The morning call., 1894-05-17
HEARD WITH CLOSED DOOR
Evidence of Infidelity, Cruelty
and Abduction.
HUSBAND MAKES NO DEFENSE.
Custody of the Children Granted tC
the Wife-They Are Supposed
to Be in France.

The suits brought by Mrs. Lorraine w.
de la MOntanya against her husband,
James, for divorce and for custody of the
two minor children, was decided by Judge
Slack yesterday, no opposition being made
by the husband.
The whole story of the troubles that
arose between the Unmatched pair has
been told over and over again IN the
columns of The CALL. James de la Mon
lanya appears from the first to have treated
his wife and children with cruelty. giving
way to occasional gusts OF passion and i'll
temper, and generally making thin gs un-
pleasant, And from allegations made and
substantiated yesterday by testimony it
would seem that James of that ilk bore the
reverse OF a moral reputation.
In November last James de la Montanya,
with whom his little daughter Lorraine
was living. caused the boy James Francis
TO be abducted, and the two children are
now supposed 10 be residing somewhere
in Paris. An order was made by Judge
Slack last week appointing eX-Judge
Spencer of San Jose, father of Mrs. de la
Mont anya, guardian ad Item of the chill
dren, but their recovery looks al present
extrP mely DFoblehatical.
The parties were before Judge Slack yes
attorneys, b. d. Hoe ffier, Carroll Cook aud
ex-Judge Spencer. The defendant made no
appearance and ives not represented in
any. way. Default had previously been
entered against him in both cases.
1t was intinfated by counsel that the tes-
timOny was of such a nature. that he
eases had better be heard with closed doors.
Judge Slack granted this request rather
unwiillngly, stating that he did not believe
III such system. However, the ddOrs
were closed and the public excluded.
The evidence introduced tended to
prove three things; that james. &c la Mon
ianya had been repeatedly un faithful To
his wife that he had been cruel to her AID
tOsthe children; and that IL was be who,
with The aid of his sister Jennie, earfieu
off he boy James Frances de la Montanya
from the custody Of MS mother in Novem-
Der last.
Testimony as to De la Montanya's profit
ga e habits was given by Louis A. Sage
OF Saratoga Springs, by Charles Terry and
Ned Foster of the Bella Union and by
Joe Watkins of Sacramento.
Theresa SupeTville. The nurse employed
by Mrs. de la MOntanya in San Jose to
take charge of the little boy, told the story
OF his abduction. She was asked by Miss
Jennie de la Montanya to take the child to
Santa Clara, 10 go for a drive. She said
nothing TO Mrs. de la Montanya, but did
as she was hidden. Arrived at the railway
station she met James de Ia MOntsnyR and
his sis er, who pushed her and the child
on board train bound for San Francis CO..
The witness and her charge were taken
to De la Montanya's house on Taylor
street for one night and afierward to
Haywards for a week. From there they
went to Sacramento, where the nurse vas
dropped. She never sa either James de
la Non tanya or the child again.
Milo Knox of Haywards said that the
party stayed at his house for one week. 1t
was represented to him that. the mother
was sick and unable h. accompany them.
Ex-Judge Spencer. father of Mrs..de la
Monianya, gave evidence relating to the
cruelty of his sOn-in-aw, He had OBJ
served these acts from time to time, be, h
ia his son-in-law's house in San Francisco
and also In San Jose. On one occasion De
la Mon anya treated his daughter in a
shocking manner because size could not
swallow large quantity of soup he had
prepared for her.
Mrs. Lorraine de la Montanya testifie d
on behalf of herself and her children, an d
Judge Slack made an order Forthwith h
granting Mrs. de la Montanya a divorce
on the ground OF her hus bands infidelity
and extreme cruelty and awarding her the
custody OF the two children, James Fran
CTS and Lorraine. A motion for alimony
and counsel fees was also granted. the
amounts to be fixed by a further order of
the court.
The second action, which concerned the
custody of the children only, was, of
course, decided In favor of Mrs. de la
Montauya, but just how she is going to
spirit her children from their French
hidng-plaee remains to- be seen.