The DeSmet leader. (DeSmet, Kingsbury Co., Dakota [S.D.]) 1883-1891, 1890-11-22

| CrOSS.eXamlne any witness or Call
any witness in behalf of Mrs. O'Shea
or take any part in the proceedings.
This collapse o. the defense has caused
an immense sensation and involves
the condemnation of Mr.. Parnell TO
roy tlte eosts,
WITHOUT DEFENDANTS.
The course pursued by Mr.. Lock
wood, of counsel for Mrs. O'Shea, in
abandoning all Intention to either
CrOss-examine or call witnesses on be-
half of the defense, mas very materially
altered the position of the famous
case.
Mr.. Clarke, of counsel for Capt.
O'Shea, in calling attention to the
changed complexion OF affairs, said
that the prosecution found itself in
court with neither respondent nor
co respondent to participate III the
conduct of defense.
In responCe to a question by Mr..
| Justice Butt, Mr.. Clarke said that the
counsel for plaintiff had been unable
to find that any one was in court to
appear for Mr., Parnell, and that the
suit would therefore seem to be unde-
| Tended.
Mr.. Coward briefly opened the case
for the petitioner. He said that, as
he understood the case, the respond
ent denied that she had committed
adultery, as did also the correspond
ent. The respondent, he said, in ad-
dition to her denial, further alleged
that the petitioner had Connlved at
her adultery; had willfully separated
himself from her and vas guilty OF un-
reasonable delay in bringing the aC-
| tion against her,
Mr.. Lockwood, for the respondent,
stated that he did not intend to cross
examine any OF the witnesses called
for the petitioner. He would not call
any witness on the behalf OF Mrs.
O'Shea, nor take any part in the pro-
Ceedings.
Mr.. Clarke, OF counsel for Capt. o.
Shea, said that Mr.. Lockwood 3 an
nouncement had seriously altered the
position now that neither Parnell nor
Mrs. O'Shea would take any part
in the case.
Mr.. Justice Butt here remarked:
"The situation is quite new to me, "
and asked, "Does any one appear for
Mr.. ParneIl?"
II have inquired" responded Mr..
Clark, "but find that no one appears
for him. 1t is therefore an undefend-
ed case"
Continuing, he said, that in the in
terests Of his client, and in view of the
remarkable pleadings, it would be
necessary to prove the petitioners case
by sufficient evidence. The petition
for q divorce, he said, was filed IN De-
Cember last. Mr.. Parnell had then
put in n simple denial OF charges Of
adultery. Mrs. O'Shea did not content
herself with a denial, but made counter
charges against her husband alleging
that he had committed adultery with
a number Of different persons, lnclud-
ing her own sister, Mrs. Steele. She al.
so charged him with cruelty and with
having connlved with her adultery for
a period extending over a series OF
years. The plea almost amounts to
a confession OF adultery.
THE HUSBAND WAS CRUELTY ANNOYED
at the defendants charges, but he
(Clarke) would be able absolutely to
disprove every possible seggestion
against him. He could show that the
charge of conniyance was groundless;
that when O'Shea first heard OF the
intimacy between his wife and Parnell
he challenged Parnell to fight duel
on the continent. That continuous
acts of adultery had been committed
by the respondent and correspondent
would be placed beyond doubt. Wit
nesses would prove that while the re-
spondent was visiting i'll Bedford
SQUARE she was visited by Parnell,
who went under the name OF Smith.
At another house he visited her as Mr..
Stuart. On one occasion he had to
ESCAPE BY BALCONY
to avoid detection by O'Shea.
The respondent and Mr.. Parnell,
Mr.. Clarke maintained, had actually
lived together at East Bourne and
Brockley. Mr.. Parnell, he said, could
} not face the evidence. He allowed
Judgment to 60 by default, because he
dared not 90 into the witness box.
The criminal laws had terrors for some
people whom the moral law could not
bind. He did not wonder at Mr.. Par
nell's refusal to answer the charges oi
faithlessness and falsehood ard be-
trayal Of the friendship of the man
who was trusting him. Capt. OShea
stood for parliament IN 1880 he
was then introduced to Mr.. Parnell,
who dined with him and Mrs, o'Shea,
Mrs. Steele being one of the party
Nothing excited Mr.. O'Shea's suspi.
cion until 1881, when Mr.. Parnell
visited the respondent at Ethan
His annoyance over Mr.. Par
nell's approaches to his wife led
Capt. O'Shea TO send the challenge TO
Mr.. Parnell Mrs. Steele saw Parnell,
who assured her that there was no
ground fov jealous suspicious. O'Shea
wrote to Parnell, and the latter re
piled that he had answered through
the assurances he had given Mrs,
Steele. Afterwards affectionate rela-
tions between 0'Shea and his wife
were continued, and Parrell was again
" vited to Fltham. In 1882, alter
Parnell had been released from Kill
mainham Jail, he renewed his visits to
Ethan, and almost habitualiy slept
there. Parnell used to drive IRON
. parliament to Ethan, and Mrs
O'Shea would go down stairs to meet
him when he arrived. Sometimes sht
? slept away from the house when Par
Enell was not there. Capt. OShes
r wrote TO his wife, remonstratinl
4 aaaint thelrisits and declaring his IN
81 tenfion Of. F-,~g his seat ia parlia