New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-22
ABANDONED WTFE'.S PETITION
HIrsRAND LEFT HER FOR WAITRESS.
SHE SAYS AND SHE is PENN1LEss.
HER SUIT AGAINST HIM. SHE ALLEGES HAS
REEN TOSSED FROM COURT TO COURT
REFERRED TO NEW JER-
sEY FOR REDRESS.

REFERRED TO NEWER
sEY FOR REDRESS
A remarkable affidavit was submitted TO the Su-
preme Court yesterday by Mrs. Kate Church rem
ner OF No 17s West Forty-ffth-st.. on the hearing
of an application made on her behalf by her at
torney. William II. Mundy TO open judgment ois-
missing her complaint account OF detauit IN an
action brought by her against her husband Ai'iu.
H. Fenner for an absolute divorce. on the grouho
OF his continued misconduct with a waitress nameo
Minnie Fleidner.
Fenner is a son OF Thomas Fenner' OF south Ut
ange one OF the Oldest members OF the Cotton Ex-
change A sister Of Mrs. Kate Church Fenner Is
married TO his brother. Thomas f. Fenner' MIS-
X c. Fenner has also begun suit against Nlnhie
Fledner. the correspondent In her divorce SUIT -S
Jane FIeidner, her mother; Thomas Fenner' her
husbands father. and Mrs Fannie F. Fenner his
mother. TO recover $4,000 damages for having
entered into a conspiracy 10 ALLEVIATE her husbands
affections from her. No answer 10 this action has
yet been served.
Mrs. Fenner's divorce suit was begun In lsSS' ana
default was entered against her on April a. 1873
She then began a similar action in New-Jersey. she
saws on the advice Of her counsel. as her husband
had gone TO live with his parents at South Orange
The New-Jersey suit is still pending. In her orig
inal complaint she alleged that she was married 10
the defendant in December, 1886, In BROOKLYN py
the Rev Mr.. Bridges About the year 1873 her nus
band became acquainted with waitress named
Minnie Fleidner who employed In Warren
st restaurant
In her affidavit Mrs Fenner says that her hus'
hand neglected her for this woman, whom he nursed
when she was sick and for whom he bought Il sooV
seaskln coat satin dress, diamonds ana furh-
ture He used also to take her out riding In car
riages escort her 10 theatres. balls receptions ex
curs,ons and suppers and not only gave her a
bicycle but also wanted 10 give her the plaintin
horse and phaeton. He once. Mrs. Fenner says
brought the waitress into her room, and tey there
protested their love for each other lie nhaHy
abandoned the plaintiff. An attempt was mace 10
effect reconciliation between her and her nus
band but was Intellectual. he persisted in carry
ing on his intimacy with the correspondent. Mrs
Fenner says she has since been tossed to ana iTo
anything to live on. once she says her husOe ~
conspired with others to shut her up IN IuhatliS
there e% until her relatives discovered her.
my heart breaks TO recite the story the plaintn
Court see and know some Of what l have suffered
and been compelled to endure at the hands OF an
concerned IN this most dastardly EFFORT 70 rum
my peace OF mind and once happy home; VII the
Court not help me to obtain some hTsbsbd 10 suG
port his ever strictly true ana faithful WlIe ~
FOR his conduct so unnatural and so inhuman /
would not complain But, as expect 10 ienHcr r az
declare that | have never given my husband the
slightest reason excuse for his unnatural treat
Fenner' through his counsel, submitted an afti-
davu Yesterday in which he said that his wife
suffers from hysteria, and he always treated her
with gentleness and consideration sympathlizing
with her on account OF her affection. and ola an
in his power 10 tend and care for her He denies
most OF her allegations with regard to MISS Fleld;;
ner Mrs. Fenner asked for almony ana cOu IIn
Zee. but Fenner says that he Is out OF employment
and has no money ,-,--
I'm which he says Mrs Fenner has taken no steps
10 bring the New-Jersey action TO trial aI'hough
10 be no good reason" he adds. why the plaintiff
"a nnot obtain all the relief she desires In the pend
ing action in New-Jersev. and she should be re
mitted 10 that forum. While II is true That only
a dennitve Judgment Of another State is an actual
bar TO an action for the same cause In this state,
vet the pendency OF action In foreign state Is
an important circumstance 10 be considered MO
ton denied without costs"