This file portion of www.watertownhistory.org website
KEY: WD Watertown Democrat
WG Watertown Gazette
WR Watertown Republican
WDT Watertown Daily Times
The
Best Damned Lawyer in Watertown:
The
Bill Cody Story
Written and contributed by Ben Feld
Proofed and
reformatted by Ken Riedl
INTRODUCTION
By
the early 1860’s, Dr Cody had established himself as a popular, trusted
physician in Watertown and, apparently, in the state as well. In April, 1862
his services “on the field of Pittsburgh” were requested by Gov. Harvey. His
service there was short, however, for in January, 1863 the Secretary of War
appointed Dr. Cody Medical Pension Examiner of the state of Wisconsin. Just how
long he served in that capacity is not clear, but it is apparent that his
practice in Watertown flourished. There is no indication that the family life
of the Codys was anything but pleasant. Over a period of time, Dr. Cody
accumulated two houses and at least a dozen farms in and around Watertown. By
the end of the Civil War, the Cody family consisted of Dr. and Mrs. Cody, a
daughter who married J. Salick, and three sons, James, Edward and William.
Although
the end of the Civil War brought peace to the county in general, it was just
the beginning of the troubles which would plague the Codys for many years. The
Watertown Democrat reported the first of a series of tragedies:
In Fulton, Illinois, on the 1st of May, 1865, JAMES M. CODY, son of
Dr. James Cody of this city, in the 16th year of his age. He was pursuing a
course of study at a military school in the place where he died, and the
intimation his father had of his son’s sickness was on last Saturday. Dr. Cody
immediately started to visit him, but before he reached his destination, was
met with the sad intelligence that his boy was no more. The remains were
brought to his home here, last Tuesday afternoon and he who went away with high
hopes and a thousand blessings for his health and welfare is sorrowfully
brought back shrouded for the grave, making desolate the household his presence
would have filled with gladness. Such is life, and such are the dark shadows
that may any hour fall across the sunniest pathways.
WD
Four
years later a second son, Edward, died suddenly.
In the city of Watertown, on the 13th inst., at the age of 16 years
and 11 days, EDWARD D. CODY, son of Dr. James and Adeline Cody.
The sudden death of this exemplary and promising youth is a severe
and trying affliction to his bereaved parents, being the second son, whose
untimely loss the have been called to mourn within the past four years. The
many hopes that clustered around him render his death all the more painful to
the family circle, thus sadly broken by the departure of the one so cherished
and beloved. The tender sympathy of numerous friends will be with the sorrowing
parents and relatives, but no ministrations of kindness can alleviate the
anguish of such dispensation.
WD
Dr
Cody's life was further devastated by the death,
August 8, 1872 of his wife Adeline, the daughter of Captain James Rogan,
"A sincere Christian, warmly cherished and tenderly beloved by those she
knew". At the time of her death, the couple had two living children; a
daughter, Mrs. J. Salick, who lived on West Washington Street, (Note: In the 1880's there were two Washington
Streets; one west of the river commonly referred to as North and South Washington,
and an eight-block street running from South First Street east to North Street,
today called Market Street. It is unclear which part would have been called
West Washington) and a son, William G. Cody, who appeared to live at "the
homestead". Dr. Cody and Theresa,
nee Kelly, his second wife, who he married January, 1889 had two minor sons at
the time of the divorce proceedings which so shocked the community.
Part I
__________________________________
THE DIVORCE
Some
said he did it to assure his inheritance of all his father's wealth; some said
he genuinely loved his father and wanted only to bring an end to an unhappy
second marriage; but whichever it was, surely young Bill Cody (no relation to
the Cody of buffalo fame) did not expect to start a chain of events which would
soon pique the curiosity and interest of the entire state. And surely he did
not expect things to turn out quite the way they did.
Judging
from the lack of newspaper articles indicating otherwise, the marriage of Dr. and
Mrs. Theresa Cody seemed to be normal with no hint of any trouble until
Thursday, July 2, 1885:
Thursday afternoon at 11:00 o’clock Dr. James Cody was
discovered in his office in a comatose state, suffering from what was supposed to
be a fit of apoplexy. The news of his alarming condition soon spread on the
streets and several physicians were at once summoned to render him assistance.
Remedies were applied, but it was several hours before there was any relaxation
of his dangerous symptoms. Before evening, however, he revived sufficiently to
be able to articulate a little, but continued in such a state of stupor that it
was not deemed prudent to remove him to his home until Friday evening, since
which time he has been improving slowly.
WR
For
six weeks the community must have assumed Dr. Cody was convalescing and were
not prepared for the revelation, when it was revealed in the Milwaukee Journal,
that trouble was brewing in the Cody household.
The community was thrown into considerable excitement Saturday
evening by the receipt of the news trough a telegram from Juneau appearing in
the Milwaukee Journal that Dr. James Cody, of this city, had commenced
proceedings in the Dodge County Circuit Court against this wife, Theresa Cody,
for absolute divorce. Somers & Somers of Milwaukee, attorneys for James
Cody, filed the complaint on the 14th inst. Among other things the complaint
sets forth that the plaintiff and defendant were married January 27, 1880, and
their issue is one child, a son, four years old.
WR
The
legal mill begins to turn. Charges and countercharges, demands and counter
demands are filed.
Mrs. Theresa Cody, through her attorney, Harlow Pease, has filed
with a Clerk of Court at Juneau an answer to the complaint made against her by
her husband, Dr. James Cody, in which are alleged grounds for divorce, the
defendant in said answer denying each and every allegation set forth in said
complaint. A demand is made for a change of venue in the case to Jefferson
county and a order for alimony to the defendant has been allowed by Judge Sloan
in the sum of $75 per month, and $150 for expenses in part for defending the
action for divorce or any other personal property on the premises occupied as a
homestead is not to be interfered with.
WR
Somehow
the Milwaukee papers and the Chicago Tribune learn about Dr. Cody's troubles.
Their reports give us a closer look at what was transpiring.
The
Chicago and Milwaukee papers have lately contained several startling episodes
in the matter at issue between Dr. James Cody and his wife. The following
special relating to this interesting case appeared in the Chicago Tribune of
last Friday and opened up a new denouement in the sad affair:
STEVENS POINT, Wis., Sept. 17 - The Dr. James Cody divorce case,
of Watertown, in this state, came to the surface here today. Mrs. Cody arrived
in the company of Mr. And Mrs. D. D. Scott, of Watertown. This morning she went
before County Judge Kingsbury and obtained a writ of habeas corpus alleging
that he husband was restrained of his liberty at the house of Dennis Peters.
Armed with this writ Chief of Police McDonald preceded to the Peter’s
residence, At first he was denied admission, but upon his threat to break the door
in it was unlocked by Mrs. Peters. A search of the house from cellar to garret
and of the barn was made, but the doctor could not be found. In an interview
this afternoon Mrs. Cody charges all her troubles to young William G., son of
the doctor by his first wife. She thinks the doctor has been stopping with the
Peters family nearby ever since the separation took place, almost two months
ago. The doctor is supposed to have been seen here yesterday, and is supposed
by Mrs. Cody to get a personal interview with her husband all would come out
with. It was to obtain this interview the journey here was made. It is stated
that since his arrival here the doctor has made over to his son about $13,000
of personal property, consisting mostly of mortgages here simply as mutual
friends of both parties.
Next in order the Sentinel of Sunday published the following
summary of news about the doctor from which it would appear that he left
Stevens Point and proceeded to Milwaukee:
Dr. James Cody, a prominent physician from Watertown,
mysteriously disappeared from the Republican House, in this city, at a late
hour on Friday night, and all day yesterday detectives, relatives and lawyers
had been searching for him. Various rumors were afloat yesterday as to his
whereabouts, but none of them have as yet been substantiated. It was believed
by some that he had been abducted by two detectives in the employ of his wife,
from whom he is seeking a divorce; others believed that he quietly left the
city, while the police are inclined to the theory that he committed suicide
because of his domestic troubles.
Friday evening Dr. Cody, accompanied by two ladies, came to
Milwaukee. They registered under factitious (sic) names. The women were assigned
to a room adjoining Dr. Cody’s, and on his retiring Friday night they locked
the door of his room and kept the key in their possession. About 1 o’clock at
night there was a call from Dr. Cody’s room. When the bell boy reached it he
was obliged to use his pass key to secure admittance. As the door was opened,
Dr. Cody passed out and left the hotel without saying a word to anyone, and
since that time he has not been seen. He was missed at an early hour yesterday
morning, and the police were notified, and Dr. Cody’s son was summoned by
telegraph from Watertown. Detectives who worked all day on the case were
inclined to the theory that the doctor had ended his life, as he had previously
made an attempt at suicide. From over a column of later developments contained
in Monday’s Sentinel we clip the following:
Dr. James Cody, the Watertown physician, whose mysterious
disappearance from the Republican House was reported in The Sunday Sentinel was
found yesterday, and he is now in the custody of his son. He was found on the
road to Wauwatosa by E. E. Davis, the druggist doing business at the corner of
Wells and Eleventh street, by whom he was brought back to the city.
“I was driving along the road to Wauwatosa,” said Mr. Davis to a
Sentinel reporter last evening, “and just before reaching the bridge beyond
Chestnut street, we overtook Dr. Cody. He was going in the same direction -
towards Wauwatosa - and was walking in the middle of the road. I could scarcely
believe my eyes, yet I could not be mistaken. I had known Dr. Cody from
boyhood. He and my father had been the warmest of friends for many years. He
was covered with mud, his clothes were wet, and he looked as if he had been out
all night in a rainstorm. He was a most wretched looking object. As we overtook
him I called out to him and asked:
“What in heaven’s name are you doing here? Where have you been?”
“The doctor seemed greatly distressed and humiliated. I knew of
the trouble he was having with his son and with his wife, and I had seen the
account of the flight from the Republican House in The Sentinel. So I did not
press the question and it was easy to see that he had slept outdoors whether
one or both of the past two nights. I immediately insisted that he should go
home with me. He readily consented. He waited by the roadside while I took my
wife to the streetcar at the head of Wells street, and I then returned for him.
“On the way to my home the doctor appeared greatly depressed and
sorrowful. When I asked him why he left the Republican House, he would only say
that William, the son, ‘was acting very imprudently, and had disgraced him very
much.’ He referred, of course, to the publicity given to the alleged relations
of his wife with Clarence Brown, and to the fact that he and the two ladies
with him at the Republican House Friday night had been registered under
fictitious names. He saw no occasion for this, and was mortified that it had
been done.”
“What time did you find him?”
“It was about half past 2 o’clock. We got back to my house
between 4 and 5 o’clock. I took him to the place where I live, 144 Eighth
street. I gave him food and cleaned him up.
I then had to go to the store and he was determined to go with
me. He was afraid to be alone, fearing that his son might find where he was and
take him away.
On reaching the store I telephoned to the police station and
told him that if anyone should call for Dr. Cody they might tell him that the
doctor was at my store. In a surprisingly short time the son, William, who had
brought the doctor to Milwaukee and locked him up in the Republican House, came
bounding into my store. He looked very nervous and frightened, immediately
asked for his father, who was then behind the prescription counter. I did not
want the doctor to go away with him and told him so. He told me that Major
Gardner was with him, and he had advised the doctor to go with him.”
Mrs. Cody, the wife of the doctor accompanied by her attorney,
Harlow Pease, and Col. D. D. Scott, of Watertown, arrived in the city yesterday
afternoon. They used every effort within their power to secure an interview
with Dr. Cody who was last seen at Daves’ drug store about 5 o’clock in the
afternoon. And until that time he said repeatedly that he wanted to go home,
but his son at length induced him to go away with him. It was thought that they
intended to go to the Republican House, but inquiry did not reveal that was the
fact. This is Col. Scott’s version:
Mrs. Cody, accompanied by Col. Scott and Attorney Pease, drove
to the house of Clerk Meiswinkel, of the municipal court, to obtain a warrant
for the arrest of Wm. G. Cody, the doctor’s son, on the charge of kidnapping
his father. Clerk Meiswinkel refused to get out of bed, however, as it was
nearly midnight. A writ of habeas corpus was finally obtained from the Court
Commissioner A.G. Fraser, directed to William Cody, and ordering him to produce
the body of his father at Commissioner Fraser’s office, 427 Milwaukee street.
The writ was given to Deputy Sheriff Buckley, who made the round of the depots
and watched the outgoing trains, but he failed to find the missing father and
son, Sheriff Paschen also drove to residence of E. E. Davis, the druggist on
Eighth street, in the hope of discovering some clue to Dr. Cody and son. The
hack containing Mrs. Cody and her attorney was going about the streets the
greater part of the night in the vain effort to secure a warrant for young
Cody’ s arrest.
Yesterday’s Sentinel contains the following on the affair:
After all the fuss made by Mrs. Cody in her vain efforts to discover
where abouts (sic) of her husband and the claim that he was detained by her son
against his will, it was somewhat of a surprise when Dr. Cody walked into the
law office of Somers & Somers between 8 and 1 o’clock yesterday morning. He
claimed that he had, with his son, spent the night at the house of a friend in
the city and that the son had gone to Watertown on the morning train. He
remained in Somer’s law office the greater part of the day, resting upon a
lounge. He seemed very much worn and spoke only when spoken to. During the
morning the doctor was visited by father Corby (sic) the Watertown priest, of
whose congregation he is a member; W. C. Spalding, of Watertown, who attended
Dr. Cody in his recent sickness, and by Colonel D. D. Scott, of Watertown, who
is working in Mrs. Cody’s interests. Dr. Cody told Mr. Scott that he had been
sick ever since he had left Watertown to go to Stevens Point, and that he had
gone through so much as to be entirely worn out. When asked if he would be
willing to make up the matter with his wife, he said repeatedly that he would
not live with her under any circumstances. He refused to see his wife, but said
he would be willing to consult her attorney as to the amount of alimony to be
paid her pending a decision in the divorce suit.
This morning’s Sentinel says that Dr. Cody was committed to
Passavant Hospital where he will receive medical treatment.
WR
Few
in Watertown were not concerned when it was revealed Dr. Cody was not in the best
of health for he was a highly respected, much loved doctor, and those privy to
the conjugal climate in the Cody household were not much surprised when they
read the newspapers of late September, 1885 and learned that Theresa Cody had
already filed for divorce. The marriage, some said, should never have taken
place.
And
the presence of young Bill Cody did nothing to alleviate any existing
animosity. From the very start of proceedings, Bill was very much a thorn in
Theresa's side. Although he supported his father completely, he never seemed to
offer the good doctor any real comfort and/or support. His testimony, during
the divorce proceedings has been preserved:
Jefferson County Circuit Court Filed
Theresa Cody Plaintiff
William G. Cody Defendant.
The above named the defendant, William G. Cody, for answer to
the plaintiff’s complaint herein, admits, denies and alleges as follows, to
wit:
He admits that on the 28th day of January, 1880, the plaintiff
and James Cody motioned in the complaint, became a husband and wife, and that
the plaintiff is a resident of the city of Watertown, in the county of
Jefferson, and State of Wisconsin. But this defendant alleges that on or about
the 13th day of August, 1885, the said James Cody commenced and action in this
court for a divorce from the said plaintiff herein, and set up in the complaint
in said action, as a ground of said divorce, that the said plaintiff was guilty
of adultery with one Clarence Brown.
That the said Theresa Cody, on or about the 16th day of October,
1885, commenced an action of divorce against the said James Cody, and alleged
in her complaint therein, as the grounds of divorce, cruel and inhuman
treatment towards her by the said James Cody.
This defendant, in answer to the first cause of action in the
plaintiff’s complaint herein, alleges that he is the son of the said James Cody
mentioned in the complaint herein, and the said James Cody, suspected that his
wife was on terms of criminal intimacy with the said Clarence Brown mentioned
in the complaint, requested this defendant, his son, to give to him such
information, and to give to the said James Cody’s attorneys such information,
upon the subject of the criminal intimacy before mentioned, as this defendant
might have upon that subject. That as this defendant is informed and believes,
one Daniel Hall, a practicing attorney in the County of Jefferson and State of
Wisconsin, duly licensed to practice law, and one George W. Bird, of Jefferson,
a practicing attorney in Jefferson County, and duly licensed to practice law,
were retained by the said James Cody for purposes of consultation and advice
upon the subject matter of bringing an action for divorce against said Theresa
Cody by the said James Cody. And this defendant alleges that pursuant to such
instructions from his father he imparted to his father much knowledge as he had
upon the subject of such intimacy; that he imparted to the said attorneys for
his father such knowledge as he possessed pertaining thereto, and that in the presence
and hearing of the said James Cody, and in the presence and hearing of the said
Daniel Hall, and the said George W. Bird, and in none others, did at that time
mentioned in the complaint, say that he saw Cass Brown come to the house, and
Mrs. Cody was at home alone, at 9:30 A.M. “I was down cellar at the register,
listening, and I heard said Brown and Mrs. Cody in the parlor over my head,
talking. That they were talking smutty and mentioned something as to the size
of Mrs. Cody’s leg, and they were also talking about what good times they had
had, and mentioned the evening of the 26th of May; and I heard him tell and he
asked her to take off her dress, and she said she wouldn’t and I heard her
grunt, and he said, ‘that is enough’ and I heard them get up and he left the
house at 10:15 A.M. and went off. The parlor doors must have been locked, as I
heard it click and door opened when they left the parlor. I saw him come and
go. And Cass Brown also said ‘don’t lock the doors’ when they walked into the
parlor. She said it was safer, and I also heard her make the remark that it was
a good deal nicer on the floor than in the buggy, as there was more room. Then
heard Cass Brown asked her to lay down on the floor again; she said no, but she
would come to his room tonight, if she could get a good chance to get out.”
And this defendant further alleges that the said words spoken by
him to his said father and to his said father’s attorneys at his father’s
request, were true, and were not uttered maliciously, or with any intent to
injure the plaintiff; and he denies that he uttered said words to any other
person or persons, except to his said father, and to the said Bird, and the
said Hall.
And this defendant and alleges upon information and belief that
said communication so made at his father’s request and to the said attorneys,
was privileged.
This defendant for answer to the second cause of action herein,
alleges that he is the son of the said James Cody mentioned in the complaint; that
the plaintiff herein is a married woman, and is now a resident of the city of
Watertown, in the county of Jefferson and State of Wisconsin. This defendant
admits that on the 8th day of August, 1885, at the city of Milwaukee, he spoke
to the plaintiff herein, and spoke of her infidelity to her and this
defendant’s father but he denied that he used the words set forth in the second
cause of action as having been uttered by him at the time and place in said
second cause of action stated. He admits that at that time and place, he stated
that in his opinion the said to plaintiff had committed the crime of adultery
with the said Clarence Brown, on the 18th day of June, 1885 in the city of
Watertown, Wisconsin and he alleges that said word were true, that he did
believe that the said plaintiff was guilty of the crime of adultery committed
at the time and place before mentioned; that said communication was made solely
to the his father’s attorneys, P. J. Somers and P. F. Somers being attorneys at
law duly licensed to practice as such in this State of Wisconsin; and that at
the time aforesaid they were retained by the said James Cody to bring an action
of divorce against the said Theresa Cody upon the grounds of adultery. That
said words were not spoken maliciously, or with intent to injure the plaintiff
herein, but were imparted to the said attorneys as a matter of information
pertinent to instructions at his father’s request; and defendant alleges that
said communication was true, and privileged.
This defendant and denies each and every allegation of the
plaintiff’ complaint not herein specifically admitted.
Therefore this defendant demands judgment that the plaintiff’
complaint to be dismissed with costs.
Somers and Somers and Charles H. Gardner
Defendant’s attorneys
Now
son Wm. G. Cody raises the ire of his step-mother.
New complications and developments have arisen in the Cody
divorce case. Mrs. Cody having commenced an action against her husband for a
divorce on the ground, alleged, of cruel and inhuman treatment, the necessary
papers being served last Friday on Somers & Somers, of Milwaukee, attorneys
for Dr. Cody in his suit for divorce now pending. Thursday evening William G.
Cody was arrested by Sheriff Illing upon an order from Judge Bennett to answer to
an action of alleged slander commenced by this step-mother, Mrs. Theresa Cody.
Damages to the amount of $50,000 are claimed by Mrs. Cody. William Cody was
placed under bail of &10,000, Matthew and Christy Smith going security for
his appearance in court. Still another suit was commenced Friday morning by
Mrs. Cody against Dr. Cody and William G. Cody for separate support, and an
order adjoining Dr. Cody from disposing of any property conveyed to William G.
Cody.
WR
In
September Dr. Cody had made over to his son about $13,000 of personal property,
consisting mostly of mortgages on Dodge County property. Now he loses some of
it.
In the Circuit Court last Thursday before Judge Bennett, G. W.
Bird, and H Pease argued the injunction case of Mrs. Theresa Cody against Wm.
G. Cody and moved for the appointment of a receiver for the entire property of
Dr. James Cody pending the result of Mrs. Cody’s action for Divorce. Judge
Bennett refused to enjoin the whole of the property but ordered $8,000 of the
personal property in the hands of W. G. Cody placed in the custody of Daniel
Hall, who was appointed receiver for the same.
WR
Now
begins, for Wm. G. Cody, over half a century of skirmishes with the law in one
form or another which eventually earned him the dubitable title of "the
best damn lawyer in Watertown".
CODY IN CUSTODY
Under the above caption the Milwaukee Sentinel of yesterday
publishes the following:
A scene which attracted a large crowd and caused a lively sensation
occurred in the office of the Kirby house about 7 o’clock last evening, when a
young man attired in a beaver overcoat was seized by an old man with a gray
beard. There was no struggle, but the telephone call for police excited the
suspicion that the young man was a criminal. A few minutes later Detective
Baldwick and Burns escorted the young man to the central station, accompanied
by the old gentleman. The prisoner was William G. Cody, son of Dr. James C.
Cody, of Watertown, whose domestic troubles and mysterious disappearance from
the Republican house, and his subsequent discovery in a deranged condition in
the woods west of the city, created a sensation in this city some weeks ago.
The old man who caused the junior Cody’s detention was Chris Smith, of
Watertown, one of his bondsmen for &10,000 in a civil action. Some hours
later he surrendered the young man to the sheriff of Jefferson county, with the
bail bond.
The arrest grows out of the domestic troubles of Dr. James Cody
and his young wife, the latter being the stepmother of William. Some months ago
Dr. Cody commenced action for divorce on the ground of infidelity, and to keep
the old man away from his wife, the son caused his father to travel through the
state, finally bringing him to this city, at which time he escaped from the
Republican house. After his recovery and a meeting between himself and his
wife, he returned to Watertown, where he is a present residing with his
daughter. His wife filed a cross-bill for divorce and also began suit for
alleged slander against the son. She also had a receiver appointed for the
property of her husband, who had transferred most of it to his son, and the
latter required to give it up to the receiver. He turned over about $8,000
worth of personal property.
At the time of his arrest for alleged slander, he was required
to give bail in the sum of $10,000. His bond was signed by Mat and Chris Smith,
of Watertown, with the understanding, as they claim, that they should be given
security for the amount. It was not given however, and the bond men refused to
justify for the amount of the bond until they had security. The young man had
disappeared from Watertown, and, being legally responsible for the $10,000,
even without justifying, they became anxious to secure him. Consequently Mr.
Smith came to this city, and finding Cody at the Kirby house, caused his
arrest. Sheriff Illing, of Jefferson county, reached the city at a late hour
last night, and Mr. Smith delivered over the prisoner and bail bond to the
official at the central station. The young man was taken to Jefferson at an
early hour this morning and will remain in custody until bail is furnished.
Mr. Smith expressed his willingness to remain on the bond if the
security was forthcoming. It is probable that the young man will deliver over
to the $10,000, now in the possession of his attorney, Major Gardner, at
Watertown.
William G. Cody is about 24 years of age, and his friends regard
him as somewhat eccentric. He had been deeded about all of his father’s property,
amounting to about $50,000, of which about one-half was personal. Of the latter
he has turned over $8,000 to the receiver, about $10,000 is the possession of
his attorney, and when arrested last night he had $6,000 in mortgages on his
person. He is known as a patron of sports, and owns two fast horses at
Watertown. He has several hundred dollars in bank (sic) here. Of late he has
spent money lavishly. He purchased two beaver coats here yesterday for $300 one
of which he said he gave to a friend.
WR
Saturday last Wm. G. Cody was brought here from Jefferson to
answer before Justice Halliger to the charge of threatening to shoot Moritz
Blumenfeld, of the Weltburger, on account of a difficulty that had arisen
between them. William, being held under a warrant from the Circuit Court
Justice Halliger could neither compel him to give bonds for the alleged
offense, nor commit him for want of jurisdiction and consequently the case was
dismissed. In the company of Sheriff Illing he went back to Jefferson where he
still remains not having yet procured bail in the action for which he was
arrested in Milwaukee on the 9th inst.
WR
The counsel on both sides of the Cody divorce case pressed
several matters of importance in the Rock County Circuit Court at Janesville,
before Judge Bennett, on Saturday. The counsel for Mrs. Cody, H. Pease and G.
W. Bird, argued that the motion for an allowance of $800 from her alimony, $500
to be allowed her lawyers to prosecute her suit, and $300 for the payment of
witness fees and other court expenses. The motion was granted and the sum
allowed. The counsel for Dr. Cody and his son, C. H. Gardner and P. J. Somers,
next moved that the bail for Wm. G. Cody, in the suit of slander, be reduced
from $10,000 to $5,000 on the ground of excessiveness. This motion was also
granted, and thus each party scored a point.
WR
Pursuant to an order of the circuit Court of Jefferson County in
the Cody case, for the purpose of raising the sum it directed to be paid Mrs.
Dr. Cody’s attorney’s, Daniel Hall the receiver, on the 12th inst. Sold to Wm.
F. Boss, the $1,000 or capital stock of the Wisconsin National Bank, of this
city, held by Dr. Cody, for $1475. So large a premium as $475 on $1,000 of its stock,
indicated the imminent standing, successive safety of the well-managed bank.
WR
The
reluctance of the citizens of Watertown to become securities for his bail and the
ensuing sale of his father's valuable stock to pay his step-mother's lawyers
must have rankled young Cody. Could that have been the underlying cause of his
escapade about a month later?
William C. Cody, of Watertown created considerable excitement
last Saturday evening in the city of Jefferson. He asserted his pocketbook had
been stolen, run (sic) his team up and down the streets, made himself
generally, the hero of the average boy’s mind.
WR
But
now things really begin to fall apart for Wm. G. Cody. After a period of what
must have been some serious soul-searching and reflecting on the part of both
litigants, a reconciliation takes place which must have given satisfaction to
those who saw the entire divorce proceedings as the manipulations of a greedy
child.
DR. CODY AND WIFE RECONCILED
A complete reconciliation took place yesterday afternoon,
between Dr. James Cody and his wife. The doctor in company with Mrs. Cody rode
in a hack from the residence of his daughter, Mrs. J. Salick, on West
Washington street, (sic) where he had been since the previous day with his
wife, and he repaired to his old home from which he had been estranged for
nearly a year. Thus ends a case that had become celebrated throughout the
state. Its adjustment in view of all the circumstances will no doubt occasion
general surprise. Of course all the suits pending, growing out of difficulties
between Dr. Cody and his wife, will now be withdrawn.
WR
All
that remains now is the satisfying of legal requirements.
THE CODY CASE SETTLED
A settlement of the Dr. James Cody divorce suit and all the
litigation and controversy growing out of it, has at last been reached by the
mutual consent of all parties concerned. W. G. Cody, to whom most of his
father’s property had been assigned, pending the divorce suit, relinquishes all
claims, and transfers property back to his father a certain portion of it,
however, being settled upon the said Wm. G. Cody. The community will be glad to
learn that the suits connected with this unfortunate family quarrel are now
withdrawn from the courts and all the disputed points amicably arranged.
WR JUNE 2, 1886
But
sometimes family disputes are not easily reconciled. Within four months trouble
erupted again.
Last Sunday morning while Mrs. Dr. Cody was attending church,
her husband left home and was found by parties on the North Road about on mile
northwest of this city, all covered with mud, and apparently not knowing where
he was going. He was conveyed to the residence of Mrs. Masterson, in the town
of Emmet, where he is now stopping and refuses to return home. His son,
William, is with him there.
WG
The
Watertown Republican, with a flair for the dramatic, headlines their version of
the item:
THE CODY CASE REDIVIVUS
A new chapter has opened in the Dr. James Cody case, and it has
again become the chief topic of conversation. While his wife was absent at
church Sunday morning the doctor left his home, and search being made for him
he was discovered Monday morning by Deputy Sheriff Brook at the residence of
Mrs. Masterson, in the town of Emmet, in the company of his son William, who
was thought, until then to be living in Dakota. To all entreaties to return
again to his home, the doctor, it is reported, turned a deaf ear. He still
remains at the Masterson residence, and, of course, there are all sorts of
rumors afloat in regard to his escapade. It is reported, how true, we know not,
that the settlement made some months ago between all parties connected with
this unfortunate family quarrel is now going to be nullified and the
reconciliation broken. It is also rumored that Dr. Cody has yet made a will,
and this enters in as an additional bone of contention. Further developments in
this case will be watched with interest and curiosity by the community.
WR
An order from the Court has been served upon Mrs. Theresa Cody,
E. Hall and H. Pease, demanding that all the property in their hands belonging
to the Cody estate be transferred to Dr. James Cody.
WR
Street talk led THE REPUBLICAN of last week into a provoking
error in the Cody case, by publishing that the court had served an order upon
Mrs. Cody, Daniel Hall and Harlow Pease, demanding a transfer of all property
in their hands belonging to the Cody estate to Dr. Cody. No such order was made
or issued by the court, and the on foundation for a report of this kind was
based on the simple fact that E. O. Smith, of Beaver Dam, having received power
of attorney for Dr. Cody, was here looking over Dr. Cody’s matters. We are
informed by Mr. Hall that the only relation he had to the suits between Fr. J.
Cody, his wife and Wm. G. Cody, his son, was that in his absence and without
any action on his part, the court appointed him receiver to safely keep
securities specially described in its order, to be assigned to him by Dr. and
Wm. G. Cody, the same being then in the hands of Wm. G. Cody. Pursuant to this
order, they were assigned by them to Mr. Hall and then brought and delivered to
him by their attorney. Mr. Hall obeyed all; the court’s orders in relation to
the same, and when the suits were withdrawn in June last the court, by its
order, directed that he should reassign the property, amounting to about $8,000
to Dr. Cody, less what had been paid out pursuant to the court’s orders, and
its fees of $100, which were allowed. Every transaction in the matter was duly
reported to the court, and Mr. Hall’s account was not only duly allowed by the
court, but receipted in full by Dr. Cody; all of which is on file and of record
in the circuit court of Jefferson county.
WR
The
Madison correspondent of the Milwaukee Sentinel sends the following to that
paper relative to the Cody matter:
The papers in the case of James Cody vs. Theresa Cody were filed
here on change of venue from Jefferson County. In his affidavit Dr. Cody
alleges that the defendant illegally obtained from him and wrongfully retains
certain monies, securities, mortgages, accounts, books of accounts and choses
(sic) inaction belonging to him, and that she had wrongfully transferred a
mortgage and note for $2,000; another for $1,075; another for $700, and another
for $1,600. The affiant says he had no recollection of ever having affixed his
signature to any of the assignments of the property, and that if he ever did so
affix his signature it was at a time when he was so broken in health that he
could not have any knowledge of the matter and was wholly unconscious of
performing such an act. He asks that Mrs. Cody be enjoined from collecting
interest on the property, and that all the pretended assignments, by which his
property was diverted from him be vacated, and that not only Mrs. Cody, but
others holding property, mortgages and securities to him.
The case will be tried in April term of the circuit court of
Dane county.
WR
THE CODY LITIGATION
The divorce suit of Mrs. Theresa Cody against Dr. James Cody and
William G. Cody was commenced by service April 6th inst. in the Jefferson
county circuit court. Judge Bennett granted the plaintiff an order to show
cause why a receiver should not be appointed over the property of Dr. Cody
during the pendency of the action, and also why temporary alimony and suit
money should not be granted to her.
The defendant made application of venue on the ground of
prejudice of the judge, and the case goes to the Dane County Circuit Court.
WR
But
Dr. Cody's attorney fails to show up at the appointed time; therefore the case
is put off to the July term of the county court. In the meantime, the MADISON
JOURNAL provides some interesting details concerning the case:
The celebrated Cody case has not yet reached a focus, though it
came up in the circuit court for this county yesterday; but owing to the
non-appearance of E. P. Smith, of Milwaukee, attorney for the plaintiff, Dr.
James Cody, the case was continued till the July term of the court. This case
is an interesting one and full of allusions to the infelicities of the marital
relations of the plaintiff and defendant. Dr. James Cody was wedded to Theresa
Kelly January 28, 1880. Two children were born of the union – a union which was
temporarily dissolved during a portion of the years 1885-1886, when the doctor
declined to live longer with his wife. A reconciliation ensued, and two suits
then pending between the couple were discontinued.
The couple parted for the second time September 26, 1886; when
Dr. Cody went to live with a relative named Masterson, in Dodge county,
claiming that the inhuman treatment he received at home would not permit him to
remain there any longer. At this time he was 66 years of age. He then brought
suit for the recovery of all the property which had been assigned to Mrs. Cody.
In his complaint he declares that he was astonished when he learned that his
wife really had possession of his property. It appears that Mrs. Cody also
possessed a deed to the Cody homestead. Dr. Cody claims to have no knowledge
whatever of signing such a deed; and it is hinted in some of the affidavits
which form a part of the huge bundle of papers in the case, that the doctor was
under the influence of an opiate at time, and that he may have done acts then
of which he is not now cognizant. Dr. Cody not only ask that the property in
dispute may be restored to him, but that Mrs. Cody be enjoined from obtaining
and enjoying any revenues there from.
Mrs. Cody put in a demurrer to the complaint for the following
reasons; 1st., That the plaintiff has no legal capacity to sue, because he is
the lawful husband of the defendant. 2n., That the complaint does not state
facts sufficient to constitute a cause of action; and 3rd, That the plaintiff
has an adequate remedy at law.
It was the demurrer on which argument was to have been made
yesterday. This case originated in Dodge county.
It was then transferred to the Jefferson count court, then to
the Rock county, and finally it swung around to Dane county. A divorce case is
also pending between the parties in the Rock or Jefferson county court.
Mrs. Cody claims that Dr. Cody possesses as much as $15,000
worth of property in addition to that which figures in the case now in the
court.
WR
Things
do not come to a stand-still awaiting the out come of divorce proceedings. A dispatch from Madison to The Sentinel dated
the 23rd says:
On the application of Mrs. Theresa Cody, wife of Dr. Cody, in
the celebrated divorce case of Watertown, Judge Sterwart of the circuit court
today appointed P. N. Waterbury of Jefferson, as receiver of Dr. Cody’s
property. The court granted $75 per month to both Dr. and Mrs. Cody during the
pendancey of the action and directed the receiver to pay the taxes on the
homestead now deeded to Mrs. Cody and also on a dozen count farms retained by
Dr. Cody, and enjoined Dr. Cody as well as his son William G. and all parties
to the suit from transferring any of the property.
WR
One
can easily imagine Wm. Cody bristling at the rejoinder. Apparently he did so
and also took some action.
Wm. G. Cody was arrested yesterday by Sheriff Bullock on an
order from Judge Bennett, charged with committing an assault on Mrs. Cody June
16, using abusive language to her and removing property from the homestead in
the Fourth ward. Damages are claimed for $20,000. He secured $3,000 bail for
his appearance, Dr. Solliday and C. H. Hahn becoming his sureties.
WR
For
the next two months little of any importance is accomplished.
On behalf of the defendant, C. R. Feld, court commissioner, took
testimony of witnesses yesterday in the case of Theresa Cody, plaintiff,
against James Cody and Wm. G. Cody, defendants to be used in the Dane county
circuit court, July term. Miss Ella Peters was the only witness examined. This
morning Judge Stewart ordered a stay of the proceedings.
WR JULY 13, 1887
THE CODY CASE
In the Dr. James Cody case before the Dane county circuit court
in Madison last Wednesday, the question was upon the summons of Judge Steward to
show cause why a guardian should be appointed. By the consent of all parties
and without prejudice to the right of the counsel of Dr. Cody, A. L. Sanborn,
of Madison, was appointed guardian “ad litem”. In the case of Dr. Cody against
Theresa Cody and Daniel Jones, to recover certain mortgages etc., a demurrer of
the defendant Theresa Cody was argued and submitted. The judge took the matter
under advisement. In the action of Theresa Cody against Dr. James Cody for the
divorce the case was continued until the fall term.
WR
Madison, Wis. August 19-- . Some time ago Dr. Jas. Cody of
Watertown instituted a suit against his wife, Theresa Cody, et al., to recover
a large amount of property in their possession, which he claimed was
fraudulently obtained from him while he was in such a disordered mental
condition as to be incapable of transacting business. His complaint was
demurred to, and it was denied that his condition was such as he represented it
to be. Today Judge Stewart, the Circuit Court, overruled the demurrer.
WG
The
fall term of Circuit Court begins ten weeks later. The Cody case is one of the
first to be taken up.
A final settlement has at length been reached in the celebrated
Cody case. All the suits, and from the beginning there were about twelve of
them, between Dr. James Cody, Theresa Cody his wife, and Wm. G. Cody, Dr.
Cody’s son by his first wife, are dismissed and settled, stipulations to this
effect have been duly signed by the parties within the past days. Mrs. Cody
accepts $4,000 in lieu of all dower or other interest on Dr. Cody’s estate and
she reassigns all personal property which she had obtained from her husband,
including mortgages and notes. According to the stipulation Mrs. Cody takes the
two minor sons to support during their minority and she deeds back the
homestead valued at about $7,000. A judicial separation takes place between Dr.
Cody and his wife by a divorce granted by Judge Stewart, of the Dane county
circuit court, on the ground of desertion, Dr. Cody having lived apart from his
wife for two years past.
Mrs. Cody removes from the homestead within fifteen days. Thus
the curtain is drawn on one of the most celebrated cases that ever appeared in
the court calendars of the state. It has been a long, bitter legal contest. The
litigation between the parties at least $12,000 has been expended in taking
legal proceedings. Dr. Cody’s large practice is ruined and out of his once
valuable property about all that is left is the homestead, the Fifth ward farm
and some $5,000.
WR