Culp v. Culp, 26122.

• Court: Missouri Court of Appeals
• Writing for the Court: Hughes
• Citation: Culp v. Culp, 164 S.W.2d 623 (Mo. App. 1942)
• Decision Date: 06 October 1942
• Docket Number: No. 26122.,26122.
• Parties: CULP v. CULP.

164 S.W.2d 623

CULP v. CULP.

No. 26122.

St. Louis Court of Appeals. Missouri.

October 6, 1942.

Appeal from Circuit Court, St. Francois County; E. T. Eversole, Judge.

"Not to be reported in State Reports."

Suit for divorce by Henry Culp against Addie Culp, who filed a cross-bill for divorce. Judgment for plaintiff, and defendant appeals.

Affirmed.

Jerry B. Burks, of Farmington, for appellant.

Taylor Smith, of Farmington, for respondent.

HUGHES, Presiding Judge.

This suit for divorce was instituted by the husband, and tried in the circuit court of St. Francois County. The petition was based on general indignities. The answer admitted the marriage and denied all other allegations of the petition, and by way of cross-bill the wife sought a divorce based on general indignities. They were married on June 28, 1903, and were separated when the husband left the home on January 28, 1941, having lived together as husband and wife for more than 37 years. Six children were born of the marriage; four of whom, all adults, are living. At the time of the trial, June 10, 1941, the husband was 57 years of age and the wife was 56.

The version of their marital troubles as related by the husband was that especially during the last four or five years his wife had cursed him on many occasions, and called him a gray-headed son-of-a-bitch on several occasions; told him she wished he would leave, that neither she nor the children had any use for him; that for about two years to the best of his knowledge she had been going out with a man named Leslie Black; that Black had called his wife over the telephone several times; that Black brought her home about 11:30 on the night of August 19, 1940, and listening from an upstairs window he heard Black say to her "Tell them you have been to lodge"; that his wife was out about three nights a week, and once in a while would return about 10 o'clock but most of the time from 11:30 to 1.

Neal Deweese, whose wife is Mrs. Culp's sister, was at the Culp home on one occasion when the Culps had a quarrel in which Culp had accused his daughter of going out to places where she should not have been, and Mrs. Culp cursed him and told him "You're a God damn liar." Mrs. Deweese relating the same occurrence said they just got into a quarrel and she cussed and called him a son-of-a-bitch "and so on." Both Mr. and Mrs. Deweese said that Culp talked back but he did not curse his wife.

On January 30, 1940, on complaint of Rosie Culp, the daughter, Culp was arrested and by order of the probate judge sent to the State Hospital for observation as to his mental condition; and on February 27th, after a hearing at which one of the hospital doctors testified, Culp was found to be of sound mind and discharged. There was no showing that Mrs. Culp had anything to do with that proceeding.

Roy Dixon testified that he was a cab driver; that about August 15, 1940, he was employed by Black to take him and Mrs. Culp to a resort called the Green Castle where they have cabins; Mrs. Culp got in the cab on the street; it was about 9 o'clock at night, and at Black's direction he returned to the resort and brought them back at about 12 o'clock, and Mrs. Culp got out of the cab about a block from her home.

John Wells and A. A. Bayles testified that Henry Culp's general reputation for being a virtuous, upright, honorable man was good.

Roy B. Adams testified that on one occasion he saw Black and Mrs. Culp at the Bonne Terre Inn or Cedar Lodge at about 8 or 9 o'clock at night; they were sitting at a table.

Mrs. Addie Culp, the defendant, testified that her husband never missed a day cursing her, and called her a son-of-a-bitch, a whore, and a bastard; that she never spoke to Black until the morning of the trial, and was never at the Bonne Terre Inn or such places with him; that she did not go to such places; that Culp had threatened to kill her; that he accused both her and their two daughters of improper relations with men; that he accused her of going out with Les Black and Mr. McDanald and Mr. Moon and 15 or 18 other men; that the testimony of Mr. and Mrs. Deweese was false; that she never went out at night except one night a month to a Sunday School class meeting, and once a month, sometimes twice, to the Rebecca Lodge.

Both daughters, Nellie and Rosie, testified and substantiated the testimony of their mother as to their father cursing her, and charging her with going out with other men, and denied any improper conduct on Mrs. Culp's part.

Wendell K. Moon testified that he never took Mrs. Culp out nor had her taken out in one of his cars with any other man; that Mrs. Culp's standing and character and reputation is first class as far as he knows; that he has heard no talk about Mrs. Culp and Black, only rumors that have been circulated.

Mrs. Alvin Gerstenslager testified that she has been living in one of Mr. Culp's houses for two years; that the two houses are about 18 feet apart, and she has visited in the Culp home practically every night; that she heard the Culps' talking and guessed they were talking about Mrs. Culp going out with Black, and she heard Culp call his wife a God damn son-of-a-bitch; about a couple of other times she heard about the same thing.

Mary Clifford testified that in April 1940 Mr. Culp did some repair work on her cistern; he started talking about his daughters, and said the three women were trying to run an indecent house there; that she never heard any one say a word about Mrs. Culp.

W. E. Coffer, Assistant Prosecuting Attorney of St. Francois county, testified that during the summer of 1940 Mr. Culp complained to him about his wife and Leslie Black, that Culp contended his wife was intimate with Les Black; witness told Culp that under the facts he gave him he couldn't get anything done; that Culp asked to get a permit to carry a gun, and he told him he would have to be deputized by some of the officers. Culp did not say why he wanted a permit.

E. M. McDanald testified that he had known Mrs. Culp for eight years; that he had never been out with her or had any improper relations with her; that her standing in that community is above reproach.

Mrs. James Wright testified that one time she and Mrs. Culp went out for some fun on Halloween night; the places they went were a couple of neighbors, one of whom had been sick, and that afterwards Mr. Culp asked her if she was with Mrs. Culp all the time they were out, and whether she had seen any men there; witness said she thought Mrs. Culp's standing and character were very good.

Charles Ingram testified that Mr. Culp told him about Mrs. Culp's going out with Mr. Black; Culp asked him two or three different times if he had heard any talk; and he (wi...