The Birmingham age-herald., 1924-02-03
WIDOWS DEGREE
 CALLED INVALID
Candler's Counsel Holds Mrs. De Bouchelle's Residence In
 Reno Was Illegal

T. D e q stt
 ATLANTA, Feb. 2.-( By Associated Press. 1.-The divorce decree which Mrs. Onezima de Bouchelle obtained from Adolph Rocquet of New Orleans, in Reno, New, September 21, 1921, was attacked and defended today before Judge Samuel H. Sibley in the United States district court here inxhe alleged breach of promise suit for $500, 900, by the New Orleans society leader.
 w. D. Thomson, leading counsel for the Atlanta capitalist, contended that the decree was invalid and would not have been recognized either in that state or in Georgia, and that any en- gagement to marry was illegal and of no effect. The legality Of the divorce was defended by Albert Howell, Jr., of leans, of counsel for Mrs. de Bouchelle o'clock Monday morning.
 Mir. Thomson asserted that the New Orleans woman had not established a legal residence in Reno and that the grounds on which she got the divorcS nonsupport---were illegal because Mrs. de Bouchelle had left her husband, Mr.
 
 tained the decree and travelled in Flu rope six months preceding that time. Defense Defends Residence
 Mir, Gamble declared that Mrs. de Bouchelle had established a legal resi- dence in Reno before obtaining the de cree, and that it was in every respect in conformity with the Nevada laws. Under the constitutional provision of full faith and credit" he argued that the decree should be recognised in Georgia. He siad she would present witnesses to show that she planned a divorce before meeting the Atlanta mil Eonaire.
 Attorney Albert Howell of plaintiff . counsel, asked Judge Sibley to incor- porate several points in his charge to the jury, including, Ire said, one that the defense had failed to substantiate, by evidence or stipulation or fact, the basis which MT. Candier gave for break ing his engagement to marry Mrs. de Bouchelle.
 The jury was not present, having been excused Friday afternoon until Monday morning at 10 o'clock. The attorneys will resume their arguments at o'clock Monday, one hour before the jury reassembles. Mrs. de Bouchelle was in the court room throughout the day. Mir. CandIer did not appear. [
 Husband Wanted Her Back
 Mir. Thomson asserted that Mir. Rocquet, Mrs. de Bouchelle's husband, had written her twice during the 12 months that he wanted her back and would do anything if she returned to him. Therefore, we shall contend that 7 while he did not actually support her for 12 months, the manner in which these facts were placed before the Ne vada courts constituted fraud"
 The question at issue in this ac- tion,' Mir. Thomson continued, is, Was Mrs. de Bouchelle really married at the time she became engaged to Mir. Can dler. There is no disputing the evil dence that she was "a New Orleans woman, born and reared in that city, tand that she continued to stay there until December IA, 1920. There is no disputing the evidence that she married Rocquet in 1902 ;sand she is his wife to this good day unless the divorce is a valid one. There is no disputing the { eyidence that she went to Nevada on December 6Sand 1t must be defermined whether she obtained change of d0mi- eile. 1t is undisputed that a person may change his domicile monsentafily If the determination to settle is set in mind. If Mrs. de Bouchelle did not ob- tain such domicile the divorce is illegal.
 Called Her Residence sPretended'
 During his contentious that legal residence can only be established when the. intentions present to make 1t per manent. Attorney Thomson pointed to letter from Mrs. de BoucheIle to Mir. Candler in which she referred to "her pretended residence" and stated she was "a sojourpeK'' in Nevada.
 Attorney Gamble asserted that the question of non-support lis entirely out of it as the Nevada court, in granting 1.-the decree of divorce had passed on that phase" He declared that Mrs. de Bouchelle, being the innocent party in her divorce action, moved s'the matri. monial domicile" of herself and her husband to Nevada, and he quoted legal Authority in support of his contention and also to the effect that the state having matrimonial domicile can render a just and valid decree"
 He 1eeiared that the judgment of the Nevada court should be entitled to full faith and credit anywhere in the coun- try,
 When court reconvenes Monday, Judge Sibley will hear the final argu- ments upon the validity of Mrs. de Bouchelle's divorce decree @
 These arguments, a collateral feature of the trial, are designed by. attorneys to present to Judge Sibiey certain legal phrases of the case, and in no way will affect the regular arguments by counsel, which will follow the completion of re- buttal evidence by both sides.
 Defense To Finish Monday
 Attorney Howell, representing Mrs. de Bouchelle plans to filish his argu, ment when court reconvenes Monday. He will be followed by Attorney Marion Smith of counsel for Mir. Candler. After that the plaintiffs counsel will proceed with the Introduction of addi- tional rebuttal testimony, including other letters written Mrs. de Bouchelle by Mir. Candler. The defense has an- noupced that only 20 minutes will be required for their presentation of sur rebuttal testimony,
 In addition to the letters to he read by Mrs. de Boucheile,s attorneys, the plaintiff proposes to put witnesses on the stand during rebuttRl testimony, according to announcement today. One { will be, they said, New, Orleans law yer, who will testify that seven, years ago Mrs. de Bouchelle came to him and said she wished divorce. This testi- mony, it is stated, will be offered to offset the contention of defense coun-