The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-07-14

Judge Bartch was occupied most of
yesterday in hearing the divorce suit
of c. L. McKibbens against Isabella
McKibbins. Judge Bowman and At
torney John NJ. Zane appeared for the
plaintiff and Attorneys J. NJ. Cannon
and Barlow Ferguson for the defend
ant.
The complaint sets up that the mar
riage took place on October Is, 1890, at
Golden, Colo, and that one child, Isa-
bella, aged 3, was born to them. 1t is
then alleged that Mrs. McKibbens, on
September IS, 1894, committed adultery
with one O'NeiII L. McNeeley and with
divers other persons; also that, with
out any cause, defendant deserted her
husband. Plaintiff also alleges that
Mrs. McKibbens is an unfit person to
have the care Of the child, and he
prays for a decree of divorce and the
custody of their daughter.
Answer and Cross-COmpIaint.
Mrs NIcKibben, who is now house
keeper for Judge Mckay, filed an an
swer and cross-complaint in which she
denied the allegations Of acnltery and
alleged that since the marriage her
husband had continuously treated her
in cruel and inhuman manner, par
ticularly on December 1881, in Farm
ers' ward, he used vile and abusive
language towards her and in violent
manner pushed her against the wall
and threatened to take her life. She
also alleged that at various dates he
threatened to kill her, and on June II,
1894, she was obliged to leave home to
prevent him from carrying out his
threats.
She testified that she, on his prom
Using TO mend his conduct, came back,
but was again obliged to leave, and
went to live with her sister at Colo
...do Springs.
She demanded a decree of divorce,
$40 a month alimony and the custody
of the child.
For the plaintiff, c. L. McKibber5
Mrs. Steers, E. A. Franks, Mr.. Steers,
and Mr. Brown were examined and
for the defense, Albert D. McNeely,
Mrs. AIcKibbens, George +. Newland,
Mrs Bevans, F. A w. Strehl, Mrs.
Strehl, Mrs. McNealy and Mr.. Young
berg.
An Unhappy Family.
The plaintiffs testimony went 10
show that his wife had been unduly
intimate with McNeely, and also that
she was on more than friendly terms
with other parties. He admitted
quarreling with his wife very fire.
quentIy and called her bad names
and said that she called him a dirty
dog and other epithets of ar unsayory
kind.
Detective E. 4. Franks said he had
been employed to shadow Mrs McKib-
bens by her husband and had on sew
eral occasions seen person, who to
the best Of his judgment was McNeeiy,
go to McKibbens' house when the hus-
band was away. He watched the house
and from the shadows which appeared
on tine curtains concluded that Nc
Nicely and Mrs. McKibbens were mis-
conducting themselves in the parlOr.
Mrs. McKfbbens Testifes.
Mrs. McKibbens testified that her
husband quarrelled with her very fire.
quently and called her the Vilest
names, accused her Of unchastity and
ordered her to go away and to take
her brat with her. He was poor
provider, and ever since the marriage
she had had only two dresses. She alb
solutely denied any improperly with
McNeely or anyone else. McNeely
came to the house several times, most
ly accompanied by his wife.
Albert McNeely said he had only
been three things at IcKibbens'
and once he went there on business.
He never had any improper relations
with Mrs. McKibbens.
The other witnesses for the defense
corroborated Mrs. McKibbens' testi-
mony in regard to her husband calling
i2el bad names and making life gen
orally miserable for her.
After the arguments were made his
honor delivered judgment in favor of
Mrs McKibbens, giving her the di-
vorce and the custody of the child.
The matter of alimony was left open
for the present TO see if the parties
could agree between themselves as to
The amount and if they don't the
judge will then settle it himself.