The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-05-30
WILL he GET HIM?
John Hogan's Application for {
Writ Of Habeas Corpus.
THE STORY TOLD Blythe MOTHER.
TIE Rush for Naturalization in the Third
DiStrict-Another DivOrce-POlice
and Probate Cuttings.

The matter of the application for writ
of habeas corpus, by which joan Hogan at
tempted to secure possession Of Patrick
Francis Hogan, his son, was heard by
Judge Anderson in chambers yesterday.
The boy in question, bright little fellow
of about eight years, was in court under
the care Of Father Kelly, of All Hallows
college, at which institution the youngster
is now pursuing his studies. Hogan was
divorced from his wife some time since, and
he now seeks to obtain the boy and take
him back to Bridgeport, Conn. where his
father resides. Heintroduced considerable
evidence TO show that his character was
above reproach, but each witness SWOre
that he was a gambler by profession.
Hogan testified that his father had made q
will in favor OF the boy, conditional upon
the boy being taken to Bridgeport, Conn,
and educated in the Roman Catholic faith.
The property TO be inherited by Francis
Patrick Hogan on his majority would
sand or seven thousand dollars. On
being asked by the judge whether, in case
it should be decided that the boy should
remain in his present residence, he would
do anything for him, he replied
that he certainly would not, because
he thought the boys mind was beng
poisoned against him. On being asked
whether he proposed, in the future, to con
tinue in the same business as ne was at
present engaged in, ne said ne did not
know. If he could find something that he
could make more money at, he would prob
ably abandon his present profession.
The only evidence offered against tie
granting of the writ was that given by
Mrs. Hogan, the mother of the child. She
said she was married to Hogan in July,
1880; that his conduct towards both herself
and the boy had been harsh and brutal, and
it was for that reason and that alone, the
boy was afraid of him. Since her mar
riage, she had travelled through Idaho,
Montana and Dakota, and in all these
places the applicant for the writ
had piled his vocation as a
gambler. He had always given
her the necessaries of life but these were
not the only things necessary for the happi-
ness of a wife. During the time she lived
with Hogan, he was at home only when he
was asleep. He would be out all night
and sleep all day. She was perfectly will
ing to have the child remain at the college
where he was now pursuing his studies,
and where both she and her former hus
band could see him at any and all
times. She had never taught him to
treat his father disrespectfully, but on the
contrary had told him that he must honor
and respect him. When the divorce was
granted, she said, Hogan had given her the
boy, with the remark that he belonged 20
her, and that he would not trouble about
him After that he tried to steal him from
her mothers.
To Varian she said that when
she married the defendant he was
in the same business he now fol
lows, and she was well aware of it.
Further she said: 81 was not engaged to
be married to Al Smith. can give no rea-
sons whyI wrote letter to him-the letter
you have IN your hands. | was in Salt
Lake city when the letter was written.
Mr.. Smith is a freight conductor of the
Union Pacific. 1t was the year before last
that our marital troubles began. Hogan
complained of me and l of him, and matters
gradually grew worse until a divorce sep
arated US. have no means myself, but l
am willing to work and educate the boy
the best 1 can. My brothers, also, would
assist me. 1 am sure 1 should be able to
keep the boy at college in case the support
of the father should be withdrawn. No
matter what should happen, the boy would
always have home am not Catholic,
but do not object to him going to Catholic
school. I have no religious convictions of
my own"
The matter was taken under Amusement,
and a decision will probably be rendered
to-day.