The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-24


ehe greater part of yesterday with the
continued hearing on the plaintiffs
motion for alinlony in the divorce suit
of Sadies Kelsey against Lewis ?. KEEL
sey.
The plaintiff occupied a seat within
the bar with her mother, Mrs. Berg
Iund, and the little boy sat with them
and played around in happy innocence
Of the nature Of the proceedings in
which his mother and father were the
principal actors.
BY $50 e. m the evidence closed and
counsel will make their arguments to-
day, each side being limited to two
hours.
The proceedings opened yesterday by
A the examination OF the Defendant
z Lewis Z. Kelsey, who said, in reply 10
Al Colonel Ellis, that for the past SIX
y teen years his family consisted OF ms
u mother and his niece and his home
wasowith them in this city. He first
met the plaintiff in this case in Septem~
Der, 1887, but did not meet her very
often before J1ly or August Of 1888.
He called on her at her request, she
having sent him notes. He never took
her TO places of amusement. She lived
With her mother in a house rented to
them by Kelsey & Gillespie. She re-
ceived visits from other gentlemen, one
OF whom was Thomas jenkins. He
never talked with her about marriage
and never entered into any marriage
contract with her.
Colonel Ellis-Do you know whether
she ever understood that there was
any agreement Of marriage between
you?
Kelsey do.
Continuing. Mr., Kelsey said the
plaintiff never made to him any de-
i
s.here was any such agreement She
had frequently stated to the contrary;
had never married or promised TO
marry her. There was never any mar
rage or pretended marriage ceremony
between them, he said. She had not
been in his office since 1888. There was
never any ceremony of marriage there.
He did not remember the 18th or 18th
day of October, 1888, particularly.
There was nothing to draw his atten-
ton to either date. He never procured
anybody to perform or witness a mar
riage ceremony between them.
He Was Homebird.
Referring to plaintiffs testimony
upon that point, Kelsey said it was
not true. He had never made the
home of plaintiff his home in Salt Lake
Had never occupied any room with
her rs her husband in this city. She
never performed any of the duties of
wife in the way Of caring for his per-
sblal belongings. He never furnished
a room or rooms for their joint occu-
pancy. He had stayed at home every
night when he was in Salt Lake city.
- because of his mothers fears on his
( behalf; she always worried about him
II he was out late at night. He had
sent furniture 10 the hOus5 occupied by
plaintiff and her mother in 1888. He
had some furniture he did not know
what re- do with and Iaa - +ba,,,
He had proposed to lend it, as their
IS house was poorly furnished. This was
- about October u, 1888. The furniture
consisted of a bedroom suite some
carpetand a stove. The carpet was
put on the floors, and the furniture in
two rooms. The furniture was not
sert for his use. He paid visits to the
house after the furniture was taken
there, and usually occupied one Of the
rooms, the parlor. on his visits He
never lived there with the plaintiff as
his wife. When Mrs. Berglund and
her daughter left, he rented the house
and furniture. and afterward took the
furniture to his home
As TO their relations Mr. Kelsey
said he had never introduced the
plaintiff as his wife or referred to her
or addressed her as such. She had
Anever introduced him as her husband
or called herself by his name to his
knowledge. He had written and sent
kilograms to her On all but one oc-
c2sion he had addressed her as Sad;es
BerSlund. She never called him her
husband. He had contributed to the
support Of tie plaintiff and her child
He had mac presents to plaintiff and
her family, The plaintiff had made
him a present a. Christmas, 1888. and
not TO be outdone, he bought presents
in reSlrn. Before Christmas, 1888. he
never gave plaintiff any presents.
never gave her a diamond ring.
Did you ever give her gold
watch?"
Il don't remember"
Gave Her Over $4,000.
Kelsey, continuing, said he gave
plaintiff some money in October, 1888.
She said she was owing a bill to Auer-
( bach and had no money, so he gave
Ther some. He gave money at different
times subsequently, up to March 1889.
4 At the last named date he gave her
" $500. This was to pay the familv's
passage 10 Denver and to take care
of them till they could care for them
selves He gave a $500 certificate of
deposit to the plaintiff, purchased three
tickets to Denver and gave the bal
ance in money. On the LIST or I'd Of
May 1889, he gave plaintiff 5000 or $3.50
when he was in Denver. In the next
June he gave her 500. Then he sent
500 and over monthly. Up to the time
he ceased to give her money he had
sent her s4.925. subsequent to the time
they started to Denver. He had given
over $1,000 altogether
Why did you give the plaintiff this
money!"
''She told her mother of her condi-
tlon. saying l was the cause. and be-
heved it. I promised her mother to
care for her. and did it. About March
l, 1889, he visited the house. and the
plaintiff and her mother were present.
Mrs. Berglund stated to Kelsey the
condition Of her daughter, expressing
much chagrin and surprise The daugh-
ter then said, Kelsey stated, in the
presence Of her mother, that there was
no promise Of marriage. Her mother
asked the plaintiff why she had done
such thing, and the reply was that
she was tired of living as she had
done, and she had the name, and
might as well have the game Kelsey
then said Mrs. Bergiund asked what
he would do, and he said he would not
marry her, but would contribute to
rapport her till she could reform. and
Chen 10 support the child. He agreed
to give $50 per month for her, and
then the other $50 was for the child.
After then the plaintiff offered to take
LOCO as a settlement and to go away.
He said he could not do that, but he