The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-10-08
THE GUARDIANSHIP CASB
John w. Smiths Sensational
Charges Against Mrs. Davey.
THE HEARING YESTERDAY
A Complete Denial Made by the
Guardian.
A clairvoyant Has the Nerve to go on
the Stand and Testify to ssFacts" As
certained BY Handling Cards-The
Other Courts.

In the probate court yesterday almost
the whole time was taken up with the
petition of John w. Smith, asking for the
revocation OF the letters OF guardianship
OF Mrs. Sasannah Davey, guardian of AL
fred S. and Thella Kimball. The petition,
which is of a rather startling nature, in
that It prefers charges of gross immoral
ity against Mrs. Davy and her family
was published in THE HERALD Of Sep
TENDER %. In it Mrs. Davy is charged
with having lived with certain Joseph
Brethwaite while still married to Charles
Davev, charges her daughters Rose and
Ada and granddaughter Kate, with I'M
morality, and fins ~ charges Mrs. Davey
with drunkenness. On this showing a
revocation of her letters of guardianship
is asked.
IN the morning the testimony OF j. L.
Perkes and Ed Pickering was introduced
by the petitioner in relation to the al
legged drunken habits OF Mrs Davey. The
latter's evidence amounted to an avowal
that he had seen her worse for liquor
while she was living with Brethwaite at
various times. Then Bishop Jenkins, OF
the Fourth ward was called TO prove the
family history regarding the birth of the
two children of Rose Sheppard (nee
DdNeNj. Inc evidence GOWSNSI,
was inconcluSive, as the witness could
not remember within a year or two and
therefore could not make any positive
statement.
The last witness OF the morning was
Albert Kimball, an uncle of the children,
who testified as to the good character OF
Mrs. Davey and the belief on both sides
of the family that she is the proper per-
son to take charge of the children and
that Smith is not a proper person. He
gave Smith the character of an i'll tenn
pered man.
In the afternoon, Alfred S. Kimball, the
boy, was placed on the stand and asked
in relation to his preference between Mrs.
Davey and Smith and indicated the latter.
He was asked about his life with his
guardian and gave reasons for his desire
to live away from her.
Then John w. Smith was placed upon
the stand and covered all the allegations
in the petition with affirmative
statements as to their truth.
He made allegations as to the
claims of immortality and drunkenness,
but could not say that more than three
pints of beer had gone into the house
during any one day.
cLAIRvoYANT ON THE STAND.
After Mr.. Smith had been thoroughly
cross- examined Nine. Zion, clairvoyant,
was called and testified that she had gone
down to see Mrs. Davey and had told her
fortune She said that when she had
thrown down the cards, she Immediately
saw that Mrs. Davey had had three hus-
bands and said SO. Mrs. Davey answered
Eyes" Then she said she had some
trouble about girl and indicated Kate,
the granddaug hter. Again Mrs. Davey
answered yes And she ayerred a
knowledge of the trouble being preg-
nancy.
who sent you DOWN." asked Mr..
Zane.
mr.. Smith asked me to go.''
How many times did you go?''
Twice. The first time l made some
inquiries and didn It find no one home.
The second time I found Mrs. Davey.'
tHow did you find your way? Did
you look in the directory Or did you
make any inquiry?''
my directory is here (tapping her
forehead) and 1 dom ask no one to tell
me where TO find anything. When l get
to q place l know where am.'
Mr.. Zane closely ss-examined the
witness as to animus and grew sarcastic
over her claims of a spiritual power.
However, she set her Jaw firmly and
abated not a jot or title in her claims
upon the credulity OF the people.
Mrs. S. Davey was then called and de-
MED in toto the story of Smith, testifying
as to a marriage and divorce from Davey
q subsequent marriage to Brethwaite and
separation from him. She said she was
accustomed to taking glass OF beer or
wine occasionally, at her meals, but never
to excess.
THE FORMER HUSBAND.
Her former husband, Mr.. Davey, was
called aud testified as to the good name OF
Mrs. Davey and cleared up the mystery OF
the quart of beer for which the boy was
occasionally sent by saying he got it for
himself while boarding with his daugh-
Ter.
Daniel H. Kimball and Solomon G.
Kimball both testified as to the good char
aeter of Mrs. Darey and her ability to
take care of the children, and gave an I'M
envlable character to the petitioner. The
latter even went so far as to declare that
he would rather hundred times see the
children ole than to have them go TO such
man.
There were some other witnesses as to
the good character of Mrs. Daney, and
the case then went to argument.
A sNAG.
A snag was struck, however, in the
shape of q question as TO whether a child
can choose another guardian at the age OF
IA, when the present guardian holds un-
der last will and testament. For this
reason the case vent over until next
Wednesday at D. N.
SHORT ORDERS.
Estate of Axel Anderson; proof of post
ing notices approved, and Mrs. Joseph
Anderson appointed administrator.
Estate of Frank Cracker; continued to
Tuesday, Oct. 10, at p. m.
Estate of Frank Foote; continued to
Oct. IL, at p. m.
Estate OF William Rosevear; order set
ting Tuesday, Oct. 81, at 10 a. M, to hear
final account and petition for distribu-
ton.