The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-03-09
Hearing On Petition For Writ of
Prohibition.
GRIFFIN AND BERKMAN
CELEBRATED SMITH-AMY FS-
TATE IN COURT AGAIN.
President Joseph F. Smith Claims to
Be An Heir as the Husband of
the Deceased-Peter Rasmussen,
jr., Sues For Divorce Supreme
Court Opinion.

VI pIOulpltloH u prevent ner former
husband, Jacob H. Griffin, from remov-
ing his property from this state, and for
Griffin to show cause why he should not
! be punished for contempt of court for
having failed to pay Mrs Griffin $500
alimony, according to the terms of the
decree of divorce, as modified by the
supreme court, came UP before Judge
Norrell yesterday for argument. Messrs
John NJ Zane and o. w. Moyle APP
peared for Mrs. Griffin, and Messrs. F.
S. Richards and Loofbourow e Loot
borrow for the defendant. Mr.. and
Mrs Griffin were both in court
A GOOD DEAL OF PROPERTY.
Mr.. Zane said Griffin, in his answer
% his wifes oss-complaint, and at the
trial, admitted that he was possessed OF
property in this city, Omaha, Great
Fails and elsewhere. The decree of
Judge HileS provided that Griffin
+, should give his wife the homestead on
Eleventh East, without any provision
When he should turn it over to her. An
appeal was taken and the supreme
court held that Griffin had been guilty
of misconduct with the correspondent,
Miss Cora E. Berkman; awarding Mrs.
Griffin the custody of the boy, Harvey,
$4,000 alimony and 81 400 towards the
maintenance of the child. Mrs. Griffin
mad not received any money and the
defendant was about to move into Ne
vada, hence the proceedings.
Mr.. Richards said Griffin had made
every effort to pay Mrs. Griffin the
money. He found he had to do some
thing. Fifty horses We're on his hands
eating their heads off" The court
could not make the defendant do an
impossibility. To keep Griffin here.
when he had work in Nevada, meant
the sacrifice of everything he had. He
thought his client was entitled to a
dismissal upon the answer
Griffin took the stand in his own de-
fense and said that he had earned no
money from any source since his
sprinkling contract with the city came
to an end on Dec. 81, 1893, and had been
obliged to borrow from his friends to
get along. He could not get work for
his teams in Utah, but had succeeded
in doing so at Humboldt. New. hence
his desire to remove them to that place
Had offered to sell his sprinkling carts
to the city, but didn't yet know
whether or not his offer would be ac-
cepted. His overdraft from Mccormick
& Co. at the present time was S2,500
He was Wiling to pay the alimony just
as quickly as he could.
RELATIONS WITH MISS BERKMAN
Cross examined by Mr. Zane, the wit
ne.o gave details of his account with
the city. He had decided to John
Stahl's wife his Omaha property to
cover Indebtedness to Stahl, witness
foreman. Stahl was the man whom
witness had accused Mrs Griffin of hay
ing improper relations with. Stahl was
at present working for witness in Ne
Vada.
Witness further stated that he sold
the other piece of Omaha property to
Miss Berkman for $1,000, and had given
her deed to the same. Did not know
where Miss Berkman had received the
1000 He did not give it to her. 1t
was a vacant lot he sold to Miss Berk-
man. His indebtedness to Stahl was on
note four CIR five years old. The note
OF d. 7. Mounts for S1,500 he had
transferred to an Omaha attorney
named Pritchard. He had understood
it was not ccllectable. His property in
Great Falls he had sold to j. s. Frank
en- for $1,000. His ranch property he
mortgaged to Judge LoofbouroW.
Couldn't remember the date when the
mortgage transfers and sales occurred. |
It was since the divorce action COM
menceil, but before the decision of the
supreme court. Witness further ad-
mitted mortgaging some cattle on his
farm for 5000 to Mr.. Lee, a blacksmith
on State street. The cattle belonged to
him and was not the property of his !
boy, Harvey. He was owing Lee for |
work performed. The mortgage to |
Mccormick did not include his riding |
horse. That animal he sold recently |
to the Salt Lake Saddlery company for |
about $780, Since the trial of his divorce |
suit he had not given money to Miss
Berkman. He had probably loaned her
a little. What if he had? Possibly he
paid a few of her bills at different |
time; If he had she always paid him |
back. Never paid her room rent. De- |
MED having bought Miss Berkman |
snake dancing outfit. Mr.. Zane prA
duced photogra phs of Miss Berkman |
in scanty attire and asked him if he !
recognized her. Witness said he did |
but denied that he had bought her any
costumes. His teams had started for
Nevada before the temporary injunc-
ton was issued. They were driven all |
the way, and witness could not locate |
them to stop them.
MRS. GRIFFIN EXAMINED.
Mrs. Griffin was then called and tes-
titled that all the money she had re-
ceived from Griffin since the divorce
was granted was $40 month for the
support of their boy, Harvey P. She
had to depend on her parents for sup
port. She further said that her former
property was worth much
more than he had represented it to be-
Somewhat lengthy arguments were
made by counsel after which his honor
look it under advisement.
PRESIDENT SMITH TESTIFIES.