Rochester, Monroe, NY Times Union July 17, 1925 WIFE GETS SEPARATION IN DECISION Court of Appeals Says Israel Jacobstein Was Cruel and Inhuman in His Attitude Toward Mrs. Jacobstein Mrs. Tillie JACOBSTEIN of Cumberland street, wife of a Rochester and Syracuse cigar dealer, is upheld by the court of Appeals in a decree of separation obtained in the lower courts. The decision of the Court of Appeals holds that marital infidelity on the part of a husband constitutes cruel and inhuman treatment. Supreme Court Justice Benjamin B. CUNNINGHAM awarded Mrs. JACOBSTEIN a decree of separation in December, 1923, together with custody of the one child and alimony of $30 a week. Through his attorney, Philetus CHAMBERLAIN, Israel JACOBSTEIN appealed to the Appellate Division which affirmed Justice CUNNINGHAM'S decision by a vote of three to two. The case was then taken to the Court of Appeals at Albany with the noted result. Mrs. JACOBSTEIN charged that her husband was intimate with Mrs. Margaret S. SHULTERS, of Amity street, before and after their marriage. The JACOBSTEINS were married January 11, 1920. In his decision Justice CUNNINGHAM reviewed the charges of the plaintiff that the defendant was addicted to the use of intoxicating liquors and that he became intoxicated on an average of once a week, disproving this charge as he did the assertion made by the plaintiff that the defendant was an inveterate gambler. However, Justice CUNNINGHAM stated there was some reason for the plaintiff's belief. Taking up the question of marital infidelity, the court found that JACOBSTEIN had lived on terms of intimacy with Mrs. SHULTERS for eight years before his marriage, and that he had promised to marry her. While on their wedding trip, Mrs. JACOBSTEIN learned that Mrs. SHULTERS was about to start an action against her husband. JACOBSTEIN was seen leaving the home of Mrs. SHULTERS July 13, 1922, and immediately afterward went to Syracuse. Since that time he did not live with his wife nor attempt to live with her, the decision stated. **** DAUGHTERS OF SCOTIA TO MEET THIS EVENING Daughters of Scotia will meet this evening at Union league Hall when District Grand Deputy Past Chief Daughter Agnes WILLIAMSON will make her official visit. Farewell will also be said to Past Chief Daughter Margaret McKINLEY, grand Deputy of Lady Douglas Lodge, Syracuse, who sails with her husband for Scotland July 25. Every member is requested to attend the meeting. **** MAN SLIGHTLY HURT HEAD HIT BY POLE Robert EADIE, 31, of 1210 Main street east, suffered minor injuries to his head this morning when an iron pipe, which he was helping to load onto a truck at North Water and Franklin streets, slipped and hit him in the head. EADIE is an employe of the Rochester Gas and Electric Corporation. He was taken to the Homeopathic Hospital in the ambulance. **** BOYS RING FIRE ALARM Police of the Joseph avenue station are busy looking for two small boys who, shortly after 10 o'clock this morning, pulled fire alarm box 57, at Portland avenue and Holbrooke street. Fire companies under Battalion Chief SLATTERY made the run. There was no fire. **** URGES TAIL LIGHTS FOR HORSES Chicago, July 17 - Alderman Donald McKINLEY introduced a bill requiring all saddle horses to wear ‘tail lights.' There is so much night horseback riding, says McKINLEY, that it presents a serious menace. **** GAINESVILLE BRIEFS Gainesville, July 17 - Principal and Mrs. G. A. PERCELL of Jamestown, have been the guests at the home of her brother, L. S. DUGGAN. They also spent a few days at the DUGGAN cottage at Silver Lake. L. B. STAMP has sold his real estate to Oscar SLOCUM who will make it into an up-to-date barber shop and billiard room. Mr. and Mrs. Charles BARKER and Mrs. Louis JELL of St. Louis are in town, called here by the death of their daughter and sister, Mrs. John PRENTICE. Mrs. Evelyn HICKEY of New York is spending a few days with relatives in town. The Gainesville baseball team will play the Wyoming team on the local diamond Saturday afternoon. Mrs. Adell WILSON is spending a few days with friends in Eagle. Mrs. Jean EASTMAN, Mr. and Mrs. Floyd EMMONS and children, Mrs. Mary CARPENTER and Mrs. Stanley SLADE of Rochester were in town this week. Mr. and Mrs. Albert GAGE of Lamont and Mae GAGE of Cleveland called on friends in town recently. Hazel YOUNG of Cleveland has been spending several weeks with her parents, Mr. and Mrs. Frank WILSON. **** To prevent a person's hands being caught in a clothes wringer a Chicago woman is the inventor of a wringer to which clothes are fed on a belt and that keeps the fingers several inches out of danger. **** EASTMAN PARTY STARTS JULY 26 Sunday, July 26, is the date set for the leaving of George EASTMAN and members of his party for a six-weeks trip through British Columbia. Through an error, yesterday's early edition of the Times-Union gave the date as next Sunday. **** FALLS IN HOT COKE; ARM BADLY BURNED F. H. PICTSCHMAN, 50, of Wulff's Hotel, State street, narrowly escaped death or serious injury late yesterday afternoon when he fell into a carload of hot coke which he was helping to unload at the Fall street plant of the Rochester Gas and Electric Corporation. His right arm was badly burned and he was taken to the General Hospital in the ambulance. **** Find ALL of the News Abstracts for Monroe Co., NY at http://www.newspaperabstracts.com/NY/Monroe/index.html -- GjS