The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-09-06


interfered, spoke very unkindly OF de- |
PENDANT aud stirred plaintiff up to wrong |
fully and falsely believe the defendant had
acted unkindIy in the matter.
Denies that on or about the 18th day OF
August, 1891, or at any other time, at the
house Of plaintiff s mother, or other place,
in Chicago, or elsewhere, defendant spRt
IN PLAINTIFFS face, or that he then ana
there, or at any other time and place,
dashed their child, or its head, violently or
at all against the plaintiff, or that by any
act of plaintiff said child was caused to
and alleges that he is tenderly and de-
votedly attached TO said child, and has al
ways been tender, loving and gentle to 1t,
and willingly and gladly assisted in its
care and habitually relieved the plaintiff
OF a large part of her duty to and care OF 1t.
| Denies that on or about the 18th day OF
August. 1891, at Lincoln park, in Chicago,
or elsewhere, that he with or without pro-
vocation, threw a cup of water in plain
tiff's face, and alleges the facts to be that
at said time and place as they were stand
ing at drinking fountain, he offered
plaintiff a small cup of water to drink;
that instead of accepting it, she
struck at him, endeavoring to knock the
cup from his hand, and called the defend
ant IS of a b." that yielding to the
| irritation of the moment, from this in
scrutable conduct of the plaintiff, he did
| throw the contents of the cup toward
plaintiff and same went upon her dress,
but not in her face, as she mistakenly al
| leges.
| DDenies that or the following or any other
day, at their boarding house, in Chicago, or
| elsewhere, he with or without proyocation,
struck plaintiff violently, or at all, or threw
her against door, or in any manner caused
her back to become stiff or lame, or so that
| she was in any manner incumbered in or
| hlndered from walking.
Denies that on or about the Goth day of
August, or at any other time, in Chicago
ILL.,, or elsewhere, he stole the baby from
PLAINTIFF or brought it to Salt Lake city,
without changing its clothes, giving 1t or
binary attention; or that said baby was
found by plaintiff in Salt Lake city: naked
or hungry, or lying out in the garden, or
entirely or at all ex exposed.
Alleges the facts to be, that plaintiff and
defendant had been visiting in Chicago for
some time, part of the time With plain
tiff's mother and sister; that plaintive and
her said relatives are Irish people, earnest
and devout Catholics, devoted TO their
faith and propagation, and all have violent
and ungoyernable temperS and tongues;
that defendant is of English birth and ac-
cepts the faith and doctrines of the Church
of Jesus Christ of Latter-day Saints, and
that he Is considerably older than the
plaintiff, and that this disparity of race,
faith and years was made much of by
plaintitf's said relatives who seem to have
great ascendancy and control of plaintiff,
manner that has caused defendant
, much unhappiness, pain and suffering,
and that to please them he per
mitted said child to be baptized by 8
Catholic priest, while in Chicago, and that
they induced plaintiff to enter into a
IL. ~,
, defendant to allow plaintiff and their said
!, child to remain and be supported by him in
said city OF Chicago, and under the control,
influence and training of her said relatives
that they are uneducated people habitually
l using violent and coarse language, and de-
terminej on bringing up said child as q
r Catholic and in their manner of living, and
a that at that time the weather in Chicago
r was insufferably hot, causing disease and
, many deaths, particularly among young
v children that their said child's health, by
8 reason of said heat, had become greatly i'm
\ paired and he feared if il longer remained
e in said city it would inevitably die, anG
that plaintiff refused to leave said city with
| said child; that defendant was informed
O and believed that plaintiff anc
v her said relatives had entered
: into a conspiracy in said cit.
/: of Chicago to have defendant arrested OF
o false and trumped up charges, in order Il
i enable them to convey said child away ant
+. hide and conceal it from defendant, and OBJ
n tain and exercise full control over it. Tha
h in order to take said child from such evi
: influences and example, to preserve its lif
q and to prevent the consummation of tn
evil and wicked conspiracy against defend
U ant and said child, he did, as had right t
b do, take said child and tenderly and with a.
e due regard to it's health and comfort cor
: vey it from Chicago to this city of Sal
1T Lake, the home of the plaintiff and defend
n ant.
d That before leaving Chicago he provide
y for the transportation and expenses @
n plaintiff from that city to Salt Lake, and
was upon SAID provision that plaintiff re
IT turned to this city; that she immediatel
/ followed, bringing her trouble-makin
10 sister with her; and that whe
b she reached this city, her home
"a she did not find said child either naked c
Z hungry, but properly clothed, well fed an
n lying on pillow in its carriage; that sal
ID child has been raised upon feed bottle
If and was at all times, when under the car
E. of the defendant, as well, regularly an
IL properly fed as when under the care of th
II plaintiff.
g Third. Admits that defendant was at on
If time the owner Of the tract of land d.
at scribed in the fifth subdivision Of plaintiff
lg complaint, but alleges that on the 10Th da
le of February, 1SS9-siXteen months befoI
Mt the marriage Of plaintiff and defendan
s. and long before he ever became acauainte
at with her, he, in good faith and for flu
OF value received, sold and conveyed to JOSEF
te r. Morgan, in said complaint mentione
Id and defendant has now no title to or Intel
iii est therein; that the household goods
to the defendant do not exceed in value tt
X sum of $500. That defendant dot
es own six small lots near to, bl
~ not in the City of Denver, al
I'd no others; that some were purchase
ke at boom prices several years ago and ha'
to greatly deprecated in value and are no
tn encountered with mortgage for q porto
lie OF the purchase price, and for more thu
m they are now worth. That defendant b
d, no other property than the above mention
tn and he is not worth to exceed $500 over al
err above his just debts and liabilities. Th
al defendant is now out OF employment al
Nv has absolutely no income, and that he
ne prevented from obtaining employmer
nd which he hoped and expected to obtain
er his return here, by reason Of the iniu
NV done to his standing and reputation by q
le- wrongful acts of his wife, the plant
r. herein, in having him arrested and pros
he cuted on false and mistaken charge
ne cruelty and allegations made in her cor
at plant.
iff Denies that he disposed of his said Oh
or perty to the said Morgan for the purpose
ed avoiding the order or processes of Tt
ct, court, and alleges as before recited tn
en- said sale and transfer was made in go
or faith, and long before he knew there w
of sucn person IN the world as the plainti
le- Denies that he threatens, or intends
all dispose OF any property, or to leave IL
If city or territory, which is his home, who
lat all his friends and interests are located.
Ter Alleges on information and belief, tn
on this suit is instituted and prosecuted, u
or so much at the will and desire of plainti