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"no Cause For Action"

"no Cause For Action" image
Parent Issue
Day
20
Month
October
Year
1899
Copyright
Public Domain
OCR Text

Th o Reicliert case, in wliioh the ■uaintiff, John George Reicliert, sned Toiih G. Foldakmp et al. for aliena:ion of his wife's affections, was started last Friday moniing, and not iiitil yesterday was the trial comaleted. At 10 o'clock Judge Kinne charged the jury in a marnier that made it seem certain of a verdict of "No sause for action. " Even Mr. Lehman, the attorney for the plaintiff, was heard to remark ' ' That charge beats us. " Said Judge Kinne in substance: "If from the evidence, you find that the wife became estranged or alienated from her husband by reason of the misconduct or ill-trcatment of her husband towards her, whether such ill-treatment was real or imaginary on her part, then there is an end of the case, and your verdict should be for the defendants. In order for the ilaintiff to recover the change of feelngs of the wife toward her husabnd must be due to active interference óf ie defendants, or sonie of them, and ïey must have been inspired by maliious or dishonest motives. There is o claim that any of the defendants ave sought to entice away the wife o appropriate her affections to their wn use. If the defendants acted in ood faith and from proper and raionai motives, and if the wife came ;o thém for sjanpathy and protecton nd she went to her relat ives becanse he beleved she was an abused wife, hey did nothing but what the law ustifies. If relatives called to the id of the wife Mr. Zahn and Mr. Veldkamp, and they acted without nalice or iniproper motives, they did ïothing the law forbids. And if the defendats expressed themselevs in severe terms abont the plaintiff or advised unwisely, but honestly, they did nothing but that transgressed the law. There is no evidence of any conspiracy in the case." The jury were out about three hours when they came into court with a verdict of "no cause of action." They stood 1 1 to 1 on the first ballot in favoi of the defendants. Said one of the jurymen to the Argus: "The onlj point on which there was any dispute was whether or not Mrs. Reichert infcenJled to permanent ly leave honieal the very time she went away oi whether she was influenced to remaii away af ter she had lef t. ' '