The San Francisco call., 1897-11-05
FINIGAn MAY
Go BACK AGAIN
Marin Jail Doors YaWn
Once More for the
Colonel.
Given Until Thursday Next to
Pay Alimony Awarded
His Wife.
Should Present Legal Proceedings
FALL Criminal Courts VIII Be
ReSorted To.
Special Dispatch to THE CALL

SAN RAFAEL, Nov. 4-Thsre are fiat
tering prospects for Colonel Peter a. Fin
igan, the reputed million aire, spending
another term in the Marin County Jail for
contempt of court. Once before, for the
space of six weeks and one day. Colonel
Finigan occupied cell in the basement
of Marin County's Courthouse, and the
recollection OF it is O. nightmare to the
horseman; yet the chances of his going
back to Jail are larger than the odds that
once were placed upon his horses when
they were kings of the turf.
The Finigan divorce case has claim ed
the attention of the public for some
months. Hardly would the case become
out of mind when suddenly either the
colonel or his wife would spring a sersa-
ton and interest would be revived. Not
only because of the prominence of Colonel
Finigan-who was said to be worth mil
lions, besides having string of thorough
breds and large interests in mines and
real estate-but because his wife, who in
stituted the proceedings for divorce, was
considered one OF the most beautiful
women in the State of California, did the
troubles of the couple excite the mind OF
the pu blic, and every bit of news and gos-
sip that appeared or was whispered about
was read or listened to with rapt atten-
ton.
In the Superior Court to-day, before
judge A3gelloti, one of Mrs. Finigan's s
attorneys, r. r. Bigelow, ex-Supreme
Justice of Nevada, and who has only re-
Gently been Connected with the case,
made the first move toward placing the
reputed millionaire defendant behind the
bars of the jail that once before he be-
came familiar with.
The Finigan case was the only one on
the calendar. and neither the defendant
nor the beautiful plaintiff were present
Finigan was represented by James P
Sweeney, his attorney, who has had
charge OF the case since the Iirst The
matter before Judge Angellotti was q cor
sideration that the court order Colonel
Finigan to pay his wife alimony pending
the suit for divorce. Mrs. Finigan had
previously filed an affidavit setting forth
that Finigan was wealthy, but had got
away with his money and property go as
to defraud her and defeat the courts or.
der allowing her alimony. Then she re-
cited how he was ordered to pay costs,
alimony and counsel fees, and how he
had refused to do SO, went to Jail and
only got out by pleading that he was
pauper and consequently unable TO paw
Judge Angellotti had heard the story
time and time again, but once more to-
day he listened 10 it, and then Colonel
Finigan put in an affidavit of his own.
in which he denied everything that his
wife had alleged.
So to-day, in the absence of husband
and wife, Judge Bigelow asked that the
court M axe an order allowing the lady ali.
mony, and Sweeney OPT osed it strenuously,
but without avail. He said he was sure
the colonel had no monev and "a for his
services he was receiving the same as
was Mrs. Finigan, and that was nothing.
Sweeney's argument avdiled little, for
Judge Angellotti made an order that
Colonel Finigan pay to Mrs. FInigan on
or before November II, 1897, the sum OF
$450-S35O for counsel fees and $l00 for
costs-whtle that portion Of the order
made February 25, 1897, providing for
counsel fees and costs. be rescinded; the
remainder OF the order providing for ali
mony to stand. In that order the Iady
was to receive $500 month, but she never
did.
Now, if Colonel Finigan does not have
$3.50 on the 11th OF this month he will 90
TO Jail for contempt of court, ana there is
no question but what Judge Angellotti
will send him there. for he has done it be-
fore. Colonel Finigan himself SAYS that
he is without the means of raising that
money, and not having it he can only
wait and see what JudgeAngelIotti in tends
TO do in the case.
In his affidavit filed to-day Finigan al
leges his inability to pay $500 a month
and denies that he is astem pting to de-
fraud his wife, or, as he puts it. ''denies
that he has contem ptuously and contu-
maciously, or contumaciously or con-
temptuously refused TO pay alimony,
costs, coun lei fees, etc"