The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-12-31
Mrs. Irvine Scores a Victory On
Every Point at Issue.
SHE is AWARDED A DECREE.
AND GIVEN THE GUST DY OF
THE LITTLE GIRL.
FLoSSIE.
Judge Zane Ks OF Che Opinion That
Irvine Mardered an Innocent Man
when lie Killed Montgomery
The Question of AIimony-

The Irvine divorce suit is over The
agony is concluded. Mrs. Irvine has
scored victory on every point ana
now stands before the world an in
nocent woman and one who has been
greatly wronged.
Viewed in the light Of Judge Z&ne's
remarks in samming up the case, Mr.
Irvine appears in q character over
which ii is merciful to draw a veil.
The case occupied the attention of
the Third district court for eleven days.
There were four of the ablest attorneys
employed on each side of the case and
inch by inch it was fought with the
greatest stubbornnegs on both sides
Judge Powers resumed his arguments
at 10 a. m. yesterday on behalf of the
plaintiff. w. H. Irvine. He made an
able speech. and brought out in the
strongest possible light every circum-
stance which would tell in favor OF his
client He. however, had very uphill
work and was not in the beE. of health
either. but he made a magnificent eff
fort and presented his side of the case
as few lawyers could have done. The
judge concluded his address at S:45
O'Clock and when Chief Justice Zane
ordered a ten minutes recess every
one knew that his honor had made up
his mind and was about to render
judgment.
II was Ais when the court re-as-
sembied and IGdge Zane took his seat
on the bench. Standing room was at
premium and when the judge be-
gan 60 speak, silence reigned and
every one in court waited as if with
hated breath to catch the words as
they fell from his lips.
Mrs Irvine's nerves were strung to
the highest tension which found relief
only in a sudden outburSt of tears
Mrs. Smith. her mother. was almost
as much affected by the suspense as
her daughter. The plaintiff Irvine
walked out of the court shortly before
his honor ascended the bench and was
not present whilst Judgment was be-
ing delivered
As the judge proceeded with his re-
marks. it was apparent how the deci-
sion would be and the satisfaction was
plainly depicted on the faces of Mrs
Irvine's mother and brother Mrs
Irvine's emotions We're more subdued.
although very intense
Judge Zane occupied two hours in
his decision which is in effect. that
Irvine is denied the divorce on the
ground that his wife did not commit
adultery Mrs Irvine Is granted
divorce on the ground of cruelty and
is awarded the custody of their child
Flossie. The matter of costs. at
torneys' fees and alimony viii be fixed
by the Judge sitting in chambers at 2
O'Clock on Tuesday.
The judges summing up of the case
was most condemnatory of Irvine and
his conduct throughout
The decision meets with general and
warm approval of the public.
The full text of Judge Zane's re-
marks is as follows. the report being
specially furnished The Herald by F.
Z. McGurrin. court stenographer.
It appears from the files, in the case
of William H. Irvine VS. Adeline NJ
Irvine, that tie plaintiff filed a COM
plant on the 9rd day of December.
1892, in which he alleged that his wife.
the defendant, had committed adultery
on The oath day of February. of that
YEAR with Charles z. MONTGOMERY. at
the Grace hotel, in the city Of Chicago.
and the complaint contains also a KEN
eral allegation that the defendant com.
mitted adultery at divers times and
places in and about the city of Lin
coin, in the state OF Nebraska. To
this complaint the defendant inter