Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-21
Judge Clancy's Homily on
Right of Support.
IN THE VR0oMAN CASE
Defendant Questioned As to His Ability
to Pay Alimony-Must Pay
Attorney.

II IlOClOl lIldOc NY MdTy VTOOIIldH 10
compel her husband, George Vrooman, a
teamster, to pay her mpney on which to
live while her suit for divorce is pending
and the side order directed to the de-
PENDANT to appear. in. court M show
cause why he should not be ordered to
comply with her wishes had an airing in
Judge Clancy's court today. The motion
on the order to show cause was opposed
by the defendants attorneys, Wines &
Wines, on the basis that the suit had
been prematurely commenced for no
other reason than that Of getting from
the defendant enough money to tide the
plaintiff over a rough spot in her exist
ence. In presenting the case to the
court Messrs. Wine said it could be
shown that she had imposed upon the
cour by premature action. Counsel for
the plaintiff had sale that she might have
other grounds. and II such was the case
1t was her duty to present them.
In passing upon the matter the Judge
took the view that it was the duty Of the
husband to support the wife.
When the marriage contract is en-
tered into,' said he, lit is the duty of the
husband to support and protect the wife,
n 1t is my opinion that he is bound to
support her, ever If a ear has not
elapsed since the alleged desertion, pro-
vided he has the money with which to
do 1t. There is one class of persons that
do not believe in divorce at all. In the
state of South Carolina there has never
been any divorce laws, except once, and
then when they got rid of Moses they re-
pealed the law. 1 think the plaintiff in
this case is entitled to support"
20 long as the our takes this view of
1t, / would like to go deeper into the mat
ter and show the capacity of the defend
AMI and nIlintiff in fhfc no G n fn =, ~ 4 n io
themselves. If she is required to come
into court we will show that she is earn
ing almost as much money as the defend
ant said Mr.. Wines.
I think the affidavit presented by her
is sufficient" said the judge. She says
IN IT she is SICK and sore and I guess she
is sorry
In compliance with the judges decision
Mr.. Vrooman was required to submit to
an examination touching upon his ability
to pay the alimony, counsel fees and
court costs. He said that he and his wife
had separated by mutual consent on the
18th of July 1893. At that time he had $4O(
worth OF property and he had given it all
to herr keeping nothing for himself. He
even had a little money n the bank and
drew that n gave it to her. Afterwards
she had borrowed money and charged il
TO him and he had paid it and secured
credit at the Hennessy store on his name,
S"e "a nepe podTdeTS Tor tnlrty-SeVen
days, collected some Of the money from
them in advance and moved out. He said
ne had once understood she was sick and
destitute at Sheridan, but had investigat-
ed the matter and found she was doina
Wen In the dressmaking business. AS tc
ms own financial condition he had not a
ooiiar and was in debt. His wife, he
said, was 80 years old and had three child.
rem by a former husband. He thonph,
the ages of the children were 9. Is and Il
year respectively.
What did you % asked the iudpe
turning his eyes upon MI. Vrooman. .She
t IS only y ~ years old and children SO old as
THE eldest child is either IL or 16 vear s
old,. answered the witness.
what are the grounds of this senara.
Ilon!. asked the judge turning over the
leaves of the state statutes.
Inefe are no grounds responded M,
Wines. 4ueu MI
"Wilful desertion and neglect, MT :,
MI, morrow. attorney for the plaintiff.
You say you gave her everything thor.
was In the house?" asked the court.
Yes, SIR"
wen, she having been married befor.
maybe she had those things herself"
II gave her 500 three or four davsh o
lore we were married and she boueh1
some of the household goods. Then sh,
bought more and l had Mr.. Morrow. m,
employer, stand good for them"
What you gave. her will do for ali
mony,' said the Judge. but her attor
ney must be paid. If she want a di
vorce you~will have to pay for it, and
think $50 would be about right. Pa,
about $40 now and the balance later"
II can't pay a cent now" said Mr.
Vrooman. FssWs
Hold on. now responded the Judge
IF a bird can sing and won't sing wei
make him sing. Til make it this way
You pay $l5 by May l, and the balance i,
instruments. taking care to have it al
paid before the suit is tried"
MISS M'ANDREWS LEADS.