examination the witness said that he had taken Mir. Marshall home at times when he was not in- toxicated.
 Attorney Ratbun. said he rested for the plaintiff and Attorney Roche called the defendant to the stand.
 MT. Marshall, who said he lived at Cogswell street, Stonington testified that he had worked as a painter. al Fishers Island. had taken drink when he wanted it. but had never beer drunk nor lost a minute from his work on account of intoxication. He alse testified to working for another em- nloyer and driving a milk wagon fol Tetnand and Wheeler. He was nev- CT intoxicated on the job and neve, about money. He was also bar 1 tender, but never got intoxicated ol | the job.
 Mir. Marshall said he had called hi wife down for things she had don, | but never raised his hand asainsi l her. nor chnked her. He testified tt calling her down on the 9th of Apri | for going to a boat launching tha he told her he did not want her to gt l to. He told her he Swould knock he block off if he found out she diC anything he didn't want her to, but h. l didn't raise his hand to her.
 He claimed he gave his wife al his pay each week and she told hin she paid the bills but later he foun, out she did not. After she had lief him, he met her once and offered [ l give her money but she refused it o 1 advice of her lawyer. she told him. H did give the boy s2, and said he is will ing yet to make a home for his wifi and children.
 Horace Burdick, a contractor an | real estate man of Westerly, testi 1 fled he had known Mr. Marshall 10 i I5a1 ], sr as a painter in 1919. In that time, MT 1 Marshall had lost two half days iron work He had never seen the maj under influence of drink and wouldn' employ him if he had for the witnes l said he was a sort of temperanc crank and wouldn't let a drinking maj work for him. He considered Marshal an A reliable workman.
 Howard W. Swan of Westerly,
 mason and painter contractor, testi fled that Marshall worked for him O a contract at Fishers Island last yea
 for three months and half Tn
 witness said he never saw any sign
 of liquor on Marshall who lost bu
 one days work in that time and tha
 was from sickness. The witness ha
 known Marshall for five or six year
 and had never seen him under the in huence of liquor in that time. The defendants attorney rested h
 ease and Attorney Rathbun reealle
 Dr. Scanlon to the stand. The doetC testified that Marshall had admitte
 he was intoxicated when the docto
 treated him for the injuries received putting a man out of the saloon. Both sides rested and Judge Banl . called Mrs. Marshall to the stand bt
 fore the attorneys began their argl
 ments. To an inquiry from Jude
 Banks Mrs. Marshall, said that h.
 husband did not give her his who pay each week but gave her $S or and told her he had paid store bill which later she found out he did n, pay.
 The attorneys made the argumen and Judge Banks reserved his deeisic adjeurning court tfIT 10 o'clock tf next morning.
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