The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-10-20


months, September ana October, is now
due and unpaid, hence the contempt
proceedings.
Firm of Kelsey & Gillespie.
The defendant testified that he-had
earned very little money lately, and
submitted a statement showing the
earnings of the firm of Kelsey & Gill
lespie for the past nine months to be
only $1.S10.S4, and for the past three
months only Sl6206, half of which was
his. The property Of the firm was
mortgaged for $50. 794S5. and his home
was mortgaged for $12,950. All the
firms property except two small pieces
of real estate was not producing any
income.
The firm owed I. II. Shafer 100000,
Moses Hallet $4,000, Jennie p. Harvey
s., 500. Nellie Wall $500. Richard Mack
sntosh $1,000, W. S. Mccormick 1922,
German Loan society $1,000 and smaller
amounts to different parties.
Witness said he owned $40 indi-
Vidually, and was unable to pay even
the interest. and the sole reason he
didn't pay the alimony as ordered by
tne court was because he hadn't the
money.
Small Earning Capacity.
C-oss-eXamined by Mr.. Varian wit
hass said the firm S income was only $31
per month at the present time. The
firm kept a clerk and their expenses
were about 500 a month. He had some
household goods. a chain, but no
watch, the latter he had sold to Gill
iespie for $50 He said he had sold the
watch after the order to pay alimony
was made but had not included it in
mis- personal property. He had coli
lected no money since July q last.
His family expenses were about $50 a
month. He decided property to his
mother on October . because he
owed her $500 on a note signed by
Gillespie and himself.
Gillespie didn't join in the conveyance
20 secure defendants mother, because
witness had assumed the responsibility
for the debt alone. In view of the
shape matters were assuming in this
case witness said lDe thought it best
to secure his mother He had tried to
borrow the money, but couldn't get it.
''You ordered a transcript of the evil
dence to be made in this case?" asked
Mr.. Varian.
"Ees"
AT a cost of $100?"
yes, but havn't paid L."
How much have You paid your at
tnrneys?"
"One hundred dollars"
"If you went to work for other people
you could earn $125 a month";"
81 don't know
Witness admitted that he had a dia-
nOnd, but couldn't show it because he
was having it cleaned. He had no idea
of what it was worth. He said he had
the court and the only reason he hadn' t
paid the money was because ne didn't
have it.
). IA. Gillespie.
J. X. Gillespie took the stand and
said the statement of the firms in
debtedness and earnings was correct.
He gave the diamond ring to Kelsey.
II cost SIS or $40.
The property which Kelsey conveyed
to his mother, witness said. was not
worth the amount OF the first mort
gage.
George Cullins said Kelsey owed him
$1,000 and he had been unable to keep
the interest up.
ether Testimony.
Richard Macintosh said Kelsey &
Gillespie We're indebted TO him in the
sum of S5000 with interest for about
two years. He could get neither in
terest nor principal because the par
ties did not appear to have the money.
The debt was secured by a trust deed
on piece Of property, which, however,
would not realize sufficient to satisfy
the claim.
T W. Partridge said the firm owed
his sister $500, which they could not
pay. The debt was secured by mort
cages on real estate.
". s. Mccormick said Kelsey indi-
Vidually owed him between So 900 and
$4,000 ana two or three years accrued
interest. He had often applied for
payment but never got it, and witness
could not find any unincumbered prop
erty of kelsey's that he could get hold
OF. He had no security for the in
deGedness.
Defendant Recalled
L. P. Kelsey. the defendant. testified
shat when he stated in his answer that
he was earning $4,000 2 year as
member Of the firm of Kelsey 6, Gil
lespie, he overeStimated the amount
and since found out that the firm for
The first six months of this year had
earned only $f,100 net, half of which
was his.
Judge Merritt-This order is for $50.
can you not raise that amount?
Mr. Aelsey-Not without going to
some friend and telling him that I
was in distress; then I might get If
Judge Merritt-Have you honestlv
tried to pay the money?
>. AIR. helsey-I would pay it If had
It.
The Arguments
Colonel Ellis made a short arrun,an+
on behalf of the defendant. urging that
1t was altogether impossible for KEEL
sey to pay at the nresnnt
time. His affairs were in sncb
condition that no human baira
could take his estate and comply viz
the order Of the court. KELSEY ba5
earned scarcely enough to exist IlnonN
miserable sum Of SIS a mouti7-whicb
was all he had earned for the last
three months, and out Of that he had
&c support his mother. Counsel asked
that the defendant be discharged.
Attorney G. S. Varian said he did not
ADMIT that because q mans property
was tied up that he could earn no
money Taking Kelsey's answer to
the complaint, he admitted earning
S2.0OG a year, 70 having S1,500 worth Of
personal property, and valuable euui-
ties in real estate The validity of the
marriage is the point he goes on first:
when that breaks down then they
change their pleadings and now want
to make it appear he has nothing
Counsel referred to the great virtue
which Kelsey got credit for In the mind
Of opposing counsel for supporting his
mother, but Mr.. Varian wanted to
know Il there was any higher duty de-