Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1888-01-27

to refer to respondents affidavit IN sspa
port OF his application for license TO
practice law in Colorudo-the effect ot
which will be considered hereafter. A
declaration of intention is not an inten-
ton, nor is declared intention" neces-
sarily an actual or real intention. The
proposition is, that from this hypotheti-
cal declaration and the other acts speci-
fed the law conclusively presumes an
intention TO change his residence from
Illinois to Colorado. think they are tC
be regarded merely as circumstances
tending to prove it, and that the inten-
ton is to be found, not as a presumption
of law from them or any other but as an
Inference OF fact from all the evidence
relating TO 1t.
In the recent proposition submitted the
hypothesis does include. together with
the removal to Pueblo and the circum-
stances attending it, an actual intention
OF making his home there for an indeh'
mite period" and that hold, as being
sound in the abstract, although | recall
the evidence in support OF the assump'
ton of indetiiniteness in the period of his
intended stay. The proof on this point,
harmoniZing with the whole theory OF the
defense, is that it was uncertain, bat not
indefinite. | apprehend the distinction
is material. An indefinite time is
without predetermined limit. II appears
that in the spring of 1882 respondent adj
vertised his hOuse in Mercer county for
sale, stating In the advertisement and as
the reason for it, that he expected to
leave Aledo this spring" that he made
the sale; that he also sold his abstract
books and some of his household fGrni-
ture, dissolved his business connection
there, settled his affairs as far as he
could, arranged with another citizen of
Aledo for partnership in the practice
of law at Pueblo, and left with his wife
for that place Of the 9Th of May; that on
his arrival there he opened an office and
commenced business pursuant to the ar.
ran2ement so made; that upon applying
for license to the supreme court he
made cath. as required by its rule in that
behalf, which was subscribed June 30,
1882, that sit was bona fde his intention
to become citizen of the state of Colo
RADIO and to make the practice of the law
his permanent and usual occupation, and
that he would commence the practice of
the law therein within three months from
the date thereof" and also filed there
with an affidavit of his brother in>sw.
an attorney Of that state; that he, the
defendant. was "a man of good, moral
character, and was resident of Pueblo,
Colorado" that after some months the
partnership mentioned was dissolved and
new one formed with an old resident
lawyer; and the business prosecuted in
that connection at that place until the
winter of 1884, when respondent with
drew, settled his affairs and returned to
Aledo.
The facts, unless explained conSlstent>
IL with contrary intentiOn, WOuld
clearly indicate that he had abandoned
his residence here. | think they have
been fairly so explained. Omitting de-
tails, the evidence shows:
First The sole cause of his going to
Colorado as he did, was the alarming
state of his wifes health. She was of
delicate constitution and had long suff-
cred from pulmonary weakness. They
had not kept house for two or three
years. She had returned from a stay of
six mouths or more at sanitarium in
Quincy. not materially benefited, with
the medical advice that more decided
sary, and in condition plainly coming
to be, if not already critical. Aledo was
the home of her mother, with whom she
was living. She was her only daughter
and only child residing in the state, She
was there provided with every comfort
procursble at such place. 1t had been
respondents home for seventeen years,
All his relations there were as satisfactory
as he could reasonably hope to establish
elsewhere. There was nothing to sug-
gest change as desirable except the
rigOr of its climate, and that only on his
wife's account. Peublo offered no ad
vantage, present or prospective, except
in that particular. Except for thst,-he
would not have gone, and for that hg
would as soon have gone to any other
place holding out the same promise OF
relief and restoration. For all reasons,
then, but the one mentioned, his interest
and inclination forbode his going. That,
however, was imperative and so he went.
These facts are fully proven by the testi
mony of John T. Mcbride. VIM. Shave
Capt. Morey. Mrs. Geiger, w. AbaCrom>
bic, M Taliaferro Mr.. Snyder, Mr..
Vivons, DR.. A. L. Craig. Mr. Jenney,
DR.. Hall and the respondent; and there is
no contradiction.
Second. His going for the purpose in~
dictated, was entirely experimental.
While he hoped for the best effect from
the climate OF Peublo, he could not be
sure and hardly confident; his purpose
was simply TO test it; beyond that his
plans and expectations had reached no
1nality, but were altogether uncertain
and conditional. No arrangement was
then made with reference to a settlement
anywhere. He might return, he might
remain, he might go further; whichever
it should be, would be determined when
the experiment ended, and by its result;
but his preference, his hope and his con-
ditional intentions were to return to
Aledo and there abide; to these he
steadfastly chung during all the period Of
his absence. l do not see how this can
be seriously doubted in view OF the tes,
timony of Salisbury. Elwell. the Kertch>
nors, Johnson, Brown, Anderson, Vests
colt, Miss Clay, Perkins. Holden, Owen.
DR.. A. L. Craig, Humphrey, Mr.. Geger
and the respondent. What is claimed to
be contradictory will be noticed hereaf.
ter.
Third. While it was understood that
the time of his stay in Pueblo was uucer-
tain, it was as l have already said, by no
means indefinite. 1t would not exceed
two years in pursuance of any intention
then entertained. If it should continue
longer it would be in pursuance of an in.
tention thereafter to be formed in view of
events. The Limitation OF his intention
as then existing to two years is expressly
shown by the testimony of Mrs Shove,
Mrs, Geiger. Mrs. Snyder, Mr.. Mcbride,
II. FL Mr.. Abacrombie. Miss Clay Mr.
John p Connolly, D. Frazier and the res
spondent. This limit was set by the adj
vice of his physician, that two years
would nrohahIv be reunired for a thor.