Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-10-21
KELSEY TO THE PEN
That Is tho Order Made BY Jude
Merritt Today.
nm NOT AIT IN GOOD ram
10 Failing TO Pay, Says the Judge
lilo Is raLen Into Custody by
the 4. y. Marshal.

The Kelley contempt proceeding
were brought 20 on Issue today By ~
order committing Laws L. Kelsey I,
tile poniten;iafy Ia default OF paylnt
tne alimony ava del u Saddles lB
ke'sfy 10 her GuiI for divorce. IL
rendering his decision this morsing
Judge Merritt reviewed the status
tao case, aud tho defondani's tss.l.
mony on Saturday rs TO Ito property
he possessed and the incumbfance
thoFrOu. his transfer OF nineteen city
lots and other property 10 biz mother
sitter tue courts order was made, hii
sslo OF gold watch, payment Of slOt
10 his attorneys, giving Of n
81 400 bon1 on appeal. and
DINER mRitcis. Judge Merritt then
called attention to the fact that tbs
1 oil to his mother had been made be.
oAuso iof u 10 * time she had been
pressing him fos security, "AnJ. as he
admiis, Ia Wow VI tue shape matters
were assuming In THIS case" The
order OF the court then continues: ode.
ivnuant refused to say thst no bad
hunnstly tried to ray the nllmony and
ulu not and did NOT ray tbst no had
nade any effort 10 get the money. lie
l. 81 years oid,in apparent good health,
rpd siinlt, himself 10 DO business
man quilu capable OF making q fais
live llusOd.p
The coutps order IA tho contempt
case then proceeds ~ foll3wG "Hers
i \ man who 10 in business. He lives
M n valuable house, and with bis
partner maintains an Ofiios and clerk.
As nh ajJuuct 20 the business n horse
and buggy 10 used. He maintains his
niece and his mother, who has prop
etty Of her own, from which q small
Income Ia derived. Something was
said about his little daughter. although
l DO not remember that defendant said
he supported her. The living expenses
OF the family are about $40 10 $50 per
month, according 10 defendant. He
has been able TO raise funds 10 carry
on his sido OF this suit, anu has secured
four wealthy and prominent business
men ne his suretien on bond TO secure
the payment u 81, 400. 1 am satisfied
that his failure 10 pay this aiimony was
not tho result OF an actual inability 10
have no difficulty la providing for
funds to comply with tho order OF the
court The failure to present such do.
tense nj the hearing upon the ap-
plicaiion for suit money and allmnny,
coupled with the clear admissions In
the answer on his faculties, are not
without significsncs here. The convey.
ance TO his mother In tho light OF his
own explanation, together with tho
alleged sale OF his watch, only tend L.
confirm me In the belief that his pres.
cnt contention OF good faith In not true
In fact nnd, therefore, that IL 10 not
true that defer dAnt IN unable TO COM
My with tho order OF September 80,
1883; aud that he has contumaoiously
neglected and refused 10 pay tue suns
OF $40 respectively directed to be paid
on tho lat and 10Th days Of October,
1895, ss allmony, and h. IL consequent-
ly guilty OF contempt ofthis courl; aud
L further nnd shat II IN In the power OF
tho Defendant 10 make sald paymea,s,
anu do order anu hdiudgs thai hs 10
committed 80 tho custody OF tue United
states msranal Tor Utah Territory, To
DO by him confined and i'm pIisoasd ur.
III he shall obey the order OF The court
Aforesaid, and pay H., naid sum. cf
money, amounting 10 $50. or until dis.
charged by the court. Lot warrant
of commitment b0 made out forth
wlth.D
The order was made out. and ths u.
B, MarshAl allowed Mr.. Kelsey, at tho
latter's request, until this afternoon TO
decide whether ho would 10 TO the
PEI itsntlary or pay the money. At the
Time of going TO pfpss. Mr. Kslscy WINS
still In the marshaps oiilos, Win ono
Of hiee prospects before him; either to
secure liberty by some move OF his
attorney, TO pay the $50, on no to the
within q few minutes.