Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1879-11-08
MARITAL INFELICITY.
TRIAL OF JOSEPH HEBERT
FOR BEATING HIS WIFE.

Z ZION mat he DID Nothing OF the
Kind-What all the Trouble Was
About. ~
A few days ago Mrs. Joseph He-
bert, of this city, left her husband,
sitter . dispute about trivial matter.
A phrenolosist was giving lectures
in town. She had attended his
Wednesday evening lecture In COM
pany with her husband. The next
evening her husband refused to take
her because his Miners Union books
had to be posted. Mrs. Herbert got
angry ct this, and left. He asked
her to return, but she refused. He
then gave her the keys Of the house,
told her he wanted none of the prop.
erty, and left. She besought him to
return, but be refused. Finally, she
threatened to compel him to support
her until they were divorced, where.
upon he came to. the TIMES ONCE,
and procured the insertion OF an ad.
vertisement warning people not to
trust her on his account. This notice
was first published Wed nesday morn.
ing, and few hours afterward He.
bert was arrested for assault and
battery. The man has lived In Silver
for over ten years, and has always
been considered highly respectable
young man. The trial came of yes
terday before Justice Harkin and q
jury composed Of j. G. Mackenzle, r.
J. Kilday, John ,Langabeer,. Sam
'Tangye,i Aaron Powell, II. g. Glenn,
H. Myers, Theo. vinson, William
Vance, I. Haas, John Sullivan, and
- Killean. - = e-ss. ''
THE AcCUsER ON THE STAND.
Mrs. Hebert was the first witness
called for the prosecution. She Is q
blonde, OF medium hight, slim build +,
girlish face, and quite pretty. A
slight bruise showed mp under her
left eye. She spoke In low tone,
and with downcast eyes. She said
that on the 30ti Of October she want.
ed to 20 to lecture; her husband
opposed her; she said she would go
anyway; her husband said he would
see about that; she Insisted she'
would go, and would have her lib
erty; he then strgck her In the face.
strangled her, threw her down, and
kicked her on the knee, elbow, etc.
She had been married to Hebert
about three months. When her hus
band struck her she screamed, ran
tn the window, and broke a pane of
glass. She then ran out of the house,
her husband opening the door to let
her GO. Her complaint was sworn
to yesterday. When she saw the ad.
vertisement in the TIMES she deter
mined to maintain her rights. 20
Mrs. George Wey testified to hav-
ing seen two or three bruises about
the size Of two-bit piece on Mrs.
Hebert's leg.
THE DEFENSE. t-.'
While the testimony WAS being
taken for the prosecution the theory
Of the defense was stated. 1t would
claim that the defendant never raised
his hand to his wife except to put a
stop to her vile temper, and keep her
from breaking the crockery and fur
niture. f., t-9--E
Joseph Hebert, the defendant, was
called: He Is Financial Secretary Of
the Silver City Miners Union. His
testimony as to the dispute, agreed
with that of his wife. except as to
the language used. She was very
emphatic and struck the table twice,
saying. an 60 and make you come
or III get another fellow. Damn
you, III go where l please, and If
you don't like IL you eau leave"
When she struck the table she had a
knife in her hand. Herbert caught
hold of her wrist, saying: "Are you
going to break all the dishes? Hush
up! don't want all the neighbors
to hear."@ She slapped him in the
face, yelled F" Let so OF mel" and
started for the door. He then caught
her around the waist and drew her
back. All this time she was calling
for help and saying that she would
20 IL she had to go through the
window. Seeing she was bound to
go he opened the door and let her
out. There was a baby. board in the
door, which she did not see. She
fell over this, and that accounts for
the bruises. She then said: You
da,nuod son NJ a hitch I'll tell the