The herald., 1897-02-24
THE PARKHURST CASE ENDED
Judge Allen Defines Negligence Ia the
Eye of the Law
A Distinction Between the Natural and Legal
Guardian
Case Against g. v. Smith DismIssed-Murillo
Gets or Easy - The Walker Divorce
Case The BaIIerino Suit.
Court Notes

When woman faints away in a court
room the severity of legal methods are
very apt to be modified and not by or
der of the court either.
The austerity of the legal mind dis
appears, for the nonce. and only the
thoughtful consideration of the man is
seen. And so "one touch of nature
makes the whole world kim"
If this is so when one woman so far
forgets what is due to the majesty of
the law as to faint away, it may be i'm
agined how the legal procedure is dis
turbed when two women fall into manly
arms in a dead faint. And this is just
what did happen yesterday in Depart
ment six, during the hearing Of the
Heibron divorce case.
There are curious features about this
suit Eva D. Heilbron, in her COM
plant, leve,ed many hard charges
against her husband, William G. He'll
bron, and if what she claims is true, she
must, in very truth have had a hard
time of it. The husband has partners
interest in the billiard parlors on West
Second street near Broadway, and
pending a decision of the suit, he' was
interdicted from disposing of his equity
in the place.
Yesterday the case came up in De-
partment six upon the application of
G. P. Adams, Esq, counsel for Mrs.
Heilbron, for an order of court directing
the defendant to pay $50 as attorneys
fees. Under ordinary circumstances
this would be a very ordinary proceed
ing, but as Judge Allen pointed out, the
circumstances in this case are peculiar.
The wife has nothing and is confessedly
in hard position and the only hope of
her getting any monetary relief is by
compelling the defendant to nurse" his
business and pay over a reasonable
sum from the net proceeds. Truly or
otherwise, it is said that within the last
six years the defendant has made away
with about $200,000 of his wife's money,
but as Judge Allen stated, he has 1.-The
court behind him and the Jail in 'front.'"
and is very likely to curb his expensive
tastes.
Defendants counsel read the court a
letter from the Brunswick and Bake
company refusing to concede time on
payments in the premises, and stated
that they must have $75 at once, s1O0 in
March, and SIS per month from thence
on until the Indebtedness to them had
been liquidated. Under such circum-
fees, when 1t would take all of defen-
dant's time to rustic around and keep
his business going, seemed like, on a
very small scale, killing the goose that
laid the golden eggs"
Attorney Adams realized the peculiar
condition of things, and accepted the
offer of the court to go to trial at once,
and thus not jeopardize his clients in
terests by delay.
Among other witnesses examined was
a Miss Anna Greenwald, quite pretty
little nurse girl, who Uttered not lit
tie when forced to repeat the very
naughty words which Mr.. Heilbron used
to his wife, and indeed, scattered pro-
miscuously about the house when he
was at home. She told, too, what very
decided taste he displayed for alcoholic
liquors, and how with the increase of
liquid refreshment there was a decrease
in his manners.
Then Mrs. Heilbron went upon the
witness stand, leaving Caspar, the baby,
with its nurse. The one spot of relief in
the testimony was the defendants fond
ness and kindness to his baby boy. The
plaintiff is a dark, sad-faced woman,
and answered the various interrogator-
les for a time without any display of
emotion. Suddenly, and without any pre-
monition of what was coming, she fell
back in the chair in dead faint Slowly
sHulIlS uoWl, SHe would nave fallen to
the floor had not the defendant-her hus-
band-sprang forward from his seat and
caught her In his arms The court bailiff
came to his assistance, and Mrs. He'll
bron was assisted from the court room.
Meantime, however, Miss Greenwald
was showing signs of "hutteration," and
she, too, fell off into a sympathetic
fainting spell. Such diagnosis of the
case may not be scientifically accurate.
but it is sufficiently close to describe the
situation.
Mr.. Hetlbron had sent for hack. and
after some little trouble both of the
women were safely slowed away and sent
home. Under the circumstances there
was only one thing for the coIrt to do,
ard that was done-the further hearing
of the case was adjourned until Saturday
nAXt