Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-12-23
CHICAGO AFFIDAVITS
Submitted By Counsel in The Smith
Divorce Suit.
SOME STRONG TESTIMONY
Bearing Upon the Allegations OF TX.
IRENE Cruelty on the Part Of
The Husband.


Court room yesterday Afternoon, filed
up all the time OF the court again today.
Mrs. Smiths recital ON tho wit
ness stand fully bore out this
statements alleged In her complaint as
TO the extreme cruelty Of her husband
for many weary months, and her ex.
ceedingly pale face and pinched looks
certainly beto On much mental
anguish. She Is OF somewhat dimin.
utive build, and apparently OF highly
nervous temperament. The defense
claims that matters are not nearly no
bad as represented, and that there is
n moihor-in-Iaw lying deep ut the
root OF tho whole trouble.
The plaintiff and the mem.
bers OF her family are Catholics,
and her mother resides In Chicago, In
which city many Of the alleged acts OF
cruelty are said to have been COM
mitted.
When the trial was proceeded with
this morning the PLAINTIFF counsel,
Hon. Il. ). Richards, read several
aiiidavl,s Of witnesses taken In Chica.
90, and brief synopsis OF thesc here
follow:
Bridget Seaman, Of Lsrribes street,
Chicago, mother OF the plaintiff, states
that one night during the visit OF her
daughter aud tbe defendant 10 her
house, In July, 1891, she was wakened
by loud screams Of "HelI!" and
"Murdefi" Mrs. Smith then told
witness that her husband had violently
dashed the baby against her, ami she
feared he would kill II. During that
same visit defendant nsed violent,
pto,sne aud abusive language towards
his wife; no struck her, aud his man
ber on Nil occasions was tyannical
and domineering. The treatment OF
the baby was In comp0It with that OF
the wife. When In July, 1880, witness
asked defendant II be Intended to ell
his property In Salt Lake City, he re.
piled thnt he could got 81 900 for It nj
any time, Tut that N he held 1t until
the boom he could obtain $1,000 more.
John @. Murphy, OF TOWNSEND
street, Chicago, cousin OF the plaintiff,
In his affidavit testlfiod as 10 the do.
face on one. occasion, In July, 1891,
while At her mothers house. In July
OF August OF the same year b Nth
locked hls wife out .; the house In
which they were then residing. This
sort OF thing occurred more than once.
About August 18th he suddenly lett
Chicago for Salt Lake, taking the
child with him. When Mrs. Smith
learned OF this she became greatly
distressed anu II was found necessary
TO restrain her lest shs should commit
self.destructiop.A AZ various timesin Chi.
cRgo witness beard smith use violent
anu profane language towards his wife.
His general manner on all occasions,
wnen witness saw the parties together
was tyrannicsl and domtneerlng.
Minnie Sirohm 10 boarding- house
keeper In Cly0urne avenue, Chicago,
and with her Mr.. and Mrs. Smith
etayed part OF the time while Ia that
city, In the early part OF August, 1891.
The defendant, she testiiies, came INST,
on Thursday afternoon, and ON tho
next Monday Mrs. smith followed.
They hal been Ia their room to yether
| only a short time when witness heard
Mrs. Smith scream out, "You are
choking mev Then Smith said, &C.
d. you; II you DON'T stop screaming 1
will choke you to DEATH" Mrs. Smith
begged TO be allowed TO leave the room
"A number OF times. On another coca
zion, in witness hearing, Mrs. Smith
asked her husbands permission TO 20
TO her mothers house. He refused and
used profane language. He always
cursed his wife when che made any
request OF him OF which he did not sp-
prove. Witness eventually told de.
PENDANT that she would not
allow such language "a he In.
duiged In In her houss-that
her Doarders would not tolerate his
conduct there any longer, and that n
he wished to remain hs muat behave
himself. Smiths behavior towards his
wife while at her house was unkind In
the extreme. He never permitted her
10 care properly for the baby, and
frequently locked her Ia her room.
Witness considered him "the meanest
and most brutal man" she had ever
met. Mrs. Smith was almost constant
ly In tears owing 10 her husbands I'M
Kind ways, but she never saw her
exhibit the slightest temper or Will.
she seemed to be very much
Oppressed and subdued.O Witness
hai TO put Mr.. Smith out OF the house.
Upon the conclusion Of the reading
OF the hfiidavits, Mrs. Smith was re-.
called to the stand and asked q few
questions In additional cross.examlns-
ton by Col. M. NJ. Kaighn, the de-
iendanpe attorney, after which testi
mony was ndduced on the other side
ueallrg with the question OF the de-
fenu'nt,s property, and its probable
value. This Is AN important but do.
bathblo Ingredient In the case, as
affecting tho application for alimony
nnd other monetary Affairs involved In
the suit. The plaintiffs case was still
In progress at noon.
WHAT JUDGE ZANE SAYS.
In the case OF J. Newman Q, nj. va.
irving a. Benton, u. 5, marshal, the
Injunction was denied by his Honor,
anu we restraining order set aside and
vacated.
Thomas Bealtie ct al. VS.. Rumanza
Dlsl et NJ. This case was dismissed on
piain'lii's motion, at his costs.
5. $. rerrili vs.. N. II. Gro.sbeck
CT al. In this matter the defendant
elected 70 stand on his ans wer anu give
notice Of appeal.
n. Fritsch va. j. johnson OF al. The
nouoh 70 dismiss this case was over.
fuIeu md leave given to amend the
complaint.
ON pRoAiIssopY NOTE.
In the Third distrIcl caurt this p,orr-