Telegram-herald., 1888-01-10
ANOTHER DAY OF CLAY
coUsT cRouoso VITA sPscTAToEs
fEt4ass Esksrest sksza - tie Prssssa;tas s
Attsrseys sa4x-tas tt4s24A1 ga
khs Staaa a gaia 4 szterdas
ANsr4sso2-

ths ssaaa s<.fA Yesterday
An4r4ss1-
Whsa s. D Cay resamsd ths NilEess
s,and yesterday afsrn90a Is 2 o'eseex sssFy
sea: ia ne Sacsriar cosFt Hss tAksa aaa
ssaBding Fo0El ~ss a. a premium A Huni-
ssr Of iAei4z ssrs II asgsndaace, togetnsr
vita nlzny attorneys. Mr.. Clay sad ae
naEsr sfn 5. oye4 counsel 20 bring salt against
Deacoa Richards for alisaslias ths zltssgi9os
q his vie. nsFer ASKED =. :. Ezglsss0a -
draws = dselAration for tas eomms1csmen
0f slca a .ait AGAINST Dsac0a Richards
never employed Hr. Egglsston A. coanssi "a
the aozid shen Ar. Clay s4s IN EareFs
became satisfied gnss either Dsaccn
Richards % Ar. Putnam was re-
spons...e for her bong stay there.
a. she bad agreed TO stay only three mout5s.
spoke OK tks 10 Different eRss. Plsint1 :
eouasei protested vigorously TO the Intro
dussti0a 81 ties aud Nss answered. n a
spirited way ~ the defense. oassli0n
allowed. Ga being asked II be lad efn-
plOysI Egxlssio1, SIR. Clay ienarket tcat
90 had told he facts IA Mr.. EgglsstOa IS
friend sHa not a. 4 lawyer; a'tes lie WAS IN
formed OF Mrs. Gays intending 70 prolong
her absence. he knew that there was some
influence Al work counter 10 his OVID. when
Deacon Richard said thar his daughter was
70 remain away q year. Mrs. Clay being
with asri be remarked that II his daugh
VAS 10 be gone year the Dsaoon's wife
/ had better come and take care
OF bis Gays daughters. was not
/ Joking when dc said that. tut was In ear
nest, aid not, h0seger. threaten 20 o-iag
sult against hin; saw LAWYERS. and asked
them II n party would make himself re-
/ sponsible If he should keep a wife away
from her husband, had no conversation
| with Deacon Richards ia regard 10 bringing
suit AGAINST him, but afterwAEd talked with
the urm OF Smiley & Earle ABOUT II, when
! Smiley said, You wait until telephone.
and Ill tell you which side III be on.
1 [ Lsushter.l He telephoned and said he
/ would DC on the other SIDE.
Mr.. Smiley: DO you mean 70 say that
you employed me as counsel"
Mr.. Clay: "No. sir"
| Mr. SMILEY: did you ever go 20 Ar.
\ Earle when ! was out of the city and tell
/ aim thar yOu had engaged rs as COUNSEL
Ana No, sir, i did not; but l wanted
| your hsm, as they we're good lawyers.
Thanks ar. Clay for the complainant"
| Laughter.
Cross-examination resumed. He paid
the bill at Petoskey. Was asked how hs
paid il, and Ar Mitchell entered an oojec-
tion. Mr.. Smiley stated that he wished to
snow that Mr.. Cay sent for his wife and
she psit the bill out of ber own pocket,
while be bad been drank, had gambled and
lost his money. he intended To prove that
bis general character was suca a. TO induce
his vile TO leave him. The question IS &c
his general character being brought out
was argued az length by counsel ON both
| sides who cited cases in substanIiation O
their views. Counsel tor plaintiff
claimed that il did'not matter whether she
paid the bills or he paid them. 1t diu nol
alect his character. He might and dis
borrow Of his wife and OF friends and paid
them back in an honorable way. Ttess
matters do not affect his character as 9
| husband or In regard TO the plaintiff en-
ticing away his wife. Mr.. Smiley said thai
the action was brought against this de
fendant because he has deprived him of hi:
wife and broken up his family. Hi
character is ia question, wheLher be j!
sober or drunken, whether he stays a
home or runs after other women. lt Is Gus
tomary for = man when he goes away Tor a
vacation in the Summer TO caEgy enough
money with him to pay the Expenses o.
the trip. Then if he meets legal friends
plays cards and becomes dead broke" tele
graphs for his wife, who comes with pock
e.fui OF money and settles al this bills
doeza't this show that he is man OF n,
fine feelings, ssnsisilities or honor?
Mitchell. for thedeiense, said in substance
that If the defense could bring authority tt
show that the question should be not over
ruled he was prepared TO meetit Had always
supposed that under the State laws tbs
money earned by the wife was the property
OF the husband. I2ue b er.1 Asked If /
was cruel for husband 70 borrow none,
OF bis wife as no would OF friend. He haC
| borrowed Of his wife and of friend anC
had paid back ike a gentleman. was tina
any reason why she should sue for a di
vorce? Il was not for the defense to answe
3 state OF affairs in direct opposition TO TIT
testimony. II woman msrries q mar
who drinks she mustn't complain If h
drinks afterwards. IL she marries a SPORT
ing man she mnst rot complain il he is
sporting man still; OF IL she marries law
yer and be remains a lawyer. All have
right TO exercise their own Judgment
! Continuing. he said. iii want TO go 70
horse race, Mr. Smiley has no business &
say that my wife ought % leave me-"
Mr.. Smiley arose and in regard 70 th'
authority cited the case OF Perry against
/ Lovejoy IN the Supreme Court OF Michigan
he went on to say: They claimed tb
other day that IL was not necessary &
>
induced Mrs. Gay 10 leave her husband
bat to prove il BY the circumstances. Ill
csims thSt he has right to 20 to a hors
race | adinit that he mas If he has pro
vided for his wife before leaving and 81,
not get drunk sDd gamble away all hi
money so thar she would have to com
and pay up
Mr.. Mitehell-'I suppose you would cal
thai cruelty?'
Mr.. smilsy-"Yes, cruelty 70 animals.
Iaughte-.l Nov I don't say that ever
woman Eould leave her husband for on
such time. though some might Bnt a
say that for repetition after repetition O
such performances might cause her TO q
So"
The Court remarked that Mr.. Smiley hEl
been pretty fra in bis remarks sbSu
drunkenness and gambling AMI thops1
that il might perhsDs influence the jury.
-''S0rry TO hear Mr.. Smile
indulge IN such remarks as be IS one Of th'
bsss lawyers in The state."
Mr. Smiiey-"Mr. Cay has testified tia
he las drank % excess and zanoied."
Nr Ci2g-"i have nos, and you cant ss
thar hut once more
Nr Smile7 Thought he would try 70 DC
it more mildly. he vas trviug 20 sh0'
Whistler &c had a good reason to leave o
whether there vas an outside course. Il
regard 10 M7s Cay haViag married th
plaintiff knowing bis hs9its. i was under
stood thai daring t1e 5x0 vssgs previous b
vas posing a. = reformed man and wsu
sonut SWING temperance lectures. II b
had been x1ilty OF irregularities before mat
| risge. Should she submit 70 sBch indignisie
sfservsrd1 Toe courts provide q 6iToyc
/ for adailery and Mrs.. Gisv had right {,
lsave him Il he hes broken his marrikg
vows II man = bad whsn be msrrie'
there - his chance % reform Y ever. and
~ ara - be ses waaf toe papers say. tner
= an iilnsfrf1a ease ia this couutrT Mean
/ ff,-.f.e.H s.r- sas-srs ras14s