The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-09-15
TESTIMONY CLOSET
closed the testimony.


maintained the relations alleged.
TESTIMONY CLOSED.
This closed the testimony.
In the matter of the dispositions of
Mrs. Erickson to the effect that no
improprieties had occurred between
Griffin and Cora Berkman, and which
the defendants counsel moved to strike
out because under cross examination
! the witness had refused to answer sew
eral questions, his honor oyerruled the
motion to strike out and let the deposi-
tons go in.
Mr.. Zane for Mrs Griffin. offered to
submit the case without arguments,
| and Judge Loofbourow Of counsel for
| Griffin suggested that brief arguments
be made. and that each side be limited
| to two hours and his honor SO ordered.
ARGUMENTS OPEN.
Judge Loofhourow opened the argu-
merits for the plaintiff at 2 o'clock in
the afternoon and at the outset direct
ed his remarks to show that habltual
drunkenness was a ground for divorce
and that drunkenness and the use OF
| opiates. such as morphine. generally
! accompanied the excessive use of in
soXicants, that the two habits were
| concomitant and that the testimony in
troduced to show that Mrs. Griffin used
opiaies should be considered in con-
junction with the testimony regarding
the allegation of drunkenness.
! The charge Of. excessive drunkenness
| counsel considered had been proved.
! Mrs. Griffin had lived a double life, she
was q. player, an actress, could bring "A
a fainting fit or an attack of hySterda
at Will. Could laugh one moment and
cry the other. She got drunk at home
but not in society and the people she
met in society knew nothing Of her
home life. Counsel then reviewed the
testimony of the various witnesses in
regard TO the allegation of drunken
ness, conteDding that those put on the
stand for the plaintiff had better op-
portunities of observance. and were
more worthy of reliance than those who
testified for Mrs. Griffin.
Coming to the charge of adultery
made against Mrs. Griffin, counsel re
ferred to the testimony tending TO show
that the act had been committed with
the man, Wore, an Pasadena, and with
John Sta,hl in Salt Lake. Not much
weight was to be attached to the de-
NAL Of Wore as it was to be expected
that he would come up and perlure
himself like a gentleman" in a case
of the kind. The denials of the prin-
cipals in the adultery charge against
Griffin. counsel admitted. were also TO
be taken with due consideration. The
with Stahl, counsel considered, was
firmly established, more SO than in the
case of Wore. The cruelty charge
against Mrs Griffin consisted more i'm
causing mental distress than in ply
steal violence
The allegation of cruelty against
Griffin in his wife's cross complaint,
counsel thought, had fallen to the
ground and he asserted that all the Ills
that came to the household WaS owing
to the misconduct of the wife The
accusation of adultery by Griffin with
Miss Berkman had not been established
by any direct or satisfactory evidence.
The only evidence against Griffin on
this point was the dispositions of Mrs.
Thurston and Mrs. Klummp and coun-
sci argued that their stories were very
improbabl
Mrs Sawyer's testimony counsel
could not conceive of being true, in the
light Of Miss Berlanan's testimony, her
general appearance and her department
on the witness stand
JUDGE LIE GRAND YOUNG.
Judge LIE Grand Young for Mrs.
Griffin followed Judge Loofbourow and
argued that the use of oDiateS under
the statutes of this state did not con-
stitute drunkenness. neither could it be
considered as an element Of cruelty in
any state.
OPIUM TESTIMONY STRICKEN
OUT.
AS counsel went on to argue the two
propositions laid down his honor, in
terrupting, stated that he did not wish
to hear any further arguments ON the
opium part of the testimony. He was
satisfied that the use of opium, under
our statutes, was not a ground fol
divorce, neither did it go to establish
the charge of habitual drunkenness and
it could not be considered as cruelty.
His honor therefore ordered that al
the testimony relating to Mrs. Griffin
taking opium be stricken from the
record Mr. Young then went on tC
. discuss what constituted habitua
drunkenness and reviewed the testimony
OF the witnesses on that point drawing
the conclusion that the charges had ut
terly fallen TO the ground. Taking II
against Mrs. Griffin in regard to the
drunkenness allegation was all true, en-.
| tirely true. it only proved that she was
drunk nine times in eight years NJ
court in ChriStendonn, observed counsel
would grant a divorce on the ground OF
habitual drunkenness on that showing
If there had been only the charge Of
drunkenness in the complaint, when the
, plaintiff rested the defense would have
moved for a non-suit without putting
, in any testimony because, said counsel
, the plaintiff made no case. Admitting
all they have attempted TO prove il
that regard they could not obtain &
divorce on il.
Counsel then took I'D the TESTIMONY
of the many very respectable witnesse:
|, who testified that Mrs. Griffin did no
: drink to excess, next door aeigihbor:
and people who saw her two or thret
times a day for years and others Wh(
saw her less frequently and putting
these against those who testified fol
Griffin, many OF them without much
character, counsel held that the charge
of drunkenness was completely dis
: proved
Griffin himself who was with hel
: practically all the time. day and night
could not and did not testify that h.
once saw her drunk. Shame on such {
case exclaimed counsel, ''it is no
worth the heartrendings Of any decen
man. Such trumped IN testimony
there could be no better ground TO
divorce. than the cruelty. the inhunaI
cruelty of a husband who would b,
guilty of such conduct. II only needs
to be mentioned to be des9ised.
l Counsel referred to the testimony o
Harren in regard to Mrs. Griffin beins
drunk on the car coming from the lax
: and pointed out that it had been proved
that Mrs. Griffin on that day when sh'
was at the lake came from the de->o
in carriage and not on the car.
JOHN NJ ZANE.
! Mr. John NJ. Zane followed on behal
of Mrs. Griffin. Counsel took up tn.
testimony Of Wardrop the only witnes
called to establish the charge OF adul
; terry with Wore. Wardrop ne charac
( terized as a youth on the highway t