The morning call., 1894-04-04
THE FATELY CASE.
Simons Not Guilty of the Crime OF
Murder.

luuTQGEs
OAKLAND.-The divorce suit OF Marie b.
Fately against Arthur B. Fately was up before
Judge Greene yesterday.
the couple mad little trouble In their own
little world until it was announced In the
spciety papers that Mr.. Fately and Miss
Iamory were TO be married, and it was then
that Mrs. Fately sprang her surprise on the
world by The announcement that she was mar
ried IN the drv-eoods clerk by contract months
hefo,e I'm 10 this time she bad not Deen
known by the name of Fately, and the young
man denied that he had ever been married ny
contract or otherwise. no
The affair created so much talh Ihae .p 70
vouny man not only lost his position WIN an
Il Pennoyer. bul Miss Lamofy haStened 70 s1 ~ u
him back his ring and presents anu hoi D's
brother forbade him The mouse. 49,, I,o,a,,,
On the witness stand yesIEe a1siy NV Contract
ON November %, 1892, and pr0quceu lug CoI
tract 1t was signed by herself, ana faa ,eiy .
marital relations were not assuhieu u nn 10 =
month after the contract was drawn up' ue.
cause il was the desire OF the iady 20 keep tne
matter a secret from her mother, VINO was ~
delicate health. Fately sent for witness 10 eai
for him when SICK ana WOess said i'd she and
FateIy lived together on Albion street from
March Is TO June 2, 1892, and thal ne was vas
domineering aud made life very unpleasant LOT
her. Air.
In his answer to her suit, Fately now admits
they Jointly signed a marriage contract, pul
denies that they were living i0gether as hiah
His cross-compialnt says that plaintiff never
claimed to be his wife until she learned he was
to marry another, and that she does him great
damage and keeps him from securing worn nc
wants the contract declared null ana Voiu
The case will be continued this morning.
Pugnacious Attorneys.
Yesterday morning in the Police Court c. C.
Hamilton and F. w. Fry were called upon 10
answer TO the charge OF battery. These gen
tlemen are attorneys in good standing, ana l Is
safe 10 say never filled the role OF clients III
such a scrape before. Their cases were set for
trial by jury on May "A.
The present trouble grew out Oh pad Dlooo
that was raised between the lawyers III the TAX
ing OF testimony the night before ID HE Rose
divorce case.
The parties to the divorce suit are possessed
OF properly in the vicinity OF Warm Springs
valued at $4,000, aud consequently the mat
ter is being warmly contested.
Hamilton aud Fry are the opposing counsel
Testimony was being taken in MIR. Fry's Office
when Mr.. Hamilton objected TO certain CUES.
lions put by Mr.. Fry. lie told tile WITNESS MOI
to answer. and when Fry said an answer should
be at once forthcoming Hamilton strobe TO The
office door and challenged Fry 10 come out
Nothing 10th Mr.. Fry compiled, WhereupoE
Hamilton struck him singing blow behind the
ear. Fry promptly closed IN on his opponent
and In IN Jew exciting moments that followed
delivered half dozen stiff punches upon Ham
lltons head.
AT this point The spectators interfered and
held Fry Off Hamilton then drew revolver
and cooking II shouted "Let him come on"
AS result of he encounter Mr.. Hamilton
carries his left hand in splints.
Simons Ia Acquitted.
The trial OF Clarence Simons for the alleged
murder Of William Hansen was concluded III
the superior Court yesterday. The case wenI
10 Inc jury at O'Clock, and in just one hour a
verdict OF not guilty was returned
When the trial was resumed yesterday morn
ing the defendant was put on the stand and
subjected 10 severe cross examination by AS
sistant District Attorney Frick.
In telling his story Simons stated that he haO
only used the gun as a "Dluff' to Hansen and
that when Hansen approached him. in a menac-
ing way, he turned and ran. Hansen pursued,
'and," continued the defendant, I'VE had a
struggle for the possession OF the gun. In The
midsi of the struggle ii was accidentally dis.
charged.''
Grand Jury Work.
Yesterday the Grand Jury had before it the
case of Mary Z. Martin, now in the County Jail
OIL a charge OF defrauding Miss Leonard out
OF large amount OF money by alleged hypnotic
influence.
The matter OF the Harrison-street School
foundation was also under Investigation.
Fighting the Saloons.
A secret meeting was held at the First Pres
byterian Church Monday night, at which a
memorial was adopted requesting the Council
TO pass an ordinance compelling saloons 20
close OF Sundays. Signatures will De requested
IN few days.