The herald., 1897-08-24
One Of McCullagh's Heirs
Wants a Divorce
| BACHECHO HEl
THREE CHINAMEN ORDERED TO
BE DEPoRTEr
A Minors Marriage-A Brutal Hus-
bands Advice-Assessment on
Bank Stock

The nearing OF the dppucdtlOH VI
Charles H. Young for decree divorcing
him from Lulu Young began before
Judge Van Dyke yesterday in depart
ment four. The case upon its face is
quite simple, but there are facts that
may transform the case into one having
rather sensational features.
Young has been compositor by trade,
but is a victim of tuberculosis, and at
the present time is so feeble that he re-
quired attention while upon the witness
stand yesterday. A friend stood by and
famed him and glass of iced water
stood handy from which the witness
slipped at intervals.
The plaintiffs complaint charged de-
sertion on the part of the wife, while the
latter came back with cross-complaint
in which she charged her husband with
desertion, failure to provide and intem-
perance.
The plaintiff is one of the heirs under
the will of Joe" >McCullagh of the St.
Louis Globe-Democrat fame, and, if he
lives to see it, will receive about $780, 900.
This in itself injected an element of in
terest into the case before any testimony
had been taken at all. The law firm of
Marble & Phibbs represented the plain
tiff, while General Pierce and Will D.
Gould represented the defendant.
Before the case was opened General
Pierce attempted to do little reforma-
tory work, as self-constituted guardian
of the public morals by asking that the
case be heard behind closed doodr. Judge
Van Dyke stated that the courts of JUS
tice are open to the public, with a few
exceptional cases specified by the law,
and it did not appear that the case at
bar fell within the exceptional class.
General Pierce gave it as his opinion,
however. that the story of marital infe
licity and domestic discord ought not to
be spread before the public; that they
were essentially private and the publ
cation of such detail had bad effect.
Judge Van Dyke said that facts such
as these became known, and he did not
think the newspapers desired to set forth
before the public injurious matter, rath-
er the reverse. He could not order closed
doors unless application should be made
later in the event of scandalous devel-
opments taking place.
ALL this eagerness to have all testi-
mony in the case heard behind closed
doors seemed rather odd in a case of
simple desertion, and was calculated to
arouse the suspicious that, in vulgar
parlance, niger lay hidden in a wood
pile somewhere. During the hearing of
the case it did seem as If some of the
witnesses were metaphorically skating
upon very thin ice, and an endeavor was
shown by counsel to keep the examina-
tion within the severely technical lin
its permitted by law. But occasionally
awitness would so frame an answer as to
indicate that something might be said
that counsel on neither side cared to
have said. The plaintiffs case was
opened yesterday and if the skeleton
walks at all it will probably be during
the hearing Of the defendants cross
complaint
The plaintiff was the first witness put
forward and he testified to having mar
ried in 1876 andthat Lulu Maize Young.
14-year-old girl, is the only living fruit
of the union. He stated that on May 3.
1894, his wife left her home, and although
she called at the house she never re-
sumed marital relations. Her mother.
Mrs. Sweet, and his daughter Lulu con-
his wife had been living in Los Angeles
and other cities, but beyond that didn't
know what she had been doing. Friends
OF his had asked her repeatedly to return
home, but she had refused.
On cross-examination witness said he
had suffered from tuberculosis for seven
years, and in the last three years had
been able to work at his trade for about
nineteen months. He denied that his
wife had had to leave home to earn her
living as dressmaker, or that he was
ever abusive to her. Young conceded
that he had been drunk about the time
his wife left him, but was certainly not
habitually so.
did she not leave you on account OF
the disease from which you suffered %
asked counsel
The court advised witness he need not
answer that question, that she had nc
right to leave for any such reason. at
would be hard matter" said Judge
Van Dyke, 'if wife might leave hel
husband when he got sick'
Counsel for the defense tried to show
that Mrs. Young owned the home, ant
that when she left to earn her living be.
cause she had to her mother remained OF
at her request, and she provided for tht
household.
Didn't your daughter enjoy the tabl,
provided by her mother?'' inquired Mr.
Gould.
Yes" obviously answered witness
"but there was nothing on the table"
On redirect examination Mr. Younr
gave the cause of his getting drunk
and his counsel, Mr.. Marble, led hin
over dangerous ground.
1T came about" said witness, "or
account of what I had heard. Peopl,
who knew me well told me of havins
seen her with men. / went and asked
her If these things were true She hat
been away all Of that day at San Pedro
and l upbraided her for her conduct
From that time on, for about three
weeks, didn't receive the treatment o.
, q human being. That was the cause O.
my drinking at that time. I never los
days work through intoxication. Th.
very day my wife went to San Pedro hel
mother remarked to me: If you would
have less to do with her she'd thinl
more of you: If she's going to the devi
she'll go anyway"
Witness concluded his testimony b,
saying his money. $225, paid for the lot
and the furniture had also been pur.
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