Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-12-18
Divorce PrOC5sdingS IL the Third Dis.
trICt Court this Day.
THE OPENING by JUDGE POWERS.
Attorney Curtis, Of Nebraska, An w.r'
on Behalf Of Mrs. Irvine
statement OF the Facts.

e.
hearing will probably occupy the
whole Of tomorrow and Wednesday.
The case 10 that Of W. u. Irvine Va
Adelino NJ. Irvine, ami the nam facts
are doubtless still fresh in the minds
OF readers Of tile NEWS, Irvine, 10
will be remembered, was tried o lew
months ago at Lincolr, Nebp but
acquitted, on the charge Of killing hi'
wliu's alleged scducer Colonel Chas.
b.. Montgomery, whom be shot
through tho heart wilH revolver.
when the case was called today
Judge Powers (wlth whom Attorney
slfaup IL nsfociaJed), 0a behalf Of the
plaintiff, Informed thr cur, no Az
iornuy W, IA. DIck8Ju wlult also az.
rear with him af associate council ut a
later stage ~ The Proceedings.
The uuIon iaups counsel, Judge
Mauhall, thertupOn novel the nl.
misslon ui Attorney WIN 3. Cuftir, Of
the supreme court % Nebraska, 20 the
bar OF TINS court, in order that hu
might be bis associate in the case, AMI
nl-p requested that the ramo Of Aiiot-
uey Jonu N. Zane be- entered a. sssl'
STATE council.
These picliminaries having been at
ranged, Judge Zane, at Judge fOwcf'
Auggtstion, directed that all pcrs0ue
except The court UuicotF, witnUasvs a. d
others having bu mesa tnere, leave tue
room, and baluu was stationed 10 the
door 10 keep all Others on the outsido,
Mir. Irvine o cupici "a chair beside
his ut OfuryF, Mu. Irvine, htr mother
End sister, and n Mr. Austin o.
Omaha sat together lust within the
railing which divides the spectators
from the space allotted to the bar
Mr. lfyluu, who D. % handsome
blonde about 30 ycnu ui age, looked
deathiy y le, nud her lace bIro uumib.
taxable sigus % keen meulll anguish
aud auicKiy. Both she and her bus.
band paid clOac attention 20 the lr0.
l0ngud opening remarks % Judge
Powers, nud each, ut timtP, was moved
10 tcars, particularly when a passing
reference % made 10 their little daugu'
ter, FlUssiC, VINO figured 10 pfumiuuut'
~ ON tho mur4yr tial, bat vino was
not now present
Judge Powers frat read the com.
plant Uf Mr.. Irvine, which showed
that the parties were married at
Marion, in1mua, on June .J,h, 1883
the ouly issue being Florence, n prclty
girl now 10 her eighth year. IL charged
acts Of adultery on the part VI Mn,
Irvine on divers occasions, ONT
occasion bciug named gs February
l4th, 1872, 90 the Grace hotel, Chicago,
ald also ut Lincoln, y gbrlsgn, during
1859 a.d since, visa NuAs, T.. Mont
gOmery. The lluuNh uouirH having
cOnuonoj these aClf, contends that his
wife Is dvhlrfyd from any claim or
title 10 any property ui which ho may
be- p0ssCased, whether ICraI Of or real
estato, nnd u.ks that no himself have
tho caro- ami custody Of tue minor
child.
The Defendants answer aud cross
complaint was next read. Ia
10 Mu. Irvine denies Gas stated by tue
paiuunJ that since turlr marriage IT.
vine hls conducted him elt as "A iaith.
iul uuI loving husband, Sue gives an
emphatic uunlni Gu ail the allegations
Of adultery pleads conformation, anu
siatts that bhr ana her husband have
cohAbileu together since the time OF
tho alleged UtlCnse, Shu acgusus MIN
o. extreme Cguulty TOWARDS her on
o
has called her vile, pg1iaue uud UurCeuc
names, sometime IA the presence Oi
her child us well 90 othtrs, All thutu
opprobrilus epilhots were applied With
OUT nuy proyuCatiou on her part. hip.
lJvine also declares that on thges
distinct OCCasignr Doe compelled her
10 submit ~ an ABORTION, great
ly to the dv,rmont Of her
health. In his MS " passion,
both ut LiucoIn anu salt LaGu, ule
ayers he LAl al different times thrown
articles NJ huf-0uCu "a water pitcher.
She further states that her husband
h man OF large means, owns real
estate Of the value " 100000; personal
property valued ut slsb,UUO. ME-.
Irvine then asks mat tuu bonds Is
marriage be dissolved, and that sue be
awarded alluuuy, bttUrury's lees, gud
o0B,s,as the oaugl may 500 ut.
To this the plulnuu answers em-
phallcaly denying she acts OF c,uUlty
and improper language alleged. lie
has aiWays, no says, acted ne d gentle.
man towards q lady, Hu Eutesja that
the allegation As 10 the criminal ops 90.
tious are absolutely untrue, denies
having c1uuJutd her JteIsp, uuu
prays that her application 10 the court
be dismissed.
JUICE Powers then proceeded to
give full outline OF the unfortunate
affair, starting ia with tho marriage Of
the p,ftivs. when, he saiI, ME-. Irvine
was about 10 years Of age. AuCr THIS
thoy lived happily together 90 LluCo'u,
Nvh, AZ frt beIug IA only m drratu
oirtu % Rucuf, but ails.war Augumu.
iu.ug IrI|vrIy, towards vuIUu end
b.tl psIs, vuI,u. By aud uyo Mrs.
Irvine u,cPmu acquainted wiz
Colonel Montgomery, Who wac PIE .-
dent OF the German National hluE,
and who was made Correspondent Iu
this case. They became sOmeW hat
intimate. Ia 1857 MI Irvine came TO
Salt LaGe, thinking 10 make sume
investments. He hUl nv uOuh. tNuu
~ 10 his Wifo's hdc,igy, ANA when
dume scandal got ABROAD concerning
her lie tlOk her la hls arms ami said
be would stand b. her even u tho
whole world denounced heS In
January, 1892, Irvine was elected 10
the UIuh l. gltl turt, anu Mr.. iry nb
uy mutual m cement, started ON e
TIP east, d, being agreed that Mr..
irvine suOulI go ana meet mo vile
at her mulhrT'- hOur ga Indiana at
The close OF tho leTislhtivu session, uUI
theucs take summer journey together
10 the Atlantic cUasL Counsel then,
gt length, detailed what followed alter
the departure OF Mr5. IRVINE, her al.
logbd association with Montgomery in
Liucoln, Chicago, aud Marion cul-
miuaiiug in the ttagcdy m the hrsT
a med town. Counsel claimed that
levine had Tor his vile the most in
tense affection, but that she had "llved
-aL.h him q dDnble Mo-