The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-01-21


was taken up before Chief Justice
Zane and occupied the greater portion
of the day The action was brought
by the petitioner for the restoration to
him of his -year-old daughter
Marguerite. The defendants admitted
that the petitioner is the father of the
child but deny that she is unlawfuliy
restrained of her liberty and assert
that they obtained possession OF the
little girl under the following written
contract:
Salt Lake City. Jan. IS, 1893.
This is to certify that I, ]. w Rooms
do OF my own free will and consent,
give UP 10 Mrs. Anna NJ. A. Rrieger all
control and Jurisdiction of my daught-
er. Marguerite Rooms. In the absence
of Sadie May Rooms, the mother of
shid Marguerite Rooms and lawful
wife of the above named J. W. Rooms,
who, without cause or provocation,
left my bed and board and wilfully
deserted her child. I take this means
CT providing a home for said child,
and do this day agree that hereafter
she shall be known as Marguerite X.
Brieger j. w. Rooms.
Witness. Ann F. Connen. Frank
Eblin.
ICY dSSEIltu lttdI Tic ldLl4C4 dsAlO
mother are not fit persons to have the
custody of the child, that the former
is a drunkard and an idler and that
the latter is a prostitute.
Attorney J. NJ Hamilton appeared
for the petitioners and Judge Powers
represented the Briegers.
At the outset Attorney Hamilton
stated that serious allegations he
understood would be made against the
r1,l 4
asked that the hearing be conducted
with closed doors and that the news
papers be required to abstain from
publishing details of the case on
humane principles particularly in re-
gard TO Mrs. Rooms. Judge Zane
ordered that the general public be ex-
Guided from the court room but de-
clined TO make any order as to the
suppressing of the testimony by the
must have due regard for the public
and he did not wish to regulate their
custom as to that. they must exercise
their own discretion.
WILLIAM KooNs
was the first witness examined. He is
q young man of respectable appearance
and stated that he and his wife were
married at Park City in 1883 He
stated that he had worked for the city
and county for the DAILY Mining COM
paaly and other firms. The child was
always wen cared for while in the keep
ing of its parents. In February, 1898,
his wife went into situation at Ogden
and the Briegers, TO whom they were
related. insisted that the child should
be left with them. 1t is true he gave
them, at their request, "a piece of pa
per with reference to the keeping of
the child. but he did not understand
r. Lot,
guerite. Witness denied that he was
either a drunkard or a gambler. but
admitted that he took a glass occas-
ionally.
In REORGANIZATION, Mr. Rooms
said he was once fined IS at Park City,
simply FOR fighting. That was the
only thing against him. He had lat
had a job to go to on the Utah Cen
trail next Monday. When he gave the
Briegers the paper his wife had gone
away. She took the situation because
he was out of employment and hard
up" The witness admitted, however.
that his wife. after she returned from
Ogden, was the inmate of a certain
house in Franklin avenue for three
weeks or a month. and that he visited
her there. He himself was in work
at that time. He fetched her from
there. and they had since lived to-
gether. So far as he knew the child
had always been we'll treated by the
Briegers. When he signed the paper
he hardly knew what he was sign
ing, and was out Of work then The
day before he gave the child to the
Briegers-Mr. Brieger being his uncle
he was trying to get her into a local
nursery Witness and his wife were
AT present living with his mother. 1t
was a two room house and seven per-
sons IN all resided there
To Mr. Hamilton Rooms said that.
apart from the Franklin avenue inci-
dent. he had never known his wife
guilty Of immortality.
MRS. ELIZABETH Y. MACINTOSH
whose husband was at one time in the
employ of the Utah Central railway.
SAID that Nj. and Mrs Hall, the par
ents Of Mrs Rooms, were very respect
able people, and that Rooms was also
a hard working young man. She was
of the opinion that Mrs. Rooms was a.
good woman and all that man could
want in wife up to the time she left
Park City. The witness stated that
she had taken Mrs. Rooms out of a
house of i'll fame in this city.
MRS. HALL.
the mother of Mrs. Rooms. was called
and stated that she was willing to
take the entire charge of the child in
10 entrust it to the care az herself and
her husband
W. w. MACINTOSH
testified that he had known Rooms for
number of years; that he was hon
est and Industrious and that lIr. and
Mrs. Hall. Of Park City, the father and
mother of Rooms, were very respecta-
bic people.
Leon Mahew, Joseph Corras and ].
H. Shoulderbrand also testified farov-
ably as TO Mr. Rooms character.
MRS. KOONS.
the mother of the child, was next ex-
anained. She is % years of age. of nre
posing appearance, and gave a brief
outline of her career since her marriage
at Park City. She emphatically denied
the allegations as to her husband be-
ing Of drunken and idle habits and said
she herself was devoted to their child
When she went into the Service of
Mrs. Daily, the keeper of a restaurant
at Ogden, she corresponded with her
husband. When she learned her hus-
band had given the child. away she
felt very bad" and at once came back
to Salt Lake. This was in FEBRUARY
1893. Mrs. Brieger. when she called
there, spat in her face, shut the door
upon her and refused to let her see
the child Witness then went to Park
City, remained there till March and
then returned to Salt Lake The Rrieo-
ers had always since kept the child
from her-Tith one exception. when
she was allowed to see her-and had
even insulted her upon the street
Mr.. Brieger once struck her Mrs
Rooms admitted having been fined on
one occasion in this city for prostitu
ton, but declared that since July. 1899
she had lived a good life. and s,lch
rxYrc 1ar