The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-12-29

Public interest in the Irvine divorce
suit increases day by day. Since the
arguments began the doors have been
open TO the public and yesterday the
court room was crowded till Judge
Zane ordered the doorkeeper TO stop
admitting people.
Attorney Dickson resumed his speech
in favor Of the plaintiff and in an ex-
ceedingly able manner presented
every argument which would tell in
his clients favor His address was
close, condensed and argumentauve
and was the subject Of universal
praise. The learned counsel conclud-
ed at 1850 a. m. and Attorney John
n zane addressed the court on behalf
Ct Mrs. Irvine.
His speech was very able. 1t was a
scathins arraignment of Mr. Irvine
and at 5 o'clock when court adjourned
Mr. Zane was warmly congratulated.
lie will resume his argument this
morning, after which Judge Bennett
will speak for the defense and Judge
Powers will close the argument for
the plaintiff
Nh. DICKSON
resuning his address for the plaintiff,
said that the testimony given by Mrs.
Irvine herself, taken with the fact of
her registering in an assumed name at
the Grace hotel, Chicago, was proof
conclusive of her guilt with Mont
gomerH. He justified Irvine for not
keeping his promises to take his wife
back because after his release from
L.
been guilty of indiscretions with other
men and that he would have been an
idiot II lie had not changed his mind
The attention of the court was direct
ed to the nrst letter written by Mrs.
Irvine TO her husband on that fatal
trip east. and the statements therein
were branded by counsel as false. She
concealed from her husband he said,
the fact that she stopped at the Oxford
hotel. Denver, not only on the one
night but every night she remained in
the city. There was not q word or a
whisper in that letter that she met a
gentleman on the train. that she went
10 bhe hotel and to the theatre with
nm. No wife, Mr.. Dickson observed.
concealed from her husband anything
in her conudct if she We're not fearful
Of revealing it. Unless the court
found that there was conformation of
Mrs. 1rvine's offense by her husband
during the interviews at the Mercer
hotel, Omaha, 1t mattered not how Ir-
vine obtained the confession and the
papers from his wife, what his con
duct there was or what was said by
him. There were many things in Ir-
vines conduct which seemed to counsel
extremely foolish, and which he would
not undertal to explain, further than
TO say the testimony showed that the
mans mind was seriously distressed
and disturbed. He did not believe
from the reading of Irvine's letters to
his wife and child that any one could
listen to them and escape the conclu-
sion that the writer's mind was I'M
hinged. 1t was the language and talk
of a lunatic in many places. without
sense or meaning. In the killing of
Montgomery Mr.. Dickson asserted that
Irvine did a service to society Such
a man ought not to be permitted to
liVe-WaS not worthy to live.
Mr.. Dickson held that Mr.. Austin
and the others were in a conspiracy
TO get money out of Irvine and that it
was with view of commencing this
law suit that he had kept 9. memoran-
dun of the meetings which occurred
between Mr.. and Mrs. Irvine at Oma-
ha- He had made notes of what &C.
CURED at each meeting November %
he characterized as the 'spoony day"
Mrs. IrVine's story that Irvine wanted
the confession written on a. scrap of pa
per to wear next his heart and to keep
Montgomery's ghost away was untrue
and improbable. He held that Irvine
just told her what he wanted that con-
fes lon for and that Was to use in get
ting his divorce as quietly as could be
SO as TO bring as little disgrace on
their little girl F'lossie as possible. He
held that this must be so or Mrs. lr-
vine would have asked him to give it
back as she had, she said, given it only
for two days. Instead of that she said
she didn't think it made any difference.
II she were innocent she never would
have signed such a paper. She re-
fused TO sign it when her husband was
81 Jail TO save his life and she was
justified i'll SO doing if she was inno-
cent II she had been innocent she
would have persisted in refusing till
the very end.
The plea of conformation the learned
counsel held was not we'll established
for the reason that Mrs. Jrvine's tes-
timony was not worthy of credence; it
was not probable but Irvines testi-
mony was very probable It was sim
ply question of which to believe, the
faithless wife, who had been deceiving
her husband for years. and that hus-
band who had been lied to and wrongod
On the cruelty allegations Mr. Dickson
pointed out that were they true Irvine
must be one of the most brutal of men.
base enough to compel her to submit
TO an abortion and when she was suf-
fering from the effects. had thrown mis-
siles AT her and on one occasion threw
a watch at her. Belief in such a state
ment is not consistent with the well
known kindly disposition of Mr.. Irvine
lie utterly denied that Irvine had
ever compelled her to submit to an
abortion. held that the reason for the
abortion given by Mrs. Irvine, that her
husband thought they were too poor
10 raise d family was untrue and i'm
probable and that no reliance could be
placed in her manufactured tale. To
deny a divorce to this man, to compel
him to live with this woman, would be
a crime against society.
ATTORNEY JOHN NJ. ZANE
oomplimented Mr.. Dickson on his able
address and said he had done the ut
NEST that could he done with the case
he had The learned counsel continu-
ing said: Your honor will observe that
this is one Of the most extraordinary
cases that ever came into a court of
justice. There are three murders in
the cassss numerous adulteries. the tes-
tinony of avowed keepers of houses. of
III fame and everything that would tend
to give eclat to the case, even enough
eclat to satisfy Judge Powers
We do not rest our case
this woman is as innocent as those
three innocent children that man IT.
vine caused to be murdered
Mr.. Zane traced the married life Of
Mr.. and Mrs. Irvine from its beginning.
lie mentioned the incident where r.
vine had told his wife she looked ike
a prostitute when she vas dressed to go