The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1921-07-27
OBJECTS TO ARMY
OFFICERS LETTER
IN DIVORCE SUIT
Mrs. Topper Declares Story
She Bit Soldier BIackens
Her Character.

To turn about may be fair play
cording to Mrs. Frances Berkeley
Topper. OF 1875 CORTLAND street
northwest, who is suing and is being
sued for limited divorce, the turning
about must be strictly according TO
procedure in equity cases and not
smack OF anything like a legal faux
pas.
The husband, Charles George Toep-
per. OF 823 Shepherd street north
west. filed suit on June "a last, one
week after his wife had asked for
limited divorce on the grounds OF
cruelty and desertion. He attached
to his petition a letter, dated Janu-
ary 2. 1919, purporting to have been
written to him at the office OF the
chief of ordinance at the War De
partment by an army officer. The
letter is an attack on Mrs. Toepper's
character.
Asks Letter Barred.
In motion filed yesterday in the
District Supreme Court by Attorneys
Archer. Smith and Munter. counsel
for Mrs. Topper, the courts atten-
ton is called to the letter and the
manner in which 1t is introduced by
Toepper. The attorneys characterize
the missive as a legal misfit. and from
the wording OF the motion they assert
that II is an attempt to blacken Mrs.
Toepper's character in a manner not
permitted by equity rules and plead
ing. The letter, the lawyers contend,
Is scandalous in more sense than one.
1t declares that Mrs. Toepper Is ad.
dicted TO strong liquor and intimates
Al u l.. sAI 40 for h -
step-children. The court is asked to
throw out the exhibit.
This letter is signed by an army
officer who rented the home OF the
Toepper's at 1882 Chaplin street north
west after they vacated. The writer,
who expresses wish that he not be
called as a witness, relates an al
legged incident of quarrel between
himself and Mrs. Topper, who had
just then returned from a taxi ride.
The alteration Is described thusly:
After . little wrangle. in which she
bit me and attempted to kick me
downstairs, / decided that II was best
to leave for the evening, rather than
use violence against a woman and
perhaps regret II at later date" The
letter covers about two typewriter
pages and is full of sympathy for the
husband.
Mrs. Topper Protests.
AS sono as Mrs. Topper found that
her husband had included the letter
in his cross-bill. she Immediately pro-
tested to her attorneys, who will put
up vigorous fight TO have IL elimin-
ated on the ground that il is inadmis-
sible.
The Toeppers were married at Rock.
are no children by This marriage.
Soon after their marriage. the wife
asserts, Topper began a systemetic
course of cruelty and manifested IAN
air Of defying GOODNESS and contempt"
for her. This charge was denied by
him.
On January LAST, Mrs. Toepper
claims. her husband deserted her.
taking with him practically all the
household goods, including the blan.
kets and bed coverings. Toepper de
MED this also.
Thereafter, it is claimed. he sent
her SIS month for her support. The
husband is also accused OF disregard.
ing his marriage vows and is alleged
TO have been running with other
women. Toepper answered this
charge by stating that he had never
been seen on the streets with any
woman other than friend of the
family.
In his cross bill Toepper accuses
his wife OF having a fondness for in.
toxicating liquor and declares that
she almost continually acted toward
him in an irritable, provoking, ex.
asperattng. harrassing and vitupera-
tive manner.
Worse than that, he claims, she
made fun OF him ana derided him
when he said his prayers at night -"