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

Gunner Judgment was rendered for the |
plaintiff for Sill 23S. % and interest on note |
and mortgages, with $3.50 attorneys fees.
smiths Answer.
In the Third district court Of Utah |
Maggie Smith vs.. Charles Smith.
Now comes saids defendant and, answer
ing the complaint herein:
Admits the marriage with plaintiff as
therein set forth, and alleges that her true
name is Maggie Loretto Seaman Smith.
2-Denies that at any time he has treated
plaintiff in cruel or inhuman manner, and
alleges that ever since their said marriage
he has uniformly treated her in a kind,
gentle and afectionate manner, and has in
no manner failed in his duty to her as her
husband.
Denies that on or about the 1st day of
February, 1891, plalntlff was sick or con-
fined to her room with la grippe or with
any disease; or that during said or at any
time when she was sick he compelled her
to prepare for herself all or any of the
food or nourishment which she received, or
that he then, or at any time refused to do
any usual, reasonable, proper, or necessary
waiting upon her, or to have anyone else
do the same; or that he ever locked her in
her home or ever left her alone when she
was Ill.
Alleges that ut about the time mentioned
| plaintiff had slight cold, not sufficient to
cause her any pain or more than very
| slight inconvenience, and that she fully re-
covered from same in two or three days;
that without any compulsion she was up
and about the house attending to her usual
duties during the time said cold continued:
that she usually performed the common
| household duties of a wife for their small
family of two persons, and that defend
| ants financial condition did not permit the
| hiring of q servant.
| Denies that about the same or at any
time while defendant was suffering with
neuralgia, Or any other pain or disease, he
refused or neglected TO procure her any,
thing that might afford her relief, or that
she then started to 90 to drug store or
that he forcibly, violently, or at all dragged
her back into the house, or threw her VIC
lently, or at all, upon sofa, or any other
thing.o
Alleges the facts to be, that to the best
of his knowledge she never had the neural
| gie, but that about the time mentioned she
had toothache, from decayed tooth, which
sometimes gave her trouble, and which she
frequently declared she would have ex-
tracted; that he provided and kept con-
stantly in the house remedies for said
toothache of plaintiff, to-wit: alcohol, oil of
cloves, and oil of cinnamon, which he fire.
Quently assisted her to apply to her aching
tooth, and which usually gave her prompt
relief from the pain; that while suffering
with the toothache as aforesaid, plaintiff
became very nervous and hysterical and at
about midnight declared she was going
down town to find a dentist and have the
aching tooth extracted; that defendant
kindly and gently argued with her and dis
suaded her from going down town at that
late hour, by telling her that she would not
find any dental office open at that late
hour; that the remedies mentioned and
then in the house would give her relief till
morning, when he would accompany her to
a dentist and she could have the tooth ex.
tracted; that she then used said remedies
and obtained relief, that in the morning
the pain being gone, her courage failed
her as it had often done before under like
circumstances, ard she declined to go tt
the dentist; denies that during the month
OF April, 1891, or at any other time while
plaintiff was confined to her bed from
childbirth or any other Illness, he denied
neglected or refused to furnish her with
food or nourishment prescribed by hel
physician, or nurse, or otherwiae; and al
leges that at all times, and particularly
during her said illness from child birth he
carefully provided her with each and
!. everything prescribed or suggested by hel
physician, or nurse, or that was in an,
manner usual, necessary, proper, or de
sirable to wife in her delicate and suffer
, ing condition. Denies that on or about tn,
oath day Of June, 1891, or at any other tim,
at their residence In Salt Lake city, or q
any other place, that he threw plaintiff
, violently, or in any manner to the floor, o.
that he took her by the hair, or dragged
her across the floor distance of six feet
4 or any distance, or at all, or that he theI
or ever struck her over or on the face o.
> head, or elsewhere, or that by reason o
! said alleged, or any blows or acts of de
j PENDANT. plaintiffs face was badly or at al
!. swollen, or that therefrom plaintiff sui
fered greatly, or at all; and denies tina
plaintiff then or at any othe
q to beg defendant fos money O
: that she was ever in danger of death or tn
:, slightest injury at the hands of defendant
and on information and belief, denies tina
= she ever had the slightest belief, or fear, o
! suspicion, that defendant would kill or i
. any manner iniure her.
I Denies that in Chicago, Illinois, ON o
a about the Goth day of July, 1891, or at an
other time, in the home of PLAINTIFF
mother, or elsewhere, he refused to provid
medicine for their child. or that he the
/, and there, or elsewhere, strucl, plaintiff
in violent or vicious, or any manner, o
at all; or that he refused to procure, @
. permit, the plaintiff to procure medicin
for said child; that whether or not she boz
J, rowed money from her mother he has n
! ! knowledge, or information, and therefor
denies the same. Alleges the facts to bt
: that at the place and about the time indi
= Gated, their said infant child was trouble
e with very slight indisposition, whic
then caused plaintiff to becom
@ anxious and greatly excited, ant
. to try to do anything an
' everything, wise or unwise, for the relic
: of the child; that defendant had ord ere
. from drug store near at hand the med
= cine which they habitually used for th
: .child, and informed her of the fact, an
that the same was procured within q
hour, and this was the earliest moment
could have been reasonably procured, br
d plaintiff, in hysterical condition, insiste
d on rushing out then and there to get med
y cine which defendant gently and kindl
declined to do or permit her to do; ths