NEWS ARTICLES

Union County Illinois Genealogy Trails

Her Honor Vindicated
Shameful Attempt to Besmirch Character of Woman Fails

 Transcribed and submitted by Darrel Dexter

            State's Attorney W. D. Lyerle was engaged in a sensational divorce trial at Harrisburg last week, winning a complete victory for his client, a wronged and persecuted woman whose own husband concocted a vile conspiracy against her.

            Miss Gertrude Carter was a Union County girl, a daughter of Calvin Carter, a well-to-do farmer who has long lived between Anna and Cobden.  A few years ago, and when not much past the age of 16, Gertrude married a young man named W. C. Lilley, also a resident of this county, living at or near Anna.  The father opposed the match, and an estrangement resulted between him and his daughter.  Mrs. Lilley patiently endured ill treatment from her husband, but when he charged her with infidelity she left him, going to a married sister in Cairo.  Lilley then brought suit for divorce, naming a prominent physician of high character at Harrisburg as co-respondent.  When the father heard his daughter's story his sympathies were enlisted and his indignation aroused, and he engaged Mr. Lyerle to go to Harrisburg and look after her interests.  The result was the complete discomfiture and humiliation of Lilley, if such a creature can be humiliated and the return of the wronged wife to her girlhood home with her name untarnished and her honor vindicated.

            The rest of the story is told in the following from the Harrisburg Evening Chronicle of April 9, and from the vigorous expressions used one can easily judge the sentiment and feeling there:

            "The sensational Lilley divorce case ended in circuit court here Friday with a complete victory for the wife, who has been so shamefully persecuted in this scandalous suit and with Dr. Fuson whose character has been so bitterly assailed, standing exonerated before the community.  The original bill charging adultery was withdrawn, also all evidence and the complainant's answer to the wife's cross bill.  The court granted the wife a divorce on the charge of extreme and repeated cruelty and she was given her maiden name.

            "The case, which was begun in circuit court Wednesday, has attracted widespread attention and the court room has been filled during its progress.  Early Friday morning the crowd gathered to hear the attorneys' arguments and as Attorney Whitley, representing the complainant, arose and addressed the court in withdrawing the suit, the silent surprise throughout the room and the rejoicing in the hearts of many friends of Dr. and Mrs. Fuson, who have so bravely stood together through it all, made the scene a most impressive one.  The little woman, who has been subjected to every cruel and shameful indignity conceivable, is not very well acquainted in this city, but this ordeal, terrible as it is, has won for her a host of friends who have been confident of her innocence since the first morning she appeared in court.  Her father, Mr. Carter, who is one of the most highly respected citizens of Union County, has never left her side.  And the good citizens of this city are proud to know that he can take her back to her girlhood home with her character still above reproach.

            Attorney Whitley informed the court that his complainant desired to withdraw the original bill, charging adultery, also that all their evidence be stricken from the docket, and the court was further informed that there would be no answer to the wife's cross bill.  The court discharged the jury and granted the wife a divorce on the charge of extreme and repeated cruelty and restoring her maiden name, Gertrude Carter.  Judge Lewis delivered a short but impressive address in which he said, "There is no evidence in this record against her of the charge of adultery and the charge is now withdrawn.  She has testified, and has been corroborated here about repeated acts of cruelty inflicted on her by her husband and this was not denied and is sufficient to justify her to be entitled to a divorce."

            Those who have firmly believed in the innocence of the persecuted were extremely anxious to hear the pleas of Attorneys Lyerle and Lewis.  They were not uneasy as to the outcome of the trial and they could not have hoped for a more complete victory than this.  Had the jury vindicated the woman there might have remained in some a doubt as to her character, but as it is now, with her persecutors withdrawing the terrible charge and all their disgraceful evidence, thereby admitting in spite of the defiant and detestable spirit they have exhibited that they were whipped at their own game, there can be no doubt in any sane mind as to the little woman's virtue and the motives which prompted this slanderous charge.

The audience was very impressed with Attorney Lyerle, who appeared in this court for the first time.  Mr. Lyerle is serving his second term as state's attorney of Union County.  When he began his opening statement to the jury Wednesday morning there were some whom feared because of his unusual manner, so different from the ordinary court room lawyer, that he would be too slow, but this opinion was soon changed as the audience soon realized that in Mr. Lyerle the defense had able assistance.  His tactful mention of the term blackmail was followed by a long and thoughtful silence, and it is said that this would have been one of the strongest points in his closing argument.  Mr. Lyerle is well acquainted with the Carter family, and he told the jury that he was proud to be before them to vouch for the character of that little woman and those who were acquainted with his pleading say that they expected to hear one of the most powerful arguments ever made in this court.  Happily it was not needed.

      Many were astonished at the manner in which the complainant sought to gain his end.  When he was under cross examination Attorney Lyerle produced a letter written to the Anna Democrat in which the writer requested that paper to publish the first news article published in the Chronicle relative to the suit.  The letter bore the signature of the Harrisburg Chronicle.  This was a forgery, and when Lilley was confronted with the letter on the witness stand he admitted that he wrote it and also admitted that he had no authority to use that signature.  The only motive explaining such action seems to be that he hoped to discredit his wife in her home town, Anna.  However, the Anna Democrat did not publish the article.

The testimony of the chief witness for the complainant was the most scandalous and the most ridiculous ever heard in any court room.  Dr. and Mrs. Fuson are among the most highly respected citizens of this city, and to the thinking people this has been one of the most outrageous attempts to blacken the character of an innocent man that they have ever known.

(Jonesboro Gazette, Jonesboro, Illinois, 16 Apr 1915)

  (Note:  Mary Gertrude Carter was born 22 May 1895, in Union Co., Ill., the daughter of Calvin and Mary Elizabeth (Cauble) Carter.  Calvin was the son of John Calvin and Rachel (Hartline) Carter and Mary Elizabeth was the daughter of Willis and Mary Jane (Kimmel) Cauble.  Mary Gertrude married Clifford Lilly.  They had one child who died at birth.  She married 2nd Jack Sullivan.  Mary Gertrude died 17 Dec 1965, in Glendale, Calif.  She was the sister of Lawanda (Carter) Wiley, Union County genealogist.)


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