The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-08-05
.REuNELLS
NOT TO Be
DIVORCED
Fresno Judge Denies the
WOman's Plea for
Freedom.
CERTAIN THAT THERE
WAS COLLISION.
%
The Court Declares That the
g.. Husband Conspired With
- His Wife.
-
90 CENSUREs BOTH IN RENDERING
%
80 HIS DECISION.
D. Con VlnCing Evidence That the
Ground for the Suit Was Sup
piled Deliberately.
The Court Declares That the
. Husband Conspired With
His Wife.
CENsURES BOTH IN RENDERING
- HIS DECISION.
Vlncing Evidence That the
Ground for the Suit Was Sup
piled Deliberately.

FRESNO, CAL, Aug. 1.-The applica-
lion of Amanda J. Fenneu for divorce
q from Gerald NJ. Fennell was denied to-
day by Judge W. NJ. ConIey of MADEIRA,
sitting Tor Judge Webb in Department .
ofthe Superior Court OF this county. The
Judge rendered q highly interesting opin-
}Qn with the decision, arriving at the con-
clusion that tbs parties had acted in
collision in the suit. 1t was for this rea-
o son that the court did not grant the de-
cree.
I'm my Judgment" said Judge Conley,
mo stronger case of COLLISION could pos
sibly be established on the evidence of
circumstances, and the application for
q. the decree must therefore be denied"
Thedecision was not a surprise, for it
.haG been the general expectation that
- Judge Conley would refuse TO separate the
remarkable couple. The case had the
plain aspect OF being coliusive, and con-
e sid -ring fhe actions of Fennell while in
:: Fresno at the time of the fling and the
!: trial OF the suit 1t was hardly thought that
such a seeming imposition upon a court
: OF justice would be permitted to end sue
cessfully.
Mrs. FenneIl filed her suit on July IA
ana on the 10Th it was heard before Judge
Conley.s The complaint alleged that the
plaintiff and defendant intermarried in
the city of New York on or about the I'd
day of November, 1896, and Mrs. Feunell
asked for decree dissolving the bonds of
matimOny on statutory grounds.
The Judge states plainly that the
ease with which A. Brown, the only
witness, described the visit of the
defendant and himself to a disor-
derry house in Los Angeles, his manner
and appearance while on the stand and
ais answers to all questions propounded
by court and counsel certainly implied
that the. part he was to play was well
understood between himself and the par
ties to this action.
The court says that it might be that the
proof in the case would be sufficiently
strong to establish the charge against the
defendant ana TO warrant the relief prayed
for, were it not for the fact that the testi-
mony Of Brown leads to a far more salts
factory conclusion, and that is that if Fen
nell were guilty it was upon an express
understanding between the parties to this
action, and that Fennell and Brown de-
hberaIeIy laid the necessary foundation
Tor an action for divorc'.
In conclusion the opinion says:
Every fact in this case indicates that
there is no objection on the part of the
defendant to granting Of decree OF
divorce His answer was filed immedi.
ately after the suit was brought and his
consent to an Immediate trial was OBJ
tanned. Not single question was asked
on cross-examination, and his counsel
made this statement:
- i don't think we want to introduce
any testimony. While we don't consent
to the divorce or anything of the kind,
but as the plaintiff insists on it so, we are
not going to introduce any testimony
However, we don't want aIimony or any
thing of the kind allowed. While We are
still willing to live with her, she is I'M
willing, and we will therefore not make
any further fight"
The court then expresses the opinion
. that no stronger case of collision could
be esta blished.
It is currently eported here that Mrs.
Fennell intended to marry Colonel Theo-
dore c. Marceau, the San Francisco pho
togra pher, who was once her husband. in
the event the separation from Fennell
was granted but Judge ConIey has cruelty
prevented such romantic marriage. 1t
IS not doubted that Mrs. Fennell had such
designs upon the colonel, but whether or
not he would be willing is not known.
Their relations are friendly" however,
and few weeks ago they were sojourning
e al the same hotel in Los Angeles.