The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-05-02
WHAT THE JURY SAYS
Mrs. Gray Was Injured, So Was Her
Husband at Various Times.
FIGHTING FOR THE CHILD
The Case Is Concluded and the Jury
Returns a Lot OF Findinss--Evi- +
dence Shows That All Was 4
Not Serene in the House.

Butte, May 1.-The trial of the Gray
divorce case was concluded this morn
ing and the jury returned a lot of
special findings. by which both parties
are entitled to a divorce. and Judge
Mediation will next Saturday decide
which one should have the decree.
Mrs. Gray sued for a divorce on the
ground of. cruelty. and Mr.. Gray sued
on a cross-complaint. charging adult
terry. The jury decided that both were
guilty as charged. tt
When the trial was resumed this
morning Mr.. Cotter offered in evidence
the registers of the st. James and
Southern hotels, showing that Thomas
w. Thomas and Mrs. Gray registered
as husband and wife at those houses.
DR.. Holmes, who had been charged
by Mrs. Gray in her testimony with
having performed criminal operation
on her at the instance of her husband.
was called as a witness. He testified
that Gray consulted him about
his wife's condition. She COM
planned of severe pains in her
side. He examined her and
found her suffering from a con-
dition that might have been brought
on by acts of her own. He treated her
for this condition for the purpose OF
relieving her. and several days after
ward he was summoned to the house
and found that she had suffered a
mishap. Mrs. Gray told him that her
pain in the first place had been caused
by falling over a washtub. The doc
tor denied that Mr.. Gray ever spoke
to him about performing criminal
hat cot hovoa1f
once asked him to help her out"
and he informed her that he was not
in that kind of business, and she left
the office At this statement Of the
doctor Mrs. Gray shook her head.
There was no cross-examination and
the witness was excused. x
Robert Evans testified that he had
been on terms of intimacy with Mr..
and Mrs. Gray, as neighbors, for three
years, and visited them nearly every
day and some days half a dozen
times. He never heard Gray swear at
his wife or call her vile names, but
on the contrary, he treated her very
considerably. and they appeared to
get along as well as the average mar
ried couple.
Mrs. Clifton, housekeeper for Mr..
Gray, was the next witness. She had
also lived with the Grays before they
parted and she thought Gray always
never complained about her husband
treatment and he was seldom cross or
ill-tempered.
The case for the defense closed with
the testimony of Mrs. Clifton, and Mr..
Wines created some surprise by an
nouncing that he had no rebuttal tes-
| timony to offer and was ready to sub
NIT the case to the jury without argu-
| ment, to which Mr.. Cotter agreed, and
/ the court took short recess to per-
| NIT the court to examine the instruc-
| tons submitted. 1t was understood
that the sudden ending of the case was
| due to the fact that Mr.. Wines would
not consent to the fair plaintiff going
on the witness stand in rebuttal
The courts instructions defined the
meaning of cruelty as charged in Mrs
Gray's complaint, and said that If the
| acts of cruelty were provoked by the
| conduct of the plaintiff then Ii would
be no ground for divorce. The instruc.
| tions on the cross-bill were to the eff.
| feet that If the charges of adultery
1 were proven then a verdict should be
| found for the defendant.
A verdict in the form of a lot oil
| special findings was submitted to the
| jury. They were out nearly an hour
and found that the defendant, Thomas
| e. Gray, was guilty of extreme cru
city toward his wife on July 3, 1893
| when he called her a vile name and
| threw a table knffe at her, ana thai
his wife had never forgiven him OIL
condoned the offense. On the other
hand. the jury found that Mrs. Gray
/ was not guilty of adultery with Thorn
| as w. Thomas on Watson avenue
on last Christmas night, but that she
| was guilty of the act at the st. James
hotel on Dec. 26. and at other times
and places subsequent and prior e
| that time.
The Judge announced that on mex
Saturday he would hear arguments fol
a decree. The only fight between the
parties Is over the possession of the
| youngest child, and on the findings
of the jury the defense will contend
| that Mrs. Gray is not a fit person Il
have charge of the child. 1t is evident
that the testimony presented against
Mrs. Gray was a surprise to her at
torney. who. in spite of it, made the
best possible fight for such a bad case
| Before the case came to trial the de
| Tense made several overtures to Mrs
Gray to settle the affair by permit
| ting her to take decree on the ground
of cruelty IL she would give up. hel
| claim to the child and alimony. Il
was hoped to save her from the dis
| grace of the publicity that would re
suit from a trial. but she refused tn,
/ offers.