, 1874-05-12
THE wrNDIArE CASE.

A motion was nado, yosterday afternoon, to
dissolve the injunction granted in tho case of
Mary l.. Windiate against William T. Windate
Tho bill filed about ton days ago, charges the
aefendant With extromo cruelty, with denying
her food and clothing, and compelling her to
perform the work OF servant, cto.
DEFENDANTS REPLY.
Mr. Wintliste flied Al answer, denying tho
charges Of tho BILL and alleging that he
lad always kept her we'll supplied with
money; that Bhe had takcn boardete on her own
account. aud Eal received tho profits therofrom.
He also denies that lie Is worth $500, 900, but is
possessed Of S50,000 OF stock in tho Swansea
smelling Works. The answer also charges tho
complainant with tho use Of improper language,
and other unwifoly conduct.
AFFipAITTB FOR THE WIFE.
In support Of the motion to dissolve tho iu-
Junction. tho defendant offered tho at1idayita OF
Michael Iraver, Adam Smith, Matthew Latlin,
a,th,t Nathan corTith, Stephen r Lnnt, Y. r Cool
character Of the dcfoudaut and tho friendly ro-
lations Of tho parties to each other.
Tho complainant read tho afltavits Of Annie
Nelson, Oscar Skinner, J. 4. J. Kouig and wife,
the hey. Francis Mansfield, the Rev. II, C. K,I-
ney, the Rev. Il. N. Powers I. n. Stiles. Nary
]. Wimdiate. Joseph Haycn, Mary =. Hnyon,
John Z. 6tridiron, and othcrs. Annie Nelson.
who was q servant in tho family Of Dir. Wiptliato,
testified to lls harshness, and the hard work tho
esD7m9plainant . was obliged to perform. Oscar
grocery bil1a from january last Ind averaged
s7A . week. Mrs Dodge, the mother Of Mrs.
Windiate, testified III Aor affidavit
that sho had seen repeated acts Of
The washerwoman Of tho family also added her
mite in favor Of Mrs. Windiate, tcstifying that
aho had aeon the complainant washing quilts,
blankets, etc., md doing tho cleaning Of tho
house. She bad shown witness black and blue
caiyea from her husband. Mrs. Wiudiato had
told her SHE WAS Obliged to do such hard wort, to
get money to pay tho help. 1lr. striliron, tho
ca,1a ossh1'r tsat,,1 ot the a1e 1tatsd that he
of ns ss'y wnsao the a1ss nss saup sas'"'os
momber Of the Church Of tho Atonement with
her. Iu regard to Winlinte's statomont that lilo
swansea Smelling Worita wero and had boen un-
profitable, nfiiant romarks TINT he has received
Times, to the effect tl,at the smelling works
monthly dividend. Judge Gookins y aso Rs, iui had
some evidence to give on tho subject Of Mr..
ho bad obtained s' divorce III ia Utah. Utah.
Ho had been employed by the wIfo
to got alimony which ho succeeded in
Obtaining. A. long discussion Of neatly throp
hours succeeded after reading the at1idavits.
JUDGE FAnwELL
declined to modify tile injunction or dissolve It.
He remarlscd that lo would be inclined to do so
II the wife could hayo eome other security mndo
for her. Tho writ Of ne exeat might be allowed
to atand as some security for tho dofondant's up
pearance, but the wifo should bo allowed some
security that she should have all.nony il sho
succeeded In her suit, aud to Compel
tue attendance Of the defendant to answer
any order Of the Court. Tho papers
show that Wfudiato has resided Bomo time iu
Utah, has property there, and. II oyery restrio-
ton were rBmOy0l. ha might ro th6rB nrniu and
noyor return. He once obtained i Utah divorce
from former wife; ho might now repeat the
same operation, especially il his o1ly attraction
here was vito With whom he 10 querrolinng. In
and then bo loft ponnileas. Not only had sho d
right to ho protoosed, but the public had n
right also, that alo should not be left
without support. II his character was 90
good ho would have no difficulty III procuring
security. Flo would, therefore, mike no order.
hoping that the counsel might agreo on some
way 10 arrange the difficulty, 80 "a to release
the urouerkY.