Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1881-08-19
SPRAGUE VS.. SPRAGUE.
ARRANGING THE PRellMINARlES IN
THE GREAT DIVORCE CASE.
The Question ofJu'isdiction the First Thing
in 0rder-PrebabiIity Of Secret
Sessions Of the Court Being
Held-Damaging Nature
Of Kate's Affidavit.
WILL PUSH IT TO An EARLY TRIAL
TIE sPRAaUE DIVORCE CASE.

TIE SPRAGUE EDlVohCEO OAoD'
Counsel Ask the Appointment OF Day
for the Trial-Confidence in the VIndi'
cation of Mrs. sprague.
KINGSTON, R. l., August lS.-The
Sprague divorce suit, which has been
slumbering on the docket since last
spring, has again been brought up for
action, and the probability is that within
three weeks the case will have a hear.
ing. Mr.. Winchester Britton was to
have been here Monday, but by acci'
dent he went through to Providence.
In the meantime the counsel engaged
by Mrs. Sprague met at the court house
and endeavored to get Judge Potter to
fix a dav for trial. Mr.. Clarke, OF Gov
ernor Sprague's counsel, being absent
nothing was accomplished, and it looked
as though the case was to have another
resting spell. But Mr.. Britton arrived
Yesterday, and in addressing the court
he asked for the
Naming OF an Early Day for Trial
He said that his client was impatient
for an opportunity to come into court
and disprove the foul calumnies sent
broadcast by her husband. Mr.. Clarke
reminded Mr.. Britton OF the compact
made bv counsel at the last hearing,
which was that the question OF jurisdic.
ton be heard and decided first, then the
main issue could be met. Mr.. Britton
said that he was not party to the
compact, and he utterly disapproved OF
it. His witnesses were coming, some OF
them from hundreds of miles, but he
could not tell which OF them could testify
to the fact of jurisdiction and which
would testify to sustain the main issue.
Judge Potter said that while in ordi-
nary cases it would perhaps be well to
fairly
Establish the Legal Residence of the Pc
ttIoner,
and thereby prove the jurisdiction OF
the court, in this case he was led to be-
lieve that the counsel will set forth the
fact that Mrs. Sprague was a domiciled
inhabitant OF Washington county, and
remained such until the habits and
treatment OF her husband forced her to
leave him. Therefore, if the absence
was forced one, she would still be a
resident of the county, and the court
would have jurisdiction in her bill.
Mr.. Britton said that was just what
Mrs. Sprague asserted and expected to
prove.
Judge Potter then said that he would
consult with the other members OF the
Bench and
Ina Day or Two Name the Time
when the trial can be had. He added
that he had one or two things to speak
of in connection with the case, which,
he would nov bring up. First, the
drafting OF the bill was not in accordance
with the general practice OF the Courts
OF Rhode Island. 1t was, in fact, a bill
OF particulars. The practice had
been only to make general
averment. II the present petition
was granted on the simple ground OF
non-support, and the petition was not
amended, it would appear on the record
as though all the allegations had been
proved. He therefore ordered the record
expuuged, and allowed the petition to
stand on generalities. He further gave
notice that in case any
Testimony of An Indecent Nature
should be produced he would hear it
with closed doors and in private, giving
as his reasons that he did not balieve
that the young people who might be
present would be benefited by hear
ing it or the public be edited by reading
it in the newspapers.
Mr.. Britton, after the adjournment OF
the court, told a correspondent that Mrs.
Sprague's affidavits were ready to be
filed; that they fully supported her al
legations, and were OF such a damning
nature that the Governor could not re-
flute them, and that Mrs. Sprague would
come out of the trial fully vindicated
from the accusations made by her hus-
band. He added that he would waste
no more time, but push the case to an
early trial, and hoped to begin in the
first week in September.