Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-08-18
COURTS IN SESSION.
The HsarIls 10 Show Cause 10 The
Fitzgerald Divorce Case.
JUDGE BARrcn MAKES An ORDER
The Kendall. Nc Allistsr Maitor-Tw o
Ill.u,ed wives Seek Relief IN
Divorce-Probatc, Etc.

Judge Bhrtoh held court this morr.
ing, and after dlsposlng Of the sui
Joined cases took an adjournment until
Monday next
THE FfIzgERALDs.
The divorce suit Of Belle fitzgerald
Va Mike Fitzgerald came before Judge
Batich this mofning on an order to
show cause why the defendant should
not pay temporary alimony peudlng
thu hearing Of the case, attorneys foe
and certain oJsts.
The parties were martled on Febru.
airy 9th, ISIS, and tue grounds on
which the complaint Ia based are
cruelty and failure 10 provide.
II Is alleged by MIS-. Fitzgerald
that her husband has been guilty Of
gross cruelty towards her She cite,
three occasions on which he thus mis-.
conducted himself, stating that 10 Oc-
tobet, 1892, no cut her clothing with a
knife, slashsd her and drove her out
Of ths house Ia the middle Of the
uisht. On July 27th, 1894, he turned
hcf out VI dOols at O'Clock In the
morning aud kept her there Tor cou-
pie VI hour; again, on Aug. Oh he
cnOked her until sue was black IN the
face. She IL afraid, she says, that In
some Of his iils Of tage--hp being Of
violent aud uugo7vtnHblo disp0sition-
he will Kill her. Tue neglect OF wife
aud family 10 also get forth. There are
three chilifeu-two boys aud girl
aged respectively Elk, TOUR anu two
years.
Mrs. Fitzgerald IL delicate looking
woman OF petite figure about 80 yesrs
Of age, her attorney being Frank
Pierce. bho ami her little ones were
present Ia court this morning, tut thu
defendant was not, anu his attorney
Tired. MoGutfiul asked that tho case
10 over until twelve or two O'Clock, as
hts client had an engagement which
he was Obliged ~ till this M rniug,
Attorney Pierce objected, femarklng
that the order setting the hearing Tor
ten O'Clock this morning was made 10 n
days ago. Tue plaintiff had thfe.
small children aud nothing 10 live
uIun, Sue had nos "a dollar IN the
house. She even had 10 borrow her
car fare 10 come hcIe now, aud In.
formed him that sho had no credit Hny.
where.
d. Attorney McGurfln stated, however,
that the defendant had kept his wife
supplied with meat and grOcoflss, AMI
had been supporting her right along.
According 10 the other Side there
seemed 10 be some doubt about this.
Judge Baitch said there wa. no
proper application before the court Tor
olinod 10 grant II.
This attorneys Of the parties then
conferred aud Mr. Pierce announced
they had agreed that the alimOny
might be fixed ut $50 per month, dat.
ing from the fli < oi the suit, pend.
idg the flnal determination Of the case.
Al order to this effect was entered
$40 TO be pad Ia ten days, $40 In
twenty AMI $40 ia thirty; court costs
10 be- paid 10 sixty days. No order ah
10 atlorneyi fee was now made.
The defendant h tbs keeper OF the
"Bells OF ShAndOn" saloon on Main
street. His answet was filed yesterday,
when the substance OF II was given In
these columns.
THE CLELAND-NEDER LITIGATION.
Geo. NJ. ClolAnd Va Philip Neder.
This IL the case In which the partle, to
the suit, who were formerly partners AZ
carriage manufacturers, disagreed aud
an accounting was asked fora receiver
having been appointed after pro.
tracted hearing.
Motion was now made by the de.
feniant Tor discharge VI tho receiver
aud the exOnefatiOn Of bondsmen, 10
which the plaintiff consented. An
order was entered accordingly, also
the suit. Rsoeiver's re.
port approved.
DECREE MODIFIED.
WI Mccormick W NJ. Vivian ct nj.
Upon stipulation tire decree Ia this
oaSe was modified Ia aocor lance there
with,
HE Is WELCOME
Herman HolschuO, a Gsrmln, now
OF Juab county, was admitted to Ciu-
HIS supporters were w. NJ.
NesbiIt and II. Bockman.
THE PROVISION INSPECTOR.
The Psonle, oic., Alma 3. Kendall
vs James q, McAllister. This case was
Telnstateu, In aucOFdauCB with the re-.