Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-09-30

verified or dispfovej. Upon leaving
Manit0u, defendant took plalntiif Win
him % Colorado Spring., snd spent
some hours there, going to Denver In
the evening with plaintiff aud her SIS
tor. He entertained the Ladies nj diu.
ner al the Albany, ami Escorted them
TO their home, but brought plaintin
back to tho hotel, where she remained
all nigni, he staying with her In her
room, ~ sue sayg.
IL ia unnecessary 10 pufeus the ut-
tails Of the story further. In July OF
August, 1892, plaintiff UAs again 80
this city, this time registering as Mfs.
Kelsey, NJ the Walker House. Upon
other occasions dee idaut visited her
OIL Dsuver, each time stayiug win h,f
OF her hOmc--Ibo place provided Tor
her by defendant. Up0n all 0ccssilus
they beddud togelhor a. man AMI vile.
DESCENDANT dsaies any sexual fcla-
lions after March, 1883, wnen the
faulty left Salt Like Guy. II is not
necessary fOT me TO pas. upJn tue
probability OF this story. lie also ~.
trOIuc In evidences eome eight OF
niue letter. claimsd % have been writ.
ten 70 him by plaintiff, aud In t0me %
NhNlW SUI NNNNNH W hAAaNh - ~" 49,"
tfess IN % tneir mItla Gin uuu sue
status Of their child. Thess letters are
not admitted by plainliii, but are tesii-
He'd to by defendant ~ having been
received rom plaintiff. The plaiuun
tustlfies, however, that Ia 1859, Just
when, whether be orc or after tue birth
u the child She does not remember, the
defendant In q momsut VI ifritau0n
al A. A.. {. l. UIN a Thai IuI
tue time aho believed she had oeen
sacrificed. aud the thought had an
Alasming effect upon htE Ihat ~
times shs wa. not ruspOnhble for what
she did or wrote. la THIS che IL cor
FEDERATED by her mother. A,tefwAfds
she states, d. fondaut informed her that
he did not mean wnat he said, and thls
very nearly satisfied heG
These letters are but pieces OF evi.
dence to be considered anu weighed
with all other evidence, In the iisht
OF ths circumstances. IL thc plain
un's account Is true, the statements
Ia some vi these lettort, 80 c3uficnuy
relied ON by deicnunups council afe
satisfactorily explained. We may wei
Imagine tue effect upon young anu
Trusting woman And mother Of 2 claim
made by the father OF her Guild, that
she was not HE vile, when she Tad
supposed hefself to hu lawiuily mar
rice. II not his wife what o.uid sue
be tui his mistress, aud tue wOmsn
aud mOthofly instlnot would impei her
60 implofe tnu man eho 0slioved anl
betrayed hor, - marry hsh Thee
matters may ali property be considered
upon tns tinal bearlnP.
la addition 10 the evidence referred
20, there IL All admission OF the d.
fanIAnt, testified 20 by tia witness
Hansen. MI. Hansen, who isa spof-
tof on daily nswspapsr, ie.iiiles that
about two year, ago he lntstvieNtu
defendant fot his paper, and asked
him concerning claim mauo by
y sintlii that sue VISA defcn ants wife.
rnat Defendant ssii, plaintiff was or
h III been his wife, but was not now.
risis dsuisd BY the GoiendAut anu
the witness Gillespie. VINO IL deiend-
aups nephew aud partner In business.
the fact that there are other aimis.
sions u defendant testified TO by APP
pargntiy reputable vitneases wouid
naturally lead me 10 give ofedeuce 10
Mr.. hanscH's story. lie i moreover,
90 Tar as appoATs, quito dtsintereslcI,
anu TO tho knowledge OF tbs court has
tho reputation In this oJmmupity tot
probity aud cfedibility. Now what
effect Ia 10 be- given to all these adj
IN salons, -proven, or at least supported
by evidence apparently credible. tits
suggested that they do not tend 10
prove n legal marriage, nor . marriage
at tho time and place statsi In the
complaint. do not concur with
this. A msrrlago may be proveu-
even In criminal cascs-hy tho
admissions Of the party, AM whethof
the admission Of the tact Of marriage
1. to DO taken as an admission Of
lawful marriage In accordance with
too laws OF tho couutry who're solsm-
.izsI, 4, W DO dolefminei by tho Jury
or oluTt which tries toe fact.
u. =. vs. Miles. LOB U. 4. 3ll.
by admissions refer TO tne conduct
anu sets OF dciopd ani touching his
apparent relations 10 plaintiff. These
tend 10 prove a lawful marriage, Abd
certainly are cOTTouorative Of plaintiffs
testimony OF tho marriage. Al.
Missions, verbal or by conduct, do not
constitute marriage, but they are
evidence OF the Tact, and sometimes,
particularly u deliberately made and
precisely identified, afford most AAiis-
factory proof. Atlhi- time certainly
Cannot ignore this evidence.
Upon the whole am Of tho opinion
that the tplainliii has made out her
ca.e sufficiently Or Tho purpose OF Ihis
motion, and IL entit OF 70 hllmony;
that the sum vi $40 pvt rl3a n nsces.
safy for the support OF plslu.in AMI
Q az, bsginn!us with tue .0.n Gay Il
August, 1895, tho return dsy of u,
rider 20 shOw Cause; at $40 10 now
nees.saIy AZ suit money; And $500 b,
now necessary and rs1SO.abls rs coun.
sol zoe.
The Ort.T OF the court IL that within
twenty days from eniry thereof, tn,
defendant do pay to tue clerk ne suit
money Tor the use Of plalntin, S75, hnl
f1r tue use OF plaintlf's counsel, $500
that on the frat DAY Of Ou.ober, aud oI
lho met day OF each succeeding month
Gs endAnt pay 10 the clerk OF the cOuf
a. temporary slimony Tor plaintiff Thu
sum OF $40, and that te'ondant ii
within ten days, pay the further suu
OF $40, as AlimOuy for September from
tie date OF the return day OF Gho order
W SHOW cgugr.
List An order be dawn accordingly
with leave TO plaintiff TO make r1di
tOnal application II her nsoessitie
require IT,