The Oregon statesman. (Salem, Or.) 1916-1980, July 31, 1921, Page 8, Image 8

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W P" ' 4
Celebrated Hawley " Case
. Fipm Oregon City Re
versed. by Judge Brown'
Points of Disagreement With
Uower Tribunal Pointed
To In Opinion
Neither Wlllard Hawley, Jr.,
of cjregon City nor his"pretty, vl
TaciioHs wl o I j allowed a divorce.
The cupreme court yaaterday.
in an opinion by Justice George
M. Brown reversed Judge George
It. Itagley of the lower -court tor
Clackamas county and dismissed
onejot the most celebrated cases
la the annals of the Oregon
courts. It was a suit in which
Marjorie Hawley, the wife, first
brought action, making general
charge of cruel ad Inhuman
treatment, with many speciri?
charges of salacious nature. In
his janawsr, Wlllard Hawley, son
of a wealthy paper manufacturer,
filed a counter complaint, also
with general charges of cruel and
n nnnr
uiuunuL m
Sunburned Nose
- - . Ue plenty of cooling
Heals fantlr.cjuickl and antUepticaHy
we are accommodating those who were unable
td purchase their needs on Saturday on account
of the tremendous crowds, by permitting all
" W? V '. 1 f r" . " "'.'.."..'- . " i . ' -v, - i
, , -,,' i .". '. f i ";".. ;"' T . ' ' ' , : . I
prices quoted on Friday to be good on Monday
' ' . . '( . . . . h ".'
. as long as stock lasts
j . . ' i
Notice On account
Shop With
The Crowds
i Salem's Greatest Women's Apparel Store Third, Annual
A Sale that carries with it convincing proof that this is tne center of greatest values in
fashionable apparel. Not another store in Oregon can offer garments of the cleverest
style and equal quality at similar prices. You'll find this a marvelous opportunity to
secure stylish, tailor-made and novelty Suits, Coats, Jersey Jackets, Sport Skirts, Wash
Skirts, Waists, Blouses, Hats and Khaki, Outfitting Garments, at one-third to one-half
below regular values. We are determined to make a clean sweep of the balance of this
season's merchandise, to make room for fall and winter apparel already purchased.
fttlMMiMUUwatBink'a4 'sIflaryifiSO'aBd' caatlnued u&UX
accuaations of groaa misrouJuct-
The lower court awarded ' the di
vorca to the husband and gar
him custody of their young daugh
ter, i he wire appealed.
TiKtittiony Sot JuoldI
"W-a believe that ths public
welfare does not require that the
testimony heard in this ill-fattd
su'.t should Le preserved In our
reports, hence we have re' rained
irom quoting therefrom," says Brown's opinion.
i ne original complaint was
tiled November 21, 1919, ana on
December 30 the detendant filed
hia answer, containing a denial of
all of the wife's rhargeB and h'a
cross complaint. On February 4,
1920 Mrs. Hawley filed an
emended complaint containing ad
ditional charr.ea of cruelty, includ
ing that of conduct toward her in
an unnatural and criminal man
These charges were' "seized up
on by the husband as further
ground for divorce -and embodied
by him n i supplemental eross--omrlaint.
rhargiim that the ac
cusations were "entirely false,
and malic'.ously made by the
plaintiff with knowledge of their
falsity and with intent to degrade
defendant in the estimation of
the public and persons present at
said trial."
Also the supplemental cro3s
complaint averred that while tes
tifying as a witness in open court
the. plaintiff falsely and malicious
ly accused the defendant of of
fending against morality end de
cency. Based on stipulation th-3
tr'.al Judge entered an order that
the allegations contained in the
defendant's supplemental cross
complaint be considered as de
nied. The hearing was begun Febrtt-
of the new ordinance we have
and fruits inside
Salezn's Greatest
I J wCL Umi' ""T." . (Old White
t c v.
and including February 27, 1920
Fifty-one witnesses testified and
numerous exhibits were ottered.
Judge liagley on March 12, 192J.
decreed that the husband should
have a divorce and the custody of
bva Adel-3 Hawley, the on!y
Mrs. Haw!ey'3 maiden nam"
wai Marjcri.) fruk.r. The youn
poujjIc. were married at Trinitv
church. Portland. March 11, 1 91 .
in the presence of their immediate
famiMes. The groom was 2
years old and the bride only a
month past IK. He was the son
of a wealthy paper maker. She
was the daughter of Mr. and Mrs.
H. A. Fraker, residents of Oregon
City. Mr. Fraker was a traveling
salesman. Mr. and Mrs. Hawley.
Sr., originally were opposed to
fthe marriage, but finally ac
Girl Social Favorite
Testimony tended to show that
a tho time of their marriage the
plaintiff was a popular, vivacious
girl, of pure character, with a
pleasant and sociable disposition,
that the young people of her set
were among the best In Oregon
City and very fond of her. Young
Hawley was cretiited with indus
try and business ability inheritel
'rora both bis fal'aer and mother.
Following the marriage they were
inseparable companions and ap
parently happy, Little Eva Adele
arrived October 30, 1917.
Unhappiness Develops
Mr. and Mrs. Hawley lived to
gether nearly four years, but at
last domestic Infelicity developed
and on many occasions, it is said,
Hawley requested his wife to
leave and give him his freedom.
But after each outbreak of trou
ble both forgave and promised to
forget. . The climax came in No
vember. 1919. when a dl'ficultr
arose that led to the original di
vorce complaint a few days lat
er. Then, to quote Justice Brown,
-Defendant denied and counter
charged. There was crimination
and jrecrimlnatlon by both, parties
Each forgot the vow to love and
cherish. Each forgot the varus
of a good name. Dutv to the in-
all our vegetables
there's a
k Good Reason
Corner Building)
Women's Apparel Store
f&at daughter was disregarded. A
mutual contest of defamation fol
lowed. Hm-w Held , Unequitable
"At the conclusion of the trial,
the court held that the plaintifr
had condoned the acts complain
ed of. &.nd that she had failed to
establish such charges by a pre
ponderance of the evidenco.
Moreover, because o' the plain
tiff's failure to establish one par
ticular charge against the defend
ant, tbs defendant was granted a
divorce and the custody of the
i hild. and Marjorie Hawley at the
ak of 22. was by decree of the
lower court, divested of all inter
est in the property of Wlllard
Hawley. turned out into the worlj
penniless, and deprived of the
comfort of the little tild that
she had went down inttf the vai
!ey of the shadow of dath' to mo
ther. Is that decree equitabier
Marriage Protected
"The contract of marriage en
tered into between WUlard Haw
ley and Marjorie Hawley cannot
be cancelled at the will of either
or both of them. The sovereign
f'ate of Oresoa has an interest in
that contract. It is the policy of
the state not to destroy, but to
preserve, the status of marriage
The commonwealth of the state of
Oregon regards marriage as a
right and divorce as wrong, ex
cent for certain designated rea
sons established in court by clear
and satisfactory proof."
Several cases are cited In sup
port of this assertion.
Divorce RUCltt Not KMaMished
"In their acts of crimination
and recrimination," continues
Justice Brown, "the parties hereto
have overlooked the prlnclpU
that a divorce is a remedv for th
innocent against the guilty, aud
not a relief for wrong against
Again the opinion holds that
"It was the duty of the plaintiff
to prove the averments of cruelty
alleged in her complaint, by clear
and satisfactory, evidence, before
she would, under any condition,
be entitled to a j decree of di
vorce."' " i ' I
Krror In Decree Cited
Referring to paragraph 20 of
he amended complaint, a pas
sage frequently alluded, to in tne
nnlninn and which Contained a
.particularly revolting crime
against morality,. Justice Brown
concedes that th-j lower court very
properly held that the charge was
not established in the trial. But
he adds:
"It is maintained that the plain"
tiff's accusation and her failure
to establish the same entitled the
defendant to a . divorce. In . this
we cannot agree. The mere falT
ure of the plaintiff to prove the
truth of hsr assertion does not
establish the alegation of the cross
complaint. -In our statement we
have referred to the fact that the
defendant filed a cross-complaint
and sought affirmative relief,
based upon the allegations con
tained in paragraph 20 of plain
tiff's amended complaint and on
plaintiff's testimony. The defen
dant must establish that alega
tion in his cross-complaint by the
same degree of proof required ot
the plaintiff. In other words, be
fore he is entitled to a divorce,
he must establish to the satisfac
tion of the court by a clear pre
ponderance of the evidence that
the alleged charge of cruelty was
false and made maliciously and
without probable cause."
The Oregon code is quoted in
support of this stand.
' In conclusion the opinion says:
Reverse Order Mode
"The record in this case does
not authorize a court of equity to
annul the marriage contract exist
ing between the parties hereto.
We have riewed al the exhibits
and read with much care the en
tire record. We believe that the
public welfare does not require
that the testimony heard In. this
Ill-fated suit should be preserved
in our reports, hence we navo
refrained from quoting therefrom.
"The decree entered by the
lower court should be reversed
and the uit dismissed, aad-it U
so oreJere. Plaintiff shall nreovt-r
her costs and disbursements on
appeal and In thie- circuit court.'"
Chif Jnst'e Burnett and Jus
tices Bean and Johns concur in
me opin'on. i
Other Opinion!
Other opinions were handed
down as follows: i
State ex rel J. C. Bayer, trustee,
plaintiff, vs. George R. Funk as
auditor of the city of Portland;
original proceedings in mandamus
to compel the dejendant by force
of writ of mandamus to issue to
issue to realtof city warant
for $36,702.84 pufcuant to two or
dinances authorising issuance of
v.-a ran. Opirlon by Justice Haris.
Demurrer overruled.
Denny and corapany. appellants
vs. George Wolfjf appeal rroin
Jackson county aeging breach of
contract. ODinioif by Justice Har
ris. Judge F. M. Calkins reversed
and case remanded.
William Xeilsojn appellant vs.
Roscoe Cj N?lsoa et al; appeal
from Multnomah!! county; involv
ing validity of judgments. Opin
fon hy Jnt4ce McBride. Judge
Robert G. Morrow affirmed.
Vivian . Hornscauch, minor, by
ad litem, vs. Southern Pacific
Rose M, Hornschch her guardian
Company, et al; appeal from Mult
nomah county. Opinion suit to re
cover damages arising, out of acci
dent; opinion by! Justice Johns.
Judge John McCojurt affirmed.
Montague O'Reilly cocmpany vs
Town of Milwaukee appellant; ap
peal from Clackamas county; sub
mitted on rehearing; rormer opin
ion sustained. M
Alex Davenport et al, appel
lants, vs. The Justice court for
the county of Crojok district num
ber one; appeal from Crook coun
tv motion to dismiss allowed con
ditionally in ppinijon by Chief Jus
tice Burnett.! .
R. B. Allen etjal appellant vs.
IL C. Levans, jHarney county
Judge et al;appehl from Harney
county; on petition for rehearing
former opinion sustained in opin
ion by Chief Justice Burnett.
Man Haying I n poVtant Part
In Agee Tiial Known
In Marioij Coonty
Stayton. Ore., inly 30. Joseph
II. Klecker who Is playing an ex
tremely important part in the
Agee murder trial in Portland, is
a former Stayton jboy. most of the
early years of hid life having been
spent here with ftiis parents, Mr.
and Mrs. Bernard Klecker.
) Stayton friends of the young
man are taking great interest in
the case. j
Stayton, Ore., July 30. As a
reward for dilligence in publish
ing the Stayton lail so long and
faithfully the stjork left a nica
baby girl at theihome of Editor
C. S. Clarke and Jwife on July 28.
The little miss weighed eight and
one-half pounds. and has been
given the name 0f Frances Eliza.
Brumberg's Eye Removed
Recently in Operation
WOODBURN", ;Or.. July 30.
(Special to The Statesman) H.
H. Brumberg hai returned to his
(home here after lindergotng af se
rious operation at the Salem Dea
coness hospital during the past
week. Due to a grave optical con-
Jdition, Mr. Brumberg had one of
his eyes removed.
Saturday marked the end of the
season at the Holverson loganber
ry yards. The crop has been very
good, the yield being about four
tons jto the acre; J A return of $40
per ton is reported from this yard,
allowing $30 thei ton for picking,
even this price allows the owner
a fair profit. All yards in this vi
cinity are reported to be making
about the same turnover. The
Graves cannery is running double
time in a successful efort to pro
tect the farmers by taking care of
the crop.
E. N. Darstad and J. R, Kettle
son left Wednesday for Edmore.
North Dakota, where they will su
pervise the work of harvesting
crops from their properties In that
state. They expect to be absent
from Woodburn .for about three
Mr. and Mrs. Kewt Staunton;
Mr. and Mrs. Ivan Byers and son
and Saul St rubor imotored up the
Columbia highway last week
Hjirilng the night at Hood River
before returning Thursday.
Protestants of Europe Inter
ested in Recently-Made
GENEVA, July 14. Leaders
of the, Protestant church through
out Europe are showing lively in
Urest in the announcement that
the burial place of John Calvin,
the Swiss divine and reformer, has
been revealed after having been
unknown for 357 years.
Calvin died in 1564 and was
buried somewhere in the Plain
Palais cemetery here but no
stone has marked the spot. Ac
cording to tb.3 legend, he was bur
ied secretly from fear that his
grave would; be desecrated.
Knowledge of the location of
the gra,ve is said to have been held
by one famly for more than and
a half centuries. The secret Is
said to have been handed down
from father to son tor all these
Disclosure at this time fs ac
counted for by the statement that
the last holder of the secret, Eu-
Picture is Drawn of Dire
Conditions Prevailing in
South Russia
Deaths by Shooting and Ac
cident Run Into Hundreds
, Every Month
RiqA. Latvia. June 20. The
chaotic conditions and daily tra
gedies that followed upon resump
tion of free trade in South Rus
sia are described graphically by
a writer for the Moscow Isvestia,
who has just made a trip through
the- Ukraine.
The peasants, he says, carrying
sacks of grain or other food to
the cities are literally overwhelm
ing the railways. He thus de
scribes the appearance of oha of
th ? trains coming into Kiev.
Train Hidden by Humanity
"Along the tracks is crawling a
huge grey caterpillar a train co
vered all over with the grey mas
ses of food-carriers. From be
neath these masses neither cars
nor locomotives can be disting
uished. The grey mass covers
everything, the car roofs, the
steps and even the spaces between
the cars. Every available nook
is occupied. Everything la filled
up. Only when the train .begins
to slow down, nearing Kiev sta
tion, it begins to shed its grey
fleece. Little by little, while yet
in motion, the locomotive and car I
roof 8 begin to uncover.
"At Kiev all out-bound trains
are literally pasted all over with
people. On the locomotive cars,
firewood truck, water tank and
under the cars anywhere that it
is only possible people fasten
themselves to every hook, nail
or crevice. Those who have been
fortunate enough to get a place
on a brake platform are looked
upon as favorites of fortune, who
are comfortable for their whole
Shooting Ls Frequent
"The departure of every train
is accompanied by lamentations,
wails, crying, shooting and all
kinds of accidents. When the
train Is beginning to get in motion
those who were not able to board
it and those who have been forc
ibly removed from it. start mad
rushes for it again. The military
detachments, twhose duty it is to
maintain order during the board
ing of trains, run after the trains,
pulling down some of the surplus
passengers who have managed to
fasten, on to them, while from
others caps are, pulled off and -so
"One of the results of this
state of affairs is that porters take
50,000 to 75,000 of rubles for a
'guaranteed' place on the train.
Hundreds Die Accidentally
"Another result is that the
Kiev railway shops have to make
about 300 coffins for food-carriers
who hav been run over by
the trains."
M. Dzerzhinsky, head of the
"Cheka," 'or committee to combat
counter-revolution, known as one
of the most efficient men in Soviet
Russia, has been appointed by
Lenine as commissary of railways
to regulate this traffic ot food
carriers. gene de Speyr, has no descendant
and, being 71 years old, decided to
reveal the site of the grave to the
Council of the Protestant church
in Uvneva.
Read The Classified Ads,
Our stocks of Silks
Chiffon Taffetas, 36
Satin Messalines, 36
uuchess Jsatm, 36 inches wide -
Crepe De Chines, 40
Georgette Crepe, 40
Silk Poplins, 36 inches
Lingerie Satin, 36 inches widcL.
Lingerie Satin, 40 inches widel.
Imported Silk Pongee,
Thei Witll Dressed Woman
- 5"Uur ia Faraawiuat Plrtarra.
Cross mi heart, honest Injun, hop
tf die aud sny other solemn oaths
y u may ieaiiud in proof. "I really
'id cee it la a -.scleslve shop, and.
vh:ii i much worse, I bought and
biouLt it away villi me ou th spot.
or fear something sfcould happen to
oniivo me of it. .
It was, not altogether that I expect
lock so ravish tee in it, though It
Woodmen of the World
Picnic at Fairgrounds
Salem Camp, W. O. W. and Sil
ver Bell Circle N. 0. ;V, enjoyed
their annual picnic yesterday at
the state fair grounds. A . very
enjoyable time is reoorted. Two
hundred and fifty Ibllv nlcnicers
partook of the bounteous repast
served on long tables beneath the
spreading' oaks. Various names
and amusements furnished the di
version. George Winchell and E.
Quality,1 Economy and; I
I,,..,, $
- v ' Sir
New Silks
are now at their best New
give . service and satisfaction
inches, wide in all the wanted
inches wide in all the wanted shade$ JJ 9& yard
IncheV wMe.
extra quaHly. ..
Prices Always The Lowest '"
V Commercial and Court Streets
s becoming, nor that it Is so smart
n fact. I think it Is much more sUrl'
li "id mM than smart.
X don't believe you will ever
hy 1 did buy it like a baby grabblr?
or sweets, anyway, though grand.
r&sim would have known Instantly
Fhe ws nearer the generation thai,
Relieved In small waists, small app.
ites and lily complexions than w
ire. She wore a sunbonnet and a
roil besides and probably carried a
arasot, toot-; - ' ". t', " y
Now, of course, you know. It ls a
ovely lavender and - bine organdu ,
unbonneL Lovely enough In textari
md color, but unmistakably a sua
Knnet : ' .. j:
After seasons and seasons of thlnk
ng it ultra smart to go haUess, or to'
le about the beach, or play out ot
loor sports without adequate fac :
protection., we are at last coming to
ior senses.- :.. . ... , .
We may still think it Quite all right
i o look as tongh and brown' and
I c-athery as an Indian In the summer i
imt we really do wot cart for thai
1 ind ot skin ia a . winter evenlna
trock. - :-: . ., j .
Some of our complexions art goa.
fprever, others will require, several ,
seasons of care, but the first step Is !
ro-jccuon. inia summer. . i, '
i Cold cream and powder will hslp,
will a sturdy opaque parasol, but,
!i'st of all. Is a good hat brim tied on, t
Uetter.Joln me. j m i, . i
. Crawford divided the honors at
toit pitching.
Big Amount, in Fees is
Turned Over to Treasurer
Tda niiThllit aarvlrn enmmislaon
on Saturday turned 'over to the
statu trAanrr' 120.4 Ks in fees
from the grain- Inspection depart
nient In Portland for the month ot
Jhly. This Is the biggest turn
over from tho department ever
ma a a at one time. -
i. '
i f j, r, , ' . 1
As obtained in our suits, hat
always been! kept at an "ex
ceptionally high standard.
Because everytsult is made
from virgin wool (the first
combing of the raw wool)',
which is carefully made un
der' the most modern con
ditions and by workmen
who are artists at their craft.
Because at this store you,
get the best obtainable cloth
ing at very moderate prices
from $30 up. ! ' '
Because we tailor our suits'
to your exact measure. Tak
ing measurements beans, to
us, more than mere figures
it means a suit that will
fit you.
Let us make your next
suit we guarantee satisfac
tion in all ways.
426 State St.'
fresh materials that
shades $ 1 Qg yard
!-..-:.-52 49 yard
H tf.7o
J.IP yard.
'7 $IJ98 yard
. , 7 1 v " , ...1?
, s
, aaaaaa a a a ia 1111 'SSSaMaaa-aaMM- -I ri
, - : . 11 '
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