The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1893-12-28
SMITHS IN COURT.
Troubles of the Southern
PacifiC's Cashier.
DESPITE A LARGE SALARY
Refused to Live With His Wife
and His Son.
so HE MUST SUPPORT THEM.
Ordered to Pay His Wife $140 a
Month for Her and Her Chiid's
Support.
DESPITE A LARGE SALARY
so HE MUST SUPPORT THEM.

The domeftic troubles of the Smith
family once more occupied the attention OF
Judge Hebbard yesterday morning on
motion for permanent maintenance.
Charles Smith, the husband. is cashier
in The employ of the Southern Pacific Com
pany. ana as such enjoys the comfortable
selary of $500 a month. n. T. Smith.
treasurer of the company, is his uncle.
Besides this, he is understood to own some
real property in this city and Kern
County. Married to the lady OF his choice.
and the father of bright, intelligent-look-
ing boy. it might have been supposed that
such a thing as domestic infelicity would
never have arisen to disturb his peace Of
mind.
But, unfortunately, incompatibility OF
temper occasioned frequent and serious
quarrels between Smith and Josephine.
his wife. For fifteen years the couple
lived together, only to separate after a
ID ore than usually violent alteration. For
while Smith contributed $50 month
for the support OF his wife and child, but
eventually the payments ceased, and Mrs.
Smith was compelled to apply to the Su-
perior Court for relief on motion for per-
manent maintenance for both herself and
son, who lived with her. Judge Hebbard
granted the wife an allowance OF 500 a
month pending her suit.
The parties assembled in court yeSter-
day morning, and Mrs. Smith commenced
to tell the whole story of her husbands
neglect and desertion. However, to save
time, Smiths counsel announced that he
was willing on behalf of his client to ad-
nit the desertion and proceed at once TO
the main Issue, namely. as to what would
be a reasonable and fair allowance for
Mrs. Smith and her son to receive for their
support.
Mrs. Smith then stated that the 500 a
ID onth which she has lately received was
entirely insufficient to support her and the
boy. She had always been accustomed TO
live we'll. and she saw no reason TO change
her mode of life. Atpresent she was Tesid-
ing at the California Hotel, where she paid
$50 9 month for a room, and her board in
a restaurant cost her $50 more. Besides.
she was DESTROYS of educating her son well.
aud IL would cost at least 500 month to
do that. He was receiving instruction in
French and music, and that all cost money.
The lads father had been applied TO, but
he had refused even to buy clothes for his
son. Ali this had driven her into debt,
and she had been compelled to sell nearly
all her jewelry, besides borrowing nearly
500 from friends.
n. II. Smith, treasurer Of the Southern
Pacific Company. testified that his nephew,
Charles. received $500 a month salary as
cashier OF the company.
Charles Smith was then called and
admitted his salary to be as before
stated. He also admitted having owned
real property in this city and in Kern
County, but he had transferred parl to his
father and part TO his cousin, so that be
had no real estate now.
Armand Smith, the fourteen-year- old
son of the mismated couple, was then put
on the witness-stand. He proved to be
bright neat-looking lad and of consider
asked his father for money TO buy clothes
with, but that his father had invariably re-
fused to give him any and had promptly
sent him back TO bis mother when he
asked to be taken to live with him.
This closed the testimony in the case and
Judge Hebbard at once said that he
thought man in Smiths position could
afford to maintain his wife and child in
comfortable circumstances. He thought
that the wife should at least have
sufficient allowance to main tain her in
the way Of life she had been accustomed to.
But" said the Judge. although l
think a separate allowance should be
made for the boy, yet / consider $50
month quite out of the question. An
allowance of from $40 to $50 month
should be sufficient to give him all that he
REQ uires. And | shall also take into con-
sideratiOn the fact that he lives with his
mother. and consequently that the father
is deprived of his society and companion
ship.
THE order will be. then. that Charles
Smith pay. on the first day of each month,
the sum of 500 to his wife for her separ-
ate support, and further sum of $40
month to his wife for the support and
educa ton of her son. This allowance is
to continue for four years, by which time
he will have reached the age of Is years,
and the order may be modified"
The parties then left the courtroom,
Charles Smith alone rejecting upon the
disadvantages of matrimony.