New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-08-19
4LTMONY FOR MRS. ABBEY.
JUSTICE sMYTH AWARDS HER $1,000 A
YEAR.
CHARGES or CRUELTY AND ABANDONMENT

CHARGES or CRUELTY AND ABANDONMENT
AGAINST HER HUSBAND.
Justice smyth, in Special Term, Part II, OF the
Supreme Court, yesterday heard application
made by Charles ". Brooke counsel for Mrs
Florence Gerard Abbey. for an order awarding
Mrs. Abbey $40 a week alimony and 500 counsel
fee, pending the trial OF her suit for separation
from her husband. Henry f. Abbey. Mr. Brooke.
I'm addressing the Court. said: Mrs. Abbey IL
utterly without means for her support or with
which TO prosecute her suit while Mr.. Abbey is in
receipt Of at least $4,000 year as one of the
managers OF the METROPOLITAN Opera Company.
We believe that Mr.. Abbey has other means. or
that he will shortly receive other sums Of money,
but are unable to say how much
Mr. Brooke then went into the history OF the
case. He said that the plaintiff was married 10
Mr.. Abbey at ST. Paurs Church, Boston. in Sep
tember 1892 and that they separated on April %
1896 when Mr.. Abbey abandoned his wife AT the
time of the marriage Mr.. Abbey was a widower
with two children. n girl about four years old and
a boy about years Old who was cripple
and has since died. Mrs Abbey assumed control
and direction these children, and won their love
and affection
Here Mr. Brooke hesitated a moment, and in an
impressive manner said: Mrs. Abbey has always
been kind. loving and vrtuous wife to Mr. Abb
hey She charges that h has becc me addicted to
the use Of intoxicating liquors and has often
abused and ill-treated her" After giving some
further details Mr. Brooke said: ION April %
last, on pretence Of taking his daughter to Long
Branch Abbey left his wife at their home at NO
10 West Fifty -ninth-st and has not since re
turned. For six weeks Mr.. Abbey has not con-
tributed to his wifc's support
Mr. Brooke then road Il letter dated May 4. 1885,
from George l.. Rves. counsel for Mr.. Abbey,
written to Christopher Fine. who at that time was
counsel for Mrs Abbey. in which Mr.. Rves re-
ferrod TO proposition OF Mr.. Abbeys counsel FOR
an allowance for her support. The proposition
was that there should be an agreement to scpa-
ration: that Mr. Abbey should pay Mrs. Abbey
5000 in cash and pay her trustees sl'O week
until October 1896, after which he was TO pay her
Sl2j a week According to this proposed agree
mcnt. Mrs. Abbey was to retain In her possession
her jewelry and personal effects. but was to ren-
quish all claim to the furniture and household
effects.
George L. Rives on behalf OF the defendant
said that he had thought it unnecessary to go into
the allegations in the complaint. but as the matter
had been brought out he would touch on the
charges He said that he thought specific denial5
of the charges unnecessary. in view Of the ab-
surdity of the charges to those who knew Mr.
Abbey leading member of tie theatrlcai pro PFC,
Riyes denied that Mrs abbey had been kind Or, and
he said. had generously supplied his wife with
mGney oTa she was Mfs Abby Mr. Rves said
was suspicious and jealous, and often used incon-
siderate language In the presence OF Mr.. Abbey =
daughter. 49, , &C., -,
Mr. Rves said that he had afidavta from MI
Abbev's daughter and Mrs. knight, her grand
mother. to the effect that Mr.. Abbey had been
uniformly kind to his wife and had neveT abused abused
her lie also said he had afidavits from James
Rogers. servant and from Mr. Abbey.s partner;
that Mr. Abbey was man Of good chaIactGr ana
not a drunkard. Here Mr.. Brooke broke IN ana
began reading a letter from Mr.. Abbeys daughter
10 Mrs. Abbey as follows; Daring MotheI. ~,
won't let me come home. He promised ne wouid
on Saturday. but this morning he said =
That's not necessary sad Justice 1lny ,I, NJ
I understand it this is question OF aHmony
Mr. Rives replied that the abandonment or MIS-
Abbey bv her husband was admitted. and II that
was the only charge limited divorce might be
obtained rapidly and cheaply. The lawyers, MI
Rives sajd might confer and arrive at an under
Standing. he thought one-nfth Of Mr.. Abbeys
income would be enough for Mrs Abbey supIorrtI
mOny pending trial of the action. and allowed 800
c,r counsel fee.