Waterbury evening Democrat., 1892-10-14
MRS. DEACON MUST BE TRIED.
The Judges Hold There Was No Intention
 of Abandonment.

The Judges Hold There Was No Intention
 of Abandonment.
 GRAssE, Oct. 14-Mrs. 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 Aix.
 On Monday he will leave for Folk stone, where two of the children are staying with relative. He purposes to remove his eldest daughter, ,now in 8 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 8 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. m. returned and announced their decision Ethat 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 8 recess until D. m.
 Mrs. Deacon was not in court, but was represented by M. Barboux, her lawyer, accompanied by stenographer.
 AWhen NJ. Barboux was called by Pre- siding Justice Tardu, he at once burst into 8 bombastic tirade against MT. Deacon. He accused the latter of being a persistent drunkard, violent when in his cups, and frequently abusive of his wife. He said that Mir 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 be shot NJ. Abeille in the Hotel Splendide in Cannes.
 NJ, Barboux then launched into a tur- gid imitation of the speech of the prose cutor in the trial of MT. Deacon as lack ing the elementary instinct of manhood, and accused him of accepting from Mrs. Deacon the money for his food, clothes and carousals.
 BarbouX's speech was weak, pointle ss and planned merely to prejudice the court against Mr. Deacon without touching upon the merits of the charge against his wife.
 During it MT. Deacon sat pale and ap- parently indifferent beside his counsel, NJ. Frank Pilatte, of Nice
 As NJ. Pilatte rose to speak, MT. Deacon shifted his position, leaned his head on his hand, and assumed an attitude of at tention.
 M Pilatte opened his address with the statement that Mir. Deacon was pre- pared to prove conclusively the many adulteries of his wife. Mir. 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 Aix, near Marseilles. M. Pilatte, for MT. 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 dle of November.
 The request for a dismissal on the ground of abandonment undoubtedly was the surprise which. it was rumored be- fore the opening, the defence had in store for MT. Deacon.
 The decision of the Grasse Court on this point has delighted MT. Deacon, as he was not prepared for any rulings in his favor.