Franklin BOOHER vs. Ephrain
Source: Crawfordsville Daily News-Review,
Crawfordsville, Montgomery County, Indiana
Jan 30, 1903
Mrs. Nancy Booher, the plaintiff in the Darlington divorce case,
escaped breaking into jail today by the skin of her teeth. For gross
contempt of Court, Judge West ordered her commital but her friends
succeeded in bringing the woman to her senses and the order was
rescinded. In her complaint Mrs. Booher alleges that she was warned
by "someone" to watch her husband if she had any doubts as to his
infidelity. Upon cross examination Attorney Whittington demanded
the identity of this unknown informant. The witness declined to
reveal this source of information and Mr. Whittington appealed to
the Court. Judge West then tried to get an answer but to no purpose.
Mrs. Booher stated that it would compromise a friend and that the
revelation would be a breach of lodge trust. She had promised not
to divulge the name and declared her intention to keep that promise.
The court finally lost patience and gave the stubborn witness a
choice between answering and going to jail. She chose the latter
alternative but the Court consented that the order be not executed
until the examination was finished. As the clock struck 12 Attorney
Whittington brought his severe cross examination to a close and
the Court gave her another chance to answer. She refused, however,
and the Judge remanded her to the custody of the sheriff until she
should choose to answer. "I'll die in jail then" was her parting
retort but her friends and attorneys gathered about her and after
much advice and counseling she agreed to give up the information.
Her decision was carried to the Court and he consented to a stay
of execution. Being put back on the stand after dinner Mrs. Booher
said Mrs. Laura Booher had given her some "tips" regarding her husband's
actions. Acting on these she followed Eph one night to the home
of his alleged amoreta, Mary Vaughan, and saw him enter the house.
She waited for him to reppear but was driven away by cold. Some
time later she accused Eph of his infidelity and he was brazen in
his expressions of Mary Vaughan. He confessed that he always had
a partiality for fat women and likened her to a stack of bones.
Among other wrongs she said her step sons had cursed and abused
her and that in their division of property some years ago she got
the worst of it in everything except pillow cases. The inventory
showed 11 and they took 5 apiece and cut the other in two. After
their last separation Eph is said to have asserted that the infernal
regions might freeze over before she would get any of his property.
Mrs. Booher lost her temper under the fire of cross examination
and made some damaging statements. When asked how much money she
had when they were married Mrs. Booher confessed to the possession
of $9. This caused some amusement whereupon she volunteered that
it was more than Eph had. Being questioned on this score she asserted
that her husband's assets at that time amounted to only $3. There
was considerable spice mixed with the testimony of Mrs. Booher and
the audience took it all in with evident relish. The defendant is
taking his inning this afternoon. -- transcribed by kbz
Crawfordsville Daily News Review Jan 28, 1903
The Booher divorce case is proving a right good drawing card and
the court room has been filled today with spectators, expectantly
awaiting for the evidence to develop some rich morsels. Up to noon
there had been some disappointment on that score. The bulk of the
evidence has been pretty dry. Severalw itnesses testified that the
domestic horizon of the Boohers had been more or less clouded for
years. Others were introduced to throw some light upon Eph's financial
standing. The star witness of the morning was Art Franklin, a step
son of the defendant who made his home iwth them for several years
after his mother's marriage. He admitted that the relations between
Mrs. Booher and himself had been somewhat strained and told of the
pleasantries that had occurred. On one occasion Booher struck witness
with a broom and on another his head was made the target for a rock.
Again the defendant chased him to the barn and aimed a blow at him
with his fist but missed fire and struck the barn door instead.
It is not recorded what Booher said when he made this mistake. He
testified that he had seen Booher strike his mother and that on
one occasion his step papa got out the family razor and declared
that he would end the motter then and there. He didn't however,
for the good reason that young Franklin and his ma took to the timber.
At a trial in Darlington witness declared he heard Booher call his
wife a l ar. On cross examination Franklin mixed up his dates somewhat.
He admitted to drinking some but denied that he had ever gone home
with the "snakes. -- transcribed by kbz
News Review Feb 2, 1903 p 1
The costs in the Booher divorce case, which was
tried last week amount to $269 not including attorney fees and the
salary of the court. Of this $139 is for witness fees, $75 for court
costs and $55 for actual court expenses. In giving Mr. Booher the
decree the costs were thrown upon his wife, but as she has no property,
the witnesses are out their fees and expenses and the county is
left to hold the bag for the balance. Mrs. Booher received a judgment
for $125 alimony but her attonreys will doubtless attach this for
their services. Divorces come high oftimes but some people must
-- transcribed by kbz
Source: same -- There was a general rejoicing at
Darlington Saturday evening when the news reached there that "Doc"
Booher had won in the divorce suit. He had the sympathies of the
townspeople almost to a unit and from all reports Darlington has
experience no such joy since James A. Mount was nominated for Governor.