The morning times., 1896-02-02
POVERTY was HIS plea
Aged James Fitzpatrick Says He
Cannot Pay AIimony:
WIFE SAYS HE Is WEALTHY
Declares He Has Property and a
Pension Be-idcs--Old Man Put Up
Strenuous Denial TO the Asser-
tions of the Other Side-Queer
Testimony Brought Ont.

With u Iby ysical nj. .esty of presence fit
for a United States Senator, old James Fitz-
patrick lowered before Chief Justice Bing-
ham to plead in defense of a charge OF con-
tempt of court in refusing TO pay alimony
TO his divorced wife.
Alongside, like n tug beside a Cunard
steamer, fussc. and worried MIR. Wood
worth, the clever, Ioiy-poly little attorney,
who had been asked by a friend of MIR.
Fitzpatrick 10 arrcar Tor hilh.
On thc other side stood Attorney VIM.
Preston Williamson, victor III II hundred
divorce suits, stif-lpSscsscd and watchfui
| of Ills interests. The whole proceeding was
| u comedy welt adopted 10 set off the serious
opinion just rendered by Judge Bingham
| in the electric Eight cases.
Mr.>Fitzpatrick was once weii-known
as pushing successful contractor here.
He is now seventy -four years old and much
broken III strength His giant form bent
| and hands trcnIh!ed as be spiritcdy upheld
his cause before TIRE judge yesterday.
His wife. IatharIDe, sued him Tor di'
vurcc about Il year ago. She Claimed that
he still owned houses here worth S31 900
and drew Il pension OF $40 month. But
| ne was usually 81 drunk, she SAID. that lie
hardly knew what belonged 10 him. He
had also Il 55.noo case before tie court
of claims. They We're married in 1856.
Ten years ago be began 10 drink heavily
and became ysry cruel 10 her. He broke
her little finger in his brutal trcd tInent
of her. For II long time, She said, he had
failed to provide for her. She wls obliged,
though Old ard feeble. TO cook and sew
and do anything she could 10 exc out a
living.
HOW SHE WON 1T.
Upon this showing Mrs. Fitzpatrick Won
her divorce, with counsel fees aud aiimony.
The old man pad the counsel fees and he
has been angry at Nr. Williamson ever
since. He also paid a Little alimony, but
stopped several weeks ago. An CIDER was
obtained commanding hiin TO pay $50
down and Si5 every three months. His
failure to compIy brought him before the
chief justice yesterday morning.
Mr.. Woodworth hustled up beside his
big protegr when he Was brought in by
the marshall and began 10 tell how he
was a poor old maB. wOI,lily addicted to
drink weak and unprct"ci Ell.
THAT is the true state OF the facts, as
understand" he said, appealing to MI
| Fitzpatrick.
NO" Numbered the oh man But
| Judge, ] have no rlOaey and 10 lawyer. !
| don't know wi3t yon are going to &c
| about it: can't pay
MR.. wOODwoRT'H EXPLAINED.
Mr. Woodwork explained his conncc'
| ton with the case aud Mr.. Williamson
handed the Judge an affidavit, telling
what his experience bad been in trying tc
| collect the money. Mr. Fitzpatrick said
| the paper admitted that he had Sl2O in
| bank, but added:
"You can GO 10 Il. ] won't pay
you a cent. You can get vour money the
| best way you know how.
This reply was in the face Of the order
| of the court commanding him to pay As
| the Judge was about 10 sI.ak after read
| ing the affidavit. Mr.. Fitzpatrick began
| pleading his case. Saying lie was old and
| unable TO earn anything. His pension was
| only SO month. Judge Bingham siid
1 he seemed to be u man or eonslderan't
strength and Intelligence, and his age
| did not necessarily prevent his making
] living for himself and wife
Mr. FitzDatrick admitted that he had
| SlO4 in bank. but said:
"would you throw me out on the street
to beg?'
.You drove your wife out to live the
| best way she COULD" responded Mr. VII
hanson.
| After further questions rs to what would
| be done if he did not pay, and plain
| statement that in view OF his wiifui ton
tempt OF court Mr.. Fitzpatrick ought TO be
| sent to Jail, Mr.. Williamson said:
.'If he will agree to pay $50 out OF The
| SIO4 he has in bank, md So 4 month OF MS
| $40 pension, we will accept that i'll settle
ment-"
This was settled, but Mr.. Fitzpatrick
| violently objected to making the checs
| payable to Mr.. williamson He said he nae
| already paid the attorney all he was going
| to nav him. Judge Bingham finally directed
| that he should make the check payable
| to Mrs. Fitzgerald.
The money was needed at once. and soin'
| CONSERVATION was caused when MIR. Wood
worth announced that the banks had CLOSED
| at noon, and the check could not be cashed
| Deputy Marshal Robinson said, however
| hethought he could manage the matter satis
| ractoriiy, and the procession filed out o.
| court with Mr.. Fitzpatrick in his charg'
! till the money should be paid.