Omaha daily bee., 1899-11-29
SHELTER.
Mrs. Allie KirIInnd's Attorney Makes
DRAMATIC Apnenl.

Dramatic Appeal.
Give this poor woman some relief in or
der that despondency may not drive her to
self-destruction; she has been downtrodden
all her life; her husband has abused her.
her children take advantage of her and her
neighbors frown upon her. If she goes out
of this court of equity in disappointment
there is no telling what the results may be.
Don't turn her out on the streets!'
This was in substance the dramatic ap
peal made by the attorney representing Mrs
Allie kirkland in her alimony suit before
Judge Fawcett yesterday This case.
which has been on trial two days, is an
echo of the decree of divorce which was
granted Mrs. Kirkland from Thomas Kirk
land last May. The defendant reoIened the
case with a prayer for supplemental decree,
alleging that mis- wife has not been taking
proper care of their four children and that
she is habtually drunk. Incidental to the
plea for custody of the children, Kirkland
wants the court to give him possession Of a
house, which by the terms of the divorce
decree is at present occupied by Mrs. Kirk
land
The divorced wife through her attorney
set forth vigorous opposition and the papers
filed on either side abounded in startling
charges.
kirkland is a confirmed drunkard Her at
torney admitted as much in his argument,
but declared that her unfortunate condition
was due to the fact that her husband had
made practice of forcing her to drink beer
until she had acquired an ungovernable
appetite for 1t. Then he went on to say that
since her divorce she had not had such free
access to liquor and that her condition has
materially improved AS to the custody
of the children the attorney did not plead for
the mother.
you are the arch parent of those children
and 1t Is within your Jurisdiction to take
them from both parents and place them in
proper keeping" said the attorney. The main
issue set forth by Mrs. Krkands counsel
was that she should not be turned out Of
the house she now occupies The attorney
went on to say that Mrs. Kirkland had fire.
quently talked to him of destruction.
"She believes that the world is down on
her and her condition of mind is most
distressing" said the attorney.
The opposing counsel argued that the chill
dren should be given into the custody OF the
father; that he had given to his divorced
wife $500 aimony and that he has in every
way complied with his agreement.
Kirklands lawyer drew a graphic picture
OF how his client had amassed small sum
OF money, starting in as a laborer twenty
years ago, and he didn't think it right to
enforce upon him too much of a sacrifice.
Judge Fawcett indicated, Notwithstanding
the sympathy he might have for the unfor-
tunate woman, he could not go beyond his
jurisdiction TO favor her.
At the close of the argument Judge Faw-
cett reviewed the evidence at great length
He said that the only issue before him was
the custody of the children. As to the plea
of the divorced wife for increased alimony
the court held that that could not be deter
mined unless proceedings were brought un-
der another section of the statutes. Touch
ing the possession OF the house now occupied
by Mrs Kirkland, the court held that it and