The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-08
Mrs. Horsley Awarded Divorce
and Substantial AIimony.
THE ROSE FAMILY TROUBLES
MOTION FOR ALIMONY BRINGS
OUT GRAVE ALLEGATIONS.
Mrs. Odd Says Her Husband De-
serted Rer-Short Orders BY
Chief Justice Merritt-Artist Ell
seie Pays the Costs and Goes
Free-GeneraI Court Cuttings.


The divorce case of Catherine
Hershey against Clement Horsley
came on for nearing before Chief JUS
tice Merritt yesterday morning. Judge
Powers appeared for the plaintiff and
Attorney r. B. Shepherd for the de-
PENDANT
The grounds on which the divorce
was asked were cruelty, which the de-
fendant denied.
Mrs Horsley was the first witness
examined and testified that the mar
riage took place on June %, 1857. They
had three daughters, the eldest 81 and
the youngest %.
By the joint efforts of husband and
wife they had accumulated property
of the value of $4,000.
She said her husband drank Excess
sively, enough to keep the devil in
him all the time" Latterly he had been
worse than usual and had lost his po
sition through his drunkenness. He
called her the yilest of names and
threatened to kill her and on several
occasions had struck her. She had no
means and asked for $40 a month ali
mony.
CrOss-ExaminatiO
On cross-examination, Mrs. Horsiey
told of having lived in st. George eight
or nine years since her marriage.
They had never lived happily, as her
husband had always neglected her.
By being very careful, she had got
along with what he brought her of his
earnings. He had been so "beastly"
jealous that she could not kiss her
sister; he had been jealous of her
years ago. She had been a faithful
and dutiful wife. When he was dis
charged from the theatre, Mr.. HorsIey
told her it was because the ladies COM
planned of his offensive breath, through
the use of liquor. She had been more
anxious for him to work than he was.
When he got on his sprees she would
nurse him and brace him up with
medicine, to save him from being dis
charged from his employment. Since
April her daughter had supported her,
and she had received nothing from Mr..
Horsley. They had had a horse and
buggy, but he had taken the horse
away out of spite. While they were
living together, sometimes she would
get 81 or So a week. She had got a dol
lar from him a few days ago for med
icine. She never had locked him out
of the house. If she had done so he
would have smashed every window in
the house. She had sometimes called
him hard names when he made her
angry. He was a desperate tempered
man, and had threatened to kill her.
mat was the occasion of her leaving
him for the three weeks she was alb
sent from home. She had never given
him cause for jealousy.
Miss Hattie Horsley.
Miss Hattie L. Horsley, daughter of
the plaintiff ana defendant, said her
Iatner mad used liquor to an extent
that he made their home very un-
happy He was frequently drunk. and
had treated her mother with extreme
cruelty calling her the vilest names.
He also called the witness vile names.
She saw him strike her mother last
February. Her mother had been far
kinder than her father deserved. Wit
ness saw her father throw a. chair at
her mother, hitting her on the foot On
cFoss-eXaminati ton the witness said her
mother sent her to school, her father
showing no care. He had mistreated
her mother. Witness would not do for
any drunken man what her mother had
done for her father Witness had pre-
vented her father striking her mother
several times. They had not put him
out of the house or driven him away
Rows were very frequent. When
asked if she had any love for her
father, witness said: THAT I decline
to answer
Two letters, one from Mrs. Horsley to
her husband with a proposition to set
tie their difficulties, and the other to
r. II. Hardy, were offered in evidence
by the defense. but were excluded by
the court as not bearing on the issues
, in the case.
The Defendants Side.
Glenn Horsley, the defendant, testi-
fled that he was engaged as bartender
getting $12 week, S. in tithing scrip
and 81 in money. The proprietor of the
saloon takes the scrip in business and
pays it to his employees. He had not
claimed that his property was worth
$4,000. He could not get more than
$1,000 for it now. MIR. Horsley said: ST
acknowledge 1 drink beer, but as to
raising row and all that, [ do not"
He had never had delirium tremens;
had not been discharged for drunken
ness; had been discharged from the
theatre because someone else did the
work cheaper. Mr.. Horsley, in reply
to an inquiry as to striking his wife,
said: ut is false as HI" when his
attorney reminded him that he must
not talk that way in court.
He denied throwing chair at
his wife. He also denied striking her,
and remarked that he was too much of
a gentleman to strike a lady, no mat
ter what she did.
Judge Merritt reviewed the evidence,
commenting on its conflicting charac-
ter. He thought man who had to
have his boots taken off when be got
home might be drunk, under the cir
cumstances stated. The cruelty was
alleged by the plaintiff and denied by
the defendant, but the testimony of
the wife was corroborated by the
daughter. The court sustained the ac-
ton for divorce on the ground of cru
city, and granted the decree He was
no expert in family matters, but
thought no good would come of keep
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