Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-06-10
WHO'LL HAVE HIK /?
HOliOn in Regard to the Custody Of
Master Wallace Burt.
TIE MorERMAKEs ASornERrnY.
Au Undumc,ticaicd Young wife De.
comes liumc-sick aud Returns 10
California: A Divorce Follows.

Chief Justice Zane having gone 10
Colombo Spuugs, whence ho will rc.
turn ON Monday next, hl- place ia the
Third district olurt mis- morning wns
taken by Judge Bat.ch, who heard
number Of motions u the usual
"weekly" order. rhese occupied h.s
houcrs lime till 1880, whom au ad.
icurnmcnt was taken until . .. IA.
The only subjects 81 public Interest,
however during the forenoon were An
application In regard % tho custody
Of the Burt infant and the hearing VI
"a suit Tor divorce.
CUSTODY Or MASTER HURT
Soon after Judge Blr,ch hai taken
his scai, Attorney Jones ZONES d
5chr0cdcr) asked the court o. bear his
motion Tor modihc ,iion Of the decree
in regard TO tie custody Of Wallace j.,
the little son Of Andrew :. aud Helen
81. Burt, with tho part cular. OF which
controversy reader, OF the NEWS are
by this time familiar.
Judge Powors, Tcrrcsertiug Mr..
Bart, asked that the mater 10 trans.
i,rred 70 Judsu Zane, who he consid.
cr.d was the proper person u hear tho
application. re said there was owl.
IDENTIFY purpose on tho part OF the
other side In now bringing this caes
before his honor (JlIgs BiuchJ aud
that, he suggested, was To have &c
htnri by alu4ge unfamiliar with tbs
sur, uudings.
Attorney Jones emphatioaily pre-
tDhei that there was no such thought
In tho mind OF Mrs. Burps counsel.
the divorce suit, he pointed out, was
NOT tr.ud before Judge Zaue nj
nl, bul was referred 10 Judge
HtuJoituu bH itftite. lie tool oil the
itsiim ny aud reported the findings 10
tue cuuti, ana upon his report the de-
cree was entered. hlfa. BuTt'H counsel
hai iriC4 20 get this present matter
b fore judge Zane, but bic honor could
not take 10 up Tor want OF time. Hence
he had cited the defend lui 10 appear
hero this morning, being most
anxious either 10 obtain mOul-
ncatiOu OF the decree IN &C..
garI TO the child's custody or to
know whether u could NOS Oh would not
be- modified. lie saw no reason why
tho cme should not be honrd nov aud
disposed o. lfthtfe was any question,
council had the tindIngs with him.
All Judge Zane did was 10 sigu the
nudinrs and decree.
Judge Bartch finally said: Judgo
Zane should either hear the case or
refer IT, thiug unoet all the cifcum-
stances / should not care to take II up,
us counsel aru not agreed upon II, IN.
less lt were referred to me. Judge Zane
Will probably hold court next Saturday
aud you can 20 before him them"
Attorney Jones atrcasucally)-
Counsel is seeking TO Try the cass by
iuslnuAtiug, / see. II Judge Zane
Transfers Il TO your honor's court, then
do l unduEtund you will near ~
Judge Enthusiastically Judge
Ltuc OF Will have o. hear Il. ! have
uu objection 10 no 30 hut would not
IKE 70 take up under the present CT
cumstauces.
SHE WASN'T DOMEsTIcArED.
Thodiyorcs suit Of VIM. T.. Carey
VI Ella M. Carey, on tue ground OF
desrrtiOn, was then heard, Attorneys
Coad anu Coad appearing for the
plaintiff.
Tue parties were married mt San
Francisco ON Mty 9and, 1889, and
\ Ia, qucntly came 10 salt LAKE, where
the plaintin engaged IN business.
About Two aud hali years ago the
wife became hOme-siCK, told her nus
band that she could not live sin this
country" anu that she should return
10 her relatives In California. Soon
after that she left him, and although
he hal several times written request.
Ing her 70 return, aud offered 70 seuu
money 10 dcffay her travelling tx.
penses, che has persistently refused to
40 ~.
Judge Bartch asked the plaintiff
whether his wife, while they lived
together, properly discharged her
duties rs wife.
witness-She couldn't even really
boil drop Of water If you came to It
tLaughter.l She was not ut al.
lomesticstri, l knew very little about
her before We were married, apd fret
mot her by accident ut seattle.
Judge Bartch- Did you always
treat her wei?
Witueas-l tried TO ~ far as knew
how.
Judge Bar:eh--Did you have any
quarrel?
Witness-Nothing to speak of-no
serious quarrels-only through my
Insisting upon her staying here.
The defendant also stated that he
had 81 800 In his possession when he
nrst beosme acquainted with his wife,
but had run through the whole OF IL.
Judge BarIch granted the decree as
prayed.
MISCELLANEOUS.
His honor then heard and deter.
mined long list OF unimportant
motions. Among those OF more con.
sequence were the following;
The case Of the Crescent Mining
Co. Va the Alliance Mining Go. was
dismissed by consent and leave given
70 Withdraw the bond on Injunction,
each party 20 pay their own costs.
In The case OF John White vs. the
u. T.. Railroad Co., twenty uays were
allowed In which TO file bill OF ex-
ceptiOus.