The herald., 1898-11-20
MARION DIVORCE CASE
Decree Granted and Boy Awarded to
the Mother

In Judge shaw's department OF the SUI
perior court yesterday the Marion divorce
suit held the boards. Margaret is suing
Frank H., and since the filing of her com
plant, last September, much has been
heard regarding the case on account of the
efforts of both parties to secure the custody
of their minor child.
In her complaint Mrs. Marion alleged
cruelty and failure to provide, and Marion
in his answer charged his wife with adultery,
naming John Van Naisdale as correspondent.
At the trial yesterday evidence in support
OF the allegations made by both plaintiff and
defendant was elected, but the ofienses OF
the husband appeared to have ben commit
ted under great provocation. He admitted
that he had slapped his wife's face on vari
Gus occasions, but always when impelled to it
by her own conduct.
A letter to the correspondent first in
formed the husband of the faithessness of
his wife. He had charged her with intidelity
and she had gone to the priest to obtain at
the confessional advice as to whether she
should confess her weakness to him or not
She had told him subsequently that the
priest had advised her not to confess, but she
had finally done so, making clean breast
of the matter. BY her evident contrition the
husband had been impressed, and at her
request he had burned the discriminating
letter.
Testimony showed, however, that the es-
arrangement due to the relations sustained
by Mrs. Marion with Van Naisdale had
brought about frequent disagreements, in
which the wife had scratched the husbands S
face, thrown broiled steak at his head with
the griddie on which it was broied and torn
his shirt into ribbons. On his part he had
called her by names not pleasant to lady
and on five occasions had slapped her face.
There seems to be no probability of future
agreement on the part of the couple, so
Judge Shaw ordered decree with SIS a
month alimony to the wife. Mrs. Marion
was also awarded the custody of the child,
Harold, but with dn intimation from the
court that this order would be reversed in
favor of the father if she did not conduct her
self with propriety.
When it became known how the affair was
to be adjusted, the boy made scene in court,
crying to go with his father, and the father
was thoroughly unnamed The mother,
though closely veiled, appeared to feel some
what the pain of the father and child, but
! nevertheless to exult in her victory in Sc
SuiihS IhC SiiiiuI uoWcNcE uuWuIuB he
might be to go with her.
The family has moved in good society, and
therefore the. cause has. attracted special at
tention, though the action of Mrs. Marion in
taking the child forcibly from the Home of
the Guardian Angel on South Main street
was in itself sensational enough to awaken
curiosity as to the quarrel in the family.
On that occasion, it will be remembered, she
made an assault upon Sister Mary Clare,
the child's attendant, bearing the child away
in triumph from the place. For that Of
fense Judge Shaw issued an order for her
arrest, and when the child was brought
again before the cou<( he was recommitted
to the custody of the father. Were it not
for the fact that the child is of such tender
age as to need the care of mother, there is
little doubt but that he would bd left per-
manently in the fathers charge.