The morning call., 1894-03-23
Boogar's Purse Closed to
His Wife.
HER PHYSICIANS CLAIMS.
How He Found Her Bleeding
and Hysterical.
A NURSES TALE OF SUFFERING.
The Millionaire of Oakland Thinks
$50 a Month Alimony Is
Sufficient Allowance.

~ OhO 4" ~ lOOhCQ az NnC pdic duQ ili-
teresting face of Mrs. Catherine Boogar as
she took her seat In Presiding Justice of
the Peace Cooks courtroom yesterday
would have imagined that only a few
months ago she had lain at the point OF
death from a brutal beating.
The story of her treatment, unprece-
dented for harshness, created a sensation
when related at the time, involving the
names of Malvern Foote, Attorney Cboyn-
ski and detective named Smith. She had
called to see her husband, Phillip Boogar,
the Oakland millionaire, with whom she
was having legal trouble and who was
lying sick at the lodgiug-house mentioned.
Admittance to the sickroom was denied
her, and she persisted. Before she left
she was kicked, bruised and thrown down
stairs. Her assailants were all quick to
deny any brutal treatment on their part.
Tie fact, however, remained that she was
beaten almust TO death, and for period
OF ten days her life hung by thread.
This never became so apparent as yes
terday, when the stories Of physician and
nurse we're told in the Justices Court.
The case on trial was that of w. l..
Danteman against Philip Boogsr for
S299 80. the plaintiff being the assignee of
NJ. Newman. physician, and Alice
4hltNnCils buloCs WIN UOin dttcuQ6u AlTS.
Boogar when she received the brutal
treatment.
The husband of the unfortunate lady
refused to pay the bills for her rescue from
death, and they were compelled to seek the
ala OF the courts. A bitter fight was made
by the defense.
During the trial of the case Mrs. Boogar
sat with her single attorney in very quiet
manner. She was dressed very plainly In
black. Not many feet away sat Philip
Boogar, hemmed In by three attorneys,
Chapman, Flood and Choynski. The
aged millionaire never glanced at his wife.
Dr. Newman told histale in very few
words, saying:
81 was called on the 2tst of last Move
ber TO sol Post street and found Mrs.
Boogar on the floor. She was pale, crying
and hysterica. / had her removed to an
adjoining room, where l found she had
three fractured ribs, two on the left and
one on the right side. Her face was
scratched and bruised, the lower limbs
swollen and black, the lower portion of the
spine swollen and bruised. Her body ached
with pain from her treatment"
The physician went on to state how he
had treated her for ten days at the house
on Post street and subsequently in Oak
land.
The defense made an attempt to attack
the witness as a surgeon, but Justice Cook
would not allow such a course. Ii was ap-
parent from the conduct of counsel that
there was great bitterness of feeling in
vOlved in The case.
Miss A. Mitchell, the nurse who attended
Mrs. Boogar, took the stand and told a
pathetic tale OF the sufferings of Mrs
Bookar during her illness, aud how for ten
days she could not move without uttering
cries of agony. During that time Mrs
BOogar had not slept one whole hour at a
time, and had TO be given 0piates 10 relieve
her sufferings. Afterward she had to be
moved In baby-carriage.
Owing to the suit being a simple civil
one tor the recovery of the value of ser
vices rendered the court could not permit
counsel to go into any of the causes of Mrs.
BOogar's illness nor as to who had inflicted
the injuries.
AS defense Phillip Boogar's counsel
made two propositions. The first was tnat
there were divorce proceedings pending IN
Alameda between Mr.. and Mrs Boogar
and that the court had awarded her $50 a
month alimony, which should cover all
her expenses.
The second defense was the introduction
Of contract between Mr.. and Mrs. Boo
gar, entered into in January, 1892, the
chief portion of which is as follows:
Whereas, domestic difficulties have arisen be-
tween them winch both rifles desire 10 have
amieaoly settled. Now, therefore, In consider
alton OF the premises and be mantenanc of
domestic tranquility, The parties hereto have
aeIeeu 10 ADJUST all dln rences now existing
betwe n them and TO condone III oftensrs here
tofore committed by either of them against the
other upon the following terms:
First-Said Catherine Boogar shall cause to
be dismissed said divorce proceedings OF record
upon the xecutiOn of this con ract and the ex-
ecutiOn OF the mortgage hereinafter named.
Second-Said Phillip BOogar Is to paw 10 said
Catherine Boogar the sum nf 1925 per month IN
gold coin. OO the 18th day OF each month,
TbirG-Th Z SAID Catherine BOOgar is 10 nav
out OF said monthly sums of S125 all necessary
monthly household expens ana furnish and
maintain tie household as the same now exist
III, however, the parties should agi e. TO board
Instead OF keeping house the said Phillip Boo
gar is 10 pay his own board ana the board of
Catherine Boogar and TO pay her ON the 18Th of
each month SO, provided that summer yaca.
tlons and temporary absence OF parties from
the residence of parties shall not be construed
into an act of boarding or Of failure upon their
part To keep house
AZ regards the first proposition the
plain tif's counsel claimed that the medical
services were extraordinary. AS far as the
second defense was concerned there was
no validity to Ii, for the reasnn that il had
been vitiated by the failure of PhilIip
Boogar to comply with its terms OF paving
the S125.
Justice Cook was willing to give an i'm
mediate decision, out the counsel asked for
ten days time ia which to file briefs. W bich
request was granted.