The San Francisco call., 1901-11-23
BERNARD CLAIMS
HE IS PENN|LESS
Too Poor to Pay Ali
mony for Support Of
His Minor Child.
Club Dues and Clothes Are
All Furnished by His
Second Wife.
Oakland ONCE San Francisco Can,

1llS Broadway, Nov. p.
Upon the plea that he is absolutely PEN
niless, o. A. Bernard, a San Francisco
clUbman and society devotee, was purged
to-day OF contempt for falling to pay $25
quarterly to Lily NJ. Bernard, his former
w1fe, for the support of their minor child.
Judge Ellsworth, before whom the matter
was heard, was forced to issue an order
Vacating the citation after listening to the
defendants story of impecuniosity though
expressing his regret that circumstances
Willed not otherwise.
1t is fourteen years since the Bernards
were divorced by the Alameda County
courts Mrs. Bernard secured a decree on
her showing OF desertion by the defend
ant Two months after the divorce was
granted the child, who is the fnstigation
t ene present controversy, was born:
Later the mother secured an order OF
the court directing that Bernard be COM
PEELED to pay her S25 every three months
1or the support OF the child.
Bernard paid the inStallmentS Of ali
mony regularly for twelve years, until
April, 1899, when he suddenly refused to
remit any more money and has since
court. Mrs. Bernard sued for a citation
in May last, when the payments had
lapsed so that the total amount owing
was $3.50, asking that Bernard be COM
sons for his delinquencies, the document
having been made returnable to-day.
Bernard Files Affidavit.
In answer to the citation Bernard filed
an affidavit previous to the taking of testi-
mony to-day, in which he says that he had
paid the alimony stipend for twelve years
out of his separate property up to June,
1887, since which time the property has
become exhausted and he is rendered un-
able to comply with the order of the
court. In a previous affidavit Bernard
said that his child, having attained the
age of IA years and is hence able to earn
a living ha a a n
earnings, but that he expressly valves
them in favor of his former wife.
When the case was called this morning
Bernard was not in the courtroom. Judge
Ellsworth inquired for him, and Attorney
McPike informed the court that 1T was
unnecessary for MIN to appear. Attorney
from Attorney McPike'S contentious, and
after a little skirmishing Bernard was
ushered into the courtroom from the IL
brary, where he had been in waiting.
Replying to questions from Attorney
McPike. Bernard said that he was absO-
lutely pennileSs-that the only collateral
he had in the world was the ferry ticket
cisco, furnished by his second wife.
Where did you get the money to buy
the ferry ticket with asked Attorney
Ames for Mrs Bernard.
MY wife gave me the money"
Does your wife give YOU money 10 buy
things with2''
YES; all get I receive from her.
Have you any occupations"
Manages Wife's Affairs.
at manage my wifs's affairs and she
pays all my expenses.
''Pays your dues in the Bohemian
CIub?''
Yes"
Haven't you a watch?'
mo, 1 haven't any watch or jewelry
of any kind"
'"Who pays for your meals and carfars
when you are managing your wife's at
fairs?''
my wife"
Buys your clothing
Eyes; all of It,"
"Why don't YOU pay for the support Of
your child?"
'eWen. I got tired of doing that; I sup
ported il for twelve years and / don't
see why 1 should keep on doing so. i
haven't seen the child but once or twice
since it was BORN. When I used to call
to see him Mrs. Bernard's people used
to discourage and treat me so coldly that
I didn't go to see him any more. If ne
has any love for his father he should
call on him. He's no more to me nov
than any child / see on the street, and
I wouldn't recognize him if / saw him."
As all of Ber1ard's answers tended TO
show that he is without means of his
own, Judge Ellsworth admitted when Tire
matter was submitted that he could do
nothing but dismiss the citation, and he so
ordered.