Wade v. Wade

• Decision Date: 07 March 1921
• Docket Number: No. 13866.,13866.
• Citation: 229 S.W. 432
• Parties: WADE v. WADE
• Court: Missouri Court of Appeals

229 S.W. 432

WADE v. WADE

No. 13866.

Kansas City Court of Appeals. Missouri.

March 7, 1921.

Rehearing Denied April 4, 1921.

Appeal from Circuit Court, Jackson County; Thos. J. Seehorn, Judge.

"Not to be officially published."

Suit by George L. Wade against Edna Grace Wade. From a judgment for plaintiff, defendant appeals. Affirmed.

John T. Barker and 0. A. Wilson, both of Kansas City, for appellant.

Burke & Kimpton and T. J. Madden, all of Kansas City, for respondent

TRIMBLE, P. J.

Herein a husband sues for divorce, alleging indignities, habitual drunkenness, and a long line of gross misconduct on the part of the wife. Her answer and cross-bill specifically denies the many charges made against her, and in turn charges him with cruel treatment, indignities, and bad conduct, on account of which she prayed the court to grant her the divorce and "adjudge to her out of the property of said plaintiff such support and maintenance" as the, nature of the case and the circumstances of the parties may require.

The trial court, after hearing the evidence, rendered a decree in plaintiff's favor, granting him the divorce and dismissing defendant's cross-bill. She has appealed.

It is an unusual case in more than one respect, not only because of the charges and countercharges that are made, but also on account of the way in which the wife meets the allegations of her husband's bill and contends for the disposition she now insists should be made of the case. While not explicitly or generally admitting the truth of his charges, she concedes there is "considerable evidence" in the record against her, but says that the husband proved most of his charges by witnesses largely under his control, and that, notwithstanding the fact that he max have proved many things against her, yet the evidence "clearly shows" he was cruel, barbarous, and shameful in his treatment of her, that he is not an innocent party, and that he is, therefore, not entitled to a divorce. The evidence, however, of his cruel and barbarous treatment rests upon her sole and uncorroborated testimony. While she flatly contradicts the vital facts in the evidence of every one of the witnesses who testified in the husband's behalf, yet she frequently concedes her presence at, and many of the things that happened on, the occasions about which they testified. Some of these witnesses were her intimate friends and associates, others were the servants of the household, others were police officials, and still others were neighbors living in the vicinity of the home in Kansas City where the parties have lived for the past ten or more years, and where practically all of the things charged as grounds for divorce on either side are alleged to have occurred. (This last fact is of considerable importance in view of the wife's contention that she was without means or opportunity to procure witnesses in her behalf.) It is, we think, incredible that the immense mass of evidence piled up in support of the husband's case could be so controlled by him or so falsely colored in his favor that the skill of her distinguished counsel in cross-examination could not shake or affect it in the least. That a great many of his witnesses could not possibly be under his control will be manifest from the recital hereinafter set forth.

Prior to, at the time of, and for some years after the marriage of these parties the husband was an actor, a black-face comedian in a traveling show. He was also at this time in the business of buying, fitting up, and renting private railway cars; but from the time the parties came to Kansas City to live, some nine or ten years ago, the husband has been exclusively in the business of buying and selling railway rolling stock and the leasing of private ears used in excursions. This at times called for him to be away from home at night.

The parties met in Fresno, Cal., in February, 1905, when he was showing in that town. He says he was introduced to her on the street in company with a party of mutual friends; that she gave him her home address at Sacramento, Cal. He seems to have been very much impressed with her, because in a short time thereafter he called on her mother. A correspondence sprung up between the parties, and in July, 1906, she went to see him in Chicago. Thereafter he lost sight of her; for from a letter of his dated December, 1906, introduced in evidence by her, he was anxiously seeking, from friends in Sacramento, to learn her whereabouts. At Christmas in 1907 he was showing at Sacramento and called upon her at her home there. In January, 1908, she joined his show at Reno, Nev., taking a minor part therein, she having been introduced to him as an actress or lady performer. Thereafter she traveled with the show, and they lived together in his private car as man and wife until February, 1909, when they were regularly married in La Junta, Colo. From the time of their meeting at Reno until they came to Kansas City in July, 1910, they were together continuously.

A few months after they came to Kansas City they moved to Tracey avenue in said city, where they lived for about a year, and then he bought a home on Benton boulevard, where they lived for over four years. During this time, according to the evidence of neighbors against whom no charge can be made, Wade treated his wife kindly and his conduct was good. He gave his wife fine clothes and diamonds, and she had an electric car for her individual use, kept at a neighboring garage. The garage man says that often she would be out at night with her car and call by for him to take it from her home to the garage; that he had seen her "pretty full" a number of times, quite frequently, and twice the car was so full of vomit and filth he had to hose it out; that he had seen men get out of her car shortly before it reached the garage and go away on the street car; that frequently he was called by her over the telephone to come and get the car at various places—all in the "north end." Several times he sent to a notorious hotel for it. He says that time and again Mrs. Wade would telephone and say she was at this hotel, and he would send after the car and get it. A neighbor testified that Mrs. Wade's reputation for drinking was bad; he did not know her reputation for morality; that one time Wade appeared at his (witness') home appealing for help, and he went over there and found Mrs. Wade crawling on the floor, raving and hollering for a doctor. The pictures were cut and the furniture broken. A neighbor lady came over, and they put Mrs. Wade to bed. She was drunk, vomiting on the floor,, fighting to keep them from putting her to bed, and said, referring to her husband, "George, the son of a b ___, has beat me up for the last time, and I will get him yet." This neighbor said he had heard her use the term "son of a b ___" on several occasions; that he had seen her on several occasions when she acted peculiar; that she came to a dinner party at his house one night dressed in a kimono., and, had she been a man, he would have thought she was drunk; that Mrs. Wade asked him to get her husband to buy her a home on Brookside avenue, for if she had that she would be perfectly satisfied and contented; that he never saw Wade mistreat her, but that the latter would sit much of the time on the front porch and smoke.

Another neighbor, living next door to the Wades during the time they were on Benton, said that Wade's treatment of his wife was good; that he provided her with everything a woman could ask for, an electric car, diamonds, and nice clothes; that one time when there was a dinner party at his (witness') house Mrs. Wade appeared at his back door intoxicated and saying she had lost her diamonds. Her husband had been over a short time before asking help to take care of her, and his (witness') wife and two neighbors went over.

In December, 1915, the husband bought a fine home on Brookside avenue and they moved into it. He says he did this to get away from the neighborhood in which she had made a bad impression and in the hope that she would do better. The record shows, however, that she did not.

Ten police officers, including the matron at the police station, testify to her drunkenness on various occasions; her being arrested therefor while out in her car and at other places. Once she was arrested for running amuck with her car while drunk. She was taken to the police station, very drunk, kicking, scratching, and hollering, and in no condition to be taken anywhere except to the station. They had to carry her into the station and lay her on the floor; then they took her up to the matron's room, where she raved and screamed and tore up the mattress and "used the furniture pretty rough." She was taken to the station about 5 o'clock in the afternoon and sent home in a taxicab the next morning. Mr. Wade came down that night and inquired about her, but she was, in the opinion of the officer, in no condition to be taken away. A little boy three or four years old whom Mr. Wade had adopted was with her when arrested, and who was brought with her to the station, was taken home by him. Numerous other occasions were testified to, among them being a time when she was taken to the police station and held for a time. Her hat was off, as also her shoes, and her dress was disarranged. She was in company with a young man, and had a man's hat and necktie in her hand. She was very boisterous, using vulgar and profane language, vomiting, and accusing the officers of robbing her. When she sobered up and was ready to leave, she admitted she had not been robbed. Another time she was found at a negro's house in bed drunk with nothing but her drawers on. She admits being there, but says she was not in bed nor drunk, but that she became sick and stopped there, they being people who worked for the Wades.

A half dozen persons who worked at various times at the Wade home testified to many instances of her misconduct, her drinking, and...