The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-03-05
CENT TO JAIL FOR CONTEMPT.
NAVY FAILED TO PAY IiIS
" WIFE $40 a MONTH ALIMONY.

od en- the Rule to Show Cause
~.ot He Had NO Money and No EIi'-
,,.,.,t-He said He Did Not Dis
I'll the Courts Authority But
an. Not Able to Pay-Judge Fall
considered That He Could
Nc Paid the Amount If So Dis
81 end sent Him TO Jail Until
Further order of the Court.
:, Dalv defendant in the alimony
i, brought against him by his wife, Mrs.
Wv Dalv. was sent to Jail yesterday
=. Ealing TO comply with the order of the
..,rt directing him to pay his wife the
.,r, of SO per month.
rbo alimony suit of Daily against DAILY
.,s hoard in chambers before Judge Fal-
yrort in the early part of January, the
earring being in progress for four or five
,.rs Dalv put up a stubborn defense to
,,a s,i+ denying that his wife was enti-
.,3 IN any alimony on the claim that she
VA been unfaithful to him. Several wit
rssses were brought in to support these
,negations, but none of them seemed to
very strongly sustain them, and at the
,opclusion of the proceedings Judge Falli-
can't signed an order on Jan. ), directing
that DAILY pay his wife the sum of $40
a month on the 18th of each month until
the further order of the court.
Not one installment of this alimony has
ever been paid. DAILY failed to pay the
amount due for January, but Mrs. Days
counsel let the matter go by, giving him
chance to make it good later. The Feb
ruary payment was likewise overlooked
and yesterday Messrs. Gignilliat &
Stubbs filed a petition in the superior
court, calling attention to Days viola
lion of the order and asking that the court
order him to pay the money instanter, that
he be required to give bond for the future
payment of the monthly amounts, and that
he be required to show cause why he
should not be held in contempt of court
and committed to jail for refusing to obey
the courts orders.
Upon this petition Judge Falligant is
sued a rule for the arrest of DAILY at
Cnce, Ii was placed in the hands of Dep
uty O'Connor, who arrested DAILY and
brought him before Judge Falligant yes
terday afternoon. With DAILY appeared
his attorney, Mr. r. R. Richards, who
filed a sworn answer from Daily denying
that he disregarded the court or that he
was in contempt. He stated that on ac-
count of poverty and lack Of remunera-
tive employment, he was yet unable to
comply with the order of the court, but
that he never did have and did not have
then any disregard or contempt for the
court or its authority. On the other
hand he said he appreciated and recognize
ed the authority of the court, but that
he had no property of any kind by which
he could comply with the order
After this answer, sworn to by DAILY,
had been read, Judge Falligant asked Mr..
Richards if he had any further testimony
with regard to what Daily had stated in
his answer. Mr.. Richards replied that he
had not Judge Falligant considered that
the defendant could find means of paying
the alimOny if he made an effort to do so,
and he, therefore, directed that he be
sent to jail until the amount due is paid
and until the further order of the court.
Daily was taken at once to the jail, and
will remain there until he complies with
the courts order, ard perhaps longer if
Judge Falligant sees fit to keep hlmi there,
" tSdtl MN d ltSSOll tlldl AiG court Or
ders must be complied with if it is possi-
Bile to do it,
The trial of the alimony case was quite
O sensational one at the time, and consid-
cradle was said about it. DAILY lives with
his mother, who keeps a small store about
four miles out of the city. He says Meth
er he nor his mother have any money with
which to pay the alimony, and it remains
TO be seen who will give in first, whether
The court will be satisfied with his state
ment, or DAILY will find somewhere the ne
cessary funds with which to procure his
telease.