The San Francisco call., 1898-04-19


 at San Rafael Juds. Angelloti denied Colonel Finigans motion to set date for the trial of the famous divorce case which was begun year and a half ago.
 Tt is a general rule, especially in courts of equity" is the argument of Mrs. Finigans counsel" that a party in contempt will not be heard to ask any favor of the court in the case in which the contempt occurs, nor be per mitted to take any affirmative step in the particular litigation, except only such as is necessary to his defense against the charge of contempt until he has purged himself of such charge"
 The hearing of the defendant" says Colonel Finigan's attorney, resulted in his discharge and of the order to show cause, which necessarily purged him of the contempt. Otherwise we should have the absurd position that the party had done nothing for which he could be punished, yet was still guilty of con- tempt"
 r. R. Lund appeared for the always in-contempt colonel and Attorney Crowley for Mrs. Finigan.
 ColCnel Finigan's enemies say that he is 70 years old. His friends admit that he is 60. And he looks about 55 His face is round and ruddy, his mustache is quite white, and his small light eyes look out amiably upon the world from underneath his bushy white eyebrows He sat in court to-day, really very we'll dressed pauper. In his button nf Il Rafael roses, which are already riot lng-in anticipation of the carnival over the very peaks of the houses and to the tODmOSt branches of the trees. His year and a half of litigation has been of some service to him, despite the claim of his friends that it has ruined his credit, for it has taught the colonel how to maintain his composure under trying circumstances.
 The plaintiff is unable to pay the costs of this action. She is unable to pay her counsel. If it were not for her relatives she would lack the neces- saries of life" declared Attorney Crow ley, in combating the motion to-day. She is unable to pay a five-cent piece toward this litigation, and this defend ant appears, surrounded by counsel, dressed in the height of fashion. with that audacity which has characterized his proceedings in this case, while calmly permitting his wife to depend on charity of relatives, and asks the court to set date for the trial-a trial which the plaintiff is positively unable to go on with for lack of funds it is the defendants duty to provide. It is the height of impudence."
 And the genial Hibernian, falsetto- voiced Colonel Finigan - pauper or quarter-millionaire, according to your bias in the matter-who had put on his gold-rimmed pince-nez, sat two feet away, apparently absorbed in a news paper, shifting his position occasion ally or twisting a silver pencil holder uneasily, but on the whole bearing the attack with equanimity.
 We do not press the case for to-day or tomorrow" argued Attorney Lund. We don't want to take snap judgment upon the plaintiff who is entitled to consideration. We would not ask that the trial be set for this month. If. in the meantime" he concluded gener- ously I've get our hands on any money, we'll help her"
 Strange to relate. the attorney for handsome Mrs. Finigan didn't appear to consider that this settled all the pe- cuniary difficulties of the case. When plaintiffs counsel pleaded poverty, de- fendants attorney vied with him in the pftiful presentation of poor Colonel Finigan's sad case. When Crowley talked about that property signed over by Colonel Finigan to his lawyers since the filing of the suit for divorce Lund said he might talk about $500 checks, but he wouldn't It was unnec- essary. But" he asked, when would plaintiff be in better position?"
 The answer to this, of course, is that plaintiff will be in a better financial position when defendants finances i'm prove. Defendants finances will i'm prove when this vexatious divorce suit is settled, which will be when plaintiffs financial position is bettered. This is the Finigan endless chain. There is no patent upon it. Any married couple, consisting of an old, wealthy, obstinate husband and young, fine-looking, re- sentful wife, unable to compromise their differences, may take advantage of the formula and get their domestic affairs quite as hopelessly tangled
 The last motion of Colonel Finigan presents another old phase of this pe- culiar case-the defendant pleading for and the plaintiff objecting to the trial of a divorce suit, which, though a year and half old, has never made it's ap- pearance in public, except in the shape of alimony and counsel fee fights. i'm prisonments for contempt of court and other light preliminary legal skir- mishes.
 It's an indication, plaintiffs attor- neys say, that Colonel Finigan is weary of the strained position his own ob- stinacy begets; that he has an invest ment for the funds so carefully hidden, and that he is anxious to see the end of the endless chain. It's simply, say defendants attorneys, for the purpose of showing that plaintiff has no case or she'd be eager to have it tried; though Colonel Finigan is getting to be an old man, and he is anxious to be able to work for some provision for his children.
 What the next move in this case will be nobody is willing to prophesy It may be a motion to dismiss the suit fire m the defendant. It may be a fur thor demand for money or Tor liberty fl om the plaintiff, should new or over looked evidence of Colonel Finigans hidden riches be brought to light.
 For that this self-confessed, repeat edly sworn pauper who lives at the Hotel Rafael. whose wine card runs up to ten or twelve dollars a day at times. who looks and who lives like one who loves the good things of this world. Is other than well provided with the rnu- nitions of legal war, counsel for the ,+f