Last Laugh

In Cook County Jail last week languished Alma Fergerson, 52, whom the tabloid Chicago Sun-Times labeled "prisoner of love." In 1949 she met Roy Fergerson; he was already married, but they moved in together anyway. Mrs. Theresa Fergerson won a divorce on grounds of cruelty without naming Alma as corespondent, then sued her for alienation of affections* and last year won a $25,000 judgment. "We haven't got $25,000," said Fergerson, a trucking supervisor, who had married Alma by then. But the first Mrs. Fergerson had other means open to exact payment for her lost love.

In Illinois, a defendant who loses a tort suit and does not pay the damages can be jailed if "malice is the gist of the action." And as charged in Theresa's suit, Alma "maliciously" alienated Roy Fergerson's affections. She could thus be jailed at the wronged woman's discretion, and last week she was. Willingly, the first Mrs. Fergerson paid the jail fees for incarcerating the second: $1 admission and $3.50 weekly. "This whole thing is silly," wailed Alma, who can be kept in jail for six months. Snug at home, the former Mrs. Fergerson trilled gaily: "I honestly don't know if I'll keep her there for six months. I've been through a lot, but I can still laugh. Give her my love."

* In 1935, when "heart balm" was a headline phrase, the Illinois legislature passed a law forbidding damage suits for breach of promise or alienation of affections. In 1946, however, the Illinois Supreme Court declared the law unconstitutional, saying that it "tends to put a premium on the violation of moral law, making those who violate the law a privileged class, free to pursue a course of conduct without fear of punishment, even to the extent of a suit for damages."

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