The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1892-10-14
MRS. DEACON MUST BE TRIED,
The Judges Hold There was No Intention
o. AbAndonment.

The Judges Hold There was No Intention
Of Abndonment.
GRAssE, Oct 14-~lIrs. Deacon and
her maids left for Paris last evening
Mr.. Deacon will remain in Cannes the rest
OF the week to confer with his lawyers
and arrange for the trial at AK
On Monday he will leave for Folk
stone, where two of the children are
staying with a relative He purposes to
remove his eldest daughter, now in con-
vent in Paris, and the baby, now with
Mrs. Deacon, from France, before the
case comes to trial.
When the case was called yesterday
counsel for Mrs. Deacon interposed
plea to dismiss the suit on the ground
that in certain letter Deacon had inn
piled an intention of abandonment.
The judges retired to consider this
point, and at 11;10 p. IN. returned and
announced their decision chat the wife
had no grounds upon which to stop the
proceedings, as her Interpretation of the
letter was not justified.
The court having decided that it
had jurisdiction in the case, took a recess
until p. m.
Mrs. Deacon was not in court but was
represented 10y N. Barboux, her lawyer,
accompanied by a stenographer.
FL When ~ BarbouX was called by Pre-
siding Justice Tardu, he at once burst
into a bombRstic TRADE against Mr..
Deacon. lie accused the latter of being
persistent drunkard, violent when in his
cups and frequently abusive of his wife.
He said that Mr.. Deacon when drunk had
struck Mrs. Deacon frequently and had
subjected her repeatedly to the most de-
grading language
Deacon, moreover, he said, was crazy
drunk when he shot NJ Abeille in the
Hotel Splendide in Cannes.
NJ, BarbouX then launched into tur-
gid imitation of the speech of the prose
cutor in the trial of Mr.. Deacon as lack
ing the elementary instinct of manhood,
and accused him of accepting from Mrs.
Deacon the money for his food, clothes
aud carousals
Barbouxs speech was weak, pointless
and planned merely to prejudice the court
against Mr.. Deacon without touching
upon the merits of the charge against his
wife
During it Mr.. Deacon sat pale and ap-
parently Indifferent beside his counsel,
NJ. Frank PLATTE, of Nice
As NJ PLATTE rose to speak, Mr.. Deacon
shifted his position, leaned his head on
his hand, and assumed an attitude of at
tenton,
M. PLATTE opened his address with
the statement that Mr.. Deacon was pre-
pared to prove eonclusively the many
adulteries Of hls wife Mr. Deacon had
come into court to clear his honor and to
restore beyond all appeal his children to
proper care in order that they might no
longer be subject to the baneful influence
of an adulterous mother
NJ BarbouX asked that the case be car
ried to AK, near Marseilles. NJ PLATTE,
for Mr. Deacon, said that he would have
no objection if Mrs. Deacon would pay
costs. The court then decided that Mrs.
Deacon should pay costs and that the
power of appeal be granted. The trial
will probably take place about the mid
die Of November.
The request for a dismissal on the
ground OF abandonment undoub btedly was
the surprise which, it was rumored be-
fore the opening, the defence had in store
for Mr., Deacon.
The decision of the Grasse Court on this
point has delighted Mr. Deacon, as he
was not prepared for any rulings in his
favor.