The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-11-20
WOULD RECONCILE THE COUPLE
CIRCUIT JUDGE HUMPHREYS
MAKES APPEAL TO CHRIS
TAN PERSONS.
Notable Divorce Suit on Trial Sat
urday Developed q Variety
Of Situations DR.. Day
Testifes.

the circait court and Is As yet only be-
gun. Even the proceedings Of this one
day were Of very dramatic nature.
containing situations that were both sur
pris.1s and Of unusual importance in a
legal way.
Aftsr argument covering wide range
the amended answer 81 Or Miner WIS
pronounced by Judge Humphreys as being
IL stricken from the files and expunged
from the records. and he said that GER
tain allegations yerged upon the point
Of contempt II was victory in the
preliminary skirmish for the plaintiff.
The Judge tried 20 prevail upon the
husband and wife TO accele to a recon
citation and appealed 20 the Christians
Of the community to give aid TO this
effort.
The trial began with a motion Of Hatch
< S.Iimaa Tor the plaintiff thar the
amended and supplementary answer ii
Ur. Miner be stricken from the files upon
the ground that il contained matter in
competent, irrelevant and immaterial :;
that the matter contained therein was Of
n scaudalous nature and contrary to pre-
cedeut in this court.
L. y. Silliman took up the amended
aud supplementary answer section by
SECTION. reading them 10 the court. He
argued against each one in turn. the
burden Of his argument being in general
way that they were incompetent and I'M
material and tending TO be argumentI-
tive lie held that the charge of IN
chastity was Of the nature Of an asser-
ton. pure and simple
when Mr.. Silliman reached the section
alleging that Mrs. Miner is lazy and
sloyeuly. fred with indignation. he de-
clared that. supposing every word was
true. il would not Justify a man in
striking his wife, blackeninc her eyes
or knocking her down. II was dis
graceful. pernicious and scandalous al
legation and no man containing grain
of chiyalry would ever give it utter
auce
When AT the close of the reading an
allegation was read of the woman hav-
ing been immoral previous 70 the mar
riacr the attorney reached the climax
Of his arrangement. He analysed the
paragraph and made il TO appear that
pr Miner charges his wife with having
been an immoral woman when he mar
ried her. bur there is not a SYLLABLE to
show that the doctor did not know il if
such We're the fact when the marriage
took place in 1856.
This allegation went on to say that
some years ago Mrs. Miner had written
letter 10 her husband admitting she
had not been pure and NOW only Gladys
kept her straight" The attorney said
tina, all OF these charges We're loose and
no relief is sought. merely that the H.
voice libel be dismissed.
Cecil Brown delivered an argument
on behalf of the defendant. He took the
Ia be shown in order TO prove TO the full
satisfaction Of the court that the plaintiff
Is not a proper woman to have the care
aud custody Of the child
Mr.. Brown took up the paragraph re-
latiue 10 the hatred of Mrs Miner for
Honolulu people. Mr.. Silliman had
characterized that rs intended to preju-
dice the people against her.
What is the purpose Of that allega-
tion:" asked the court.
ii is circumstance to show that the
defendant has been subject TO continu-
Gus provocation. II alone might he suf-
hcient 10 arouse some men TO commit
an assault" Mr.. Brown went on so
say that Dr. Miner had screened his wife
from publicity and had done all in his
power to preserve their beautiful home
on Beretania street 10 a life of sunshine
and flowers. Her actions had burdened
the doctors heart and he had tried TO
conciliate her 20 the last. As a final |
resort AT the last moment he fled his /
answer and then he did not want 10 do /
il. Mrs. Miner had told him to do his |
worst. that she would not accept his sup.
port and that she would yentilate their |
differences in court.
j. \. Magcon Of Magoon ( ThomJ- |
son also for the defense. spoke for near
~ an hour. urging the retention of the
answer. His talk was NOT finished when
the noon hour arrived and the court
hSckoned him TO 80 on. lie took the
ground partially covered by the other
speakers and gave Characteristic answers
10 Mr. Snliman's presentation OF the
matter AT issue.
In the afternoon at 80 court con-
vened in special session. Mr.. Thompson
made his argument. which consisted in
the main OF the citation Of authorities.
F. NJ Hatch made the closing address
distinctly charging that the purpose Of
the answer WAS 10 prejudice the mind Of
the court. and urged that the answer
amounted to contempt
Judge Humphreys said. in the course
Of his ruling
Il am satisfied thar the answer con-
sains matter thar is scandalous and i'm |
pertinent. and | viii not permit il to re-
main in the files. Portions of il border
upon contempt"
The section alleging thar she was an |
immoral person previous 10 the marriage |
aud thar only GLADYS had kept her |
left the court IN doubt as TO the |
nature of the immortality. IL might he |
theft. IL might be impurity. The bare as
sertion was contradiction in itself. for
IL admitted that she was straight
The court offered to lend helping |
hand m br;n~ a,...u, a ~..-,,...;ls.,s,.. "a