The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-10-25
SMITH IN CONTEMPT?
,,s nIFE CHARGES WILFUL DIS
OBEDIENCE OF COURT ORDERS.

leo FaIIigant Passed an Order
restraining Him From Entering
uis Wife's House or Interfering
,Vitb Her Custody of Their Chill
dreu-She Now Charges That In
st.od of ObeyinE This order, He
u.s deliberately Violated 1t on
vany Occasions nud IN May ways.
unused and VinacG Her in Pres
,,ce Of Her ChiIdren-Hearing Set
for saturday.
rule 10 show cause why he should not
attached for contempt was served yes
s,r7,v upon William P. Smith, defendant
4, suits for divorce and injunction that
had been fled by his wife, Mrs. saliie V.
smith in the Superior Court The rule to
.sov- cause is based upon the alleged dis
ohslfsnoe of the defendant TO the direct
,rlar of the court, prohibiting him from
interfering with or going near his wife, or
ssszfne to disturb her custody or control
of their minor children.
The application for a rule to show cause
,,b,, MIR smith should not be held in cou-
.sc,pt was filed in the Superior Court sew
oral DAYS ago and the order was granted.
A. is customary in these cases, the order
and application were withheld until copies
corId be served. This was done yester-
day afternoon.
The application shows that on Sept. q
Mrs smith fled a libel for total divorce
against her husband, alleging cruel treat
,nent as the ground of the action and re-
citing numerous instances where the cru
s,,ies were said 30 have been committed.
II shows further that on the same day the
raintfff filed a petition, verified by her
OATH for a restraining order and perma-
pent Injunction, prohibiting Mr.. Smith
from entering or coming near the house
owned by herself and occupied by herself
and children and from interfering with
her custody and control of the children,
until the further order of the court, or
until her rights in the controversy could
be fudicially determined. The petition also
asked for such other and further relief as
TO the court would appear just and proper
Judge Falligant granted the restraining
order asked for, in which Mr.. Smith was
probibted from interfering with his wife
or her custody of their children, four in
number. or from entering their house. He
was directed to show cause on Oct. Is why
this temporary restraining order should
not be made permanent. The application
for a rule to show cause why he should
not be attached for contempt charges that
instead Of complying with this order OF
the court, Mr.. Smith has wllfully, malic-
tfr.,.1 lrr a a.A1,. nod al
most from the hour of the very day 1t
was granted. 1t is said that he has been
around the house of the plaintiff on many
occasions, and on one occasion has come
inside the house and stayed there for a
considerable length of time. On aoother oc-
casiou he met two of the smaller children
al the school which they attend, and by
presents of money and other things en-
deavOred to induce them to leave their
mother and come with him. He asked
them also to deliver notes to others of the
children.
on another occasion he met the four
children at the Central depot, upon their
arrival in the city, and walked and talk
ed with them until they reached their
mothers home He sent word to the eld-
est daughter, Caro- Smith, to come to his
place of business and when she did so, he
abused and Vilifed the wife in the pres
ence of the daughter and in all possible
ways endeavored to prejudice her mind
against his wife.
The charge is made that all these acts
have been frequently repeated, with the
purpose and intention in the mind of
Smith to wean away the children from
their mother and 10 Undue them with pref
udice against her, TO the end that they
might leave her and come 10 live with
him. The defendant has haunted the Vi
entity of his wifes house and tried TO ex-
tort from her servants evidence that
might be used against her at the trial of
the case.
1t was ordered by the court, upon the
showing made that Mr. Smith show cause
next Saturday, why he should not be neld
in and attached for contempt, The hear
Ing is to be held in the Superior Court
room of the county.
With the application for a rule to show
cause, was filed a petition for temporary
aimony and attorneys fees, with the costs
OF the pending litigation between the par
ties The plaintiff shows that she and her
four minor children are now receiving
nothing from the defendant and asks that
he be required to contribute to their sup
port The hearing on this application is
also set for Saturday in the Superior
Court. Mr.. Shelby Myrick represents The
plaintiff
Ii viii be remembered that the defendant
In the present case and its series of satel-
htes was the defendant in one of the most
sensational murder cases that has ever
been tried in Chatham county. In 1885
smith Killed Frank RusCn, whom ne
charged with having attempted to alien
ale the affections of Mrs. Smith and to
Wtan ana lead her from the path of mar
Nal duty. The case was twice tried, the
nrst trial resulting in the disagreement OF
We jury On the second trial the jury
;eu that Smith had been justified, that
Nusuns actions had been such as to
warrant the defendant in taking his life
ana an acquittal followed. Each trial OF
the case consumed several days, the very
Nst legal talent of the county was ar
Idyed on one side or the other, and it has
passed into history with the criminal
Caus,s celebres of the Superior Court OF
OAatham county.
'"yS Travel Was Handled Promptly
EDITOR Morning News; The article in
yesterdays Morning News saying that
conductors were ratified by the crowds