The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-02-20
KISSED MRS. SHERMAN
Mrs. Wallis Recital of Her Hus-
bands 0ffenses.
DIVORCE CASE ON TRIAL
ACTS OF CRUELTY ALLEGED BY
WIFE.

The sensational issues in the divorce
case of Edith Vail against Elmer A.
Vail, the well known railroad and
mining engineer, came up for trial late
yesterday afternoon before Judge Hall.
The plaintiff is represented by Attor-
ney d. n. Straup and the interests Of
the defense are in the hands of Attor-
ney L. B. Critchlow The trial will
probably require two or three days to
conclude.
The real contest on the case is for
the custody of the little girl, Gladys,
who, 1t viii be remembered, was fore
IDLY taken from the Sacred Heart acad-
envy, where she had been placed by
hef rather, after months of separate
from Mrs. Vail. It was on Nov p tina
Mrs. Vail and her mother Mrs. Nc
Connell, drew q gun on the sisters al
the academy and secured her child
and since then the girl has been with
her mother.
In her complaint, which was filed OF
| Dec. 1, Mrs Vail charged that her hus
/ band had subjected her to gross cru
| city by word and act ever since tn
month of August following their mar
riage in Ogden, March y, 1892, and the
/ defendant answered, denying ali of the
material allegations. BY way of cOun-
ter claim he charged that his wife had
/ been guilty of adultery, and that she
/ had become depraved from drink and
! association with persons of dissOlute
| habits. They ceased living together
about year ago,
Mrs. Wallis Story.
After a statement of PLAINTIFFS side
| of the case Mrs. Vail took the witness
stand. She told Of the courtshiD and
marriage and how she and her hus-
/ band commenced to disagree four
months after the wedding. The plain
| tiff related that the first disagreement
they had was over her use of face
powder. he threw a box of powder in
/ the CRATE, and when she took it out OF
the fireplace he slapped her in the face
! and called her d vile name.
| At Saltair in July, 1893, Mrs. Vail de
/ clared, her husband pinched her arm
/ in the presence Of a number Of persons,
and told her she had come out to the
resort to get men to buy beer for her,
/ at the same time applying an offensive
/ epithet.
| In the following year she refused to
| go TO Bountiful to live in q half fur
nished shack, and because of this,
| she says, the defendant beat and
| slapped her, and when her mother in
| terfered he replied that there was too
| G. d much mOther-in-law in the
! family to suit him. This was shortly
/ before the birth of her child.
SAID she was "Bra1nleSS.
! Mrs Vail further testified that when
/ the baby was born and he complained
/ of the cost of the baby clothes and
/ she demonstrated with him, he pushed
her up against the wall and, holding
/ her by the neck, called her ID
\ brainless Mcconnell" Further testify
/ ing, Mrs Vail said her husband scat
| tered the baby clothes on the floor.
| The doctor advised her to drink beer
/ n IA 81 h7If Ia
would not buy any OF the beverage
| Her mother bought the beer, and when
| the defendant learned Of il he threw
| it out of the house, she said.
| Mrs Vail swore that when they
| moved from the Whitmore terrace to
| the St. James hotel and then to the
| Miller her husband left her TO super
/ intend the moving and commenced to
remain away from her at nights. She
added that ne refused to take her out
/ to visit friends or for a walk.
Kissed Another Woman.
! After reciting numerous other Incl
| dents relating to the allegation of cru
/ city and use of harsh language toward
| plaintiff, Mrs. Vail told how in July,
] 1895, on Decoration day, at Calder's
| park, Vail took a Mrs. Sherman for
ride and did not show w till next
/ morning. The plaintiff followed this
| declaration by saying that defendant
I
/ house, and when she objected he re-
piled that he was paying the expenses
and would bring whoever he pleased
/ to the house. Nevertheless, she said,
! he brought Mrs. Sherman to the house
/ five or six times. On one of these oc-
| casions she saw her husband kiss Mrs
! Sherman. For such a display of at
| lection toward the guest of her nus
| band, Mrs. Vail said she raised ObJec-
/ ton, whereat Mr.. Vail replied that he
loved Mrs. Sherman and wished the
plaintiff would die so that he could
/ marry Mrs. Sherman.
| Testifying further, Mrs. Vail SWOre
| that a couple of summers ago Mrs.
Sherman was living at Pennington and
during this time her husband made 1t
J convenient to stop in the village also.
| The plaintiff went to the place where
| Mrs. Sherman lived and found some OF
her husbands books in the woman
room. She said she tried to get Mrs.
/ Sherman's picture out of her husband S
| pocket and for this effort he slapped
| her in the face.
Mrs. Vail added that the last time
her husband brought Mrs. Sherman to
the house she ordered her away and
| told her she would use a black-snake
/ whip on her if she came again
The trial will be resumed this morn
! ing and Attorney CritChl0w is expected
/ to get in a few good points for his eli
| ent on discrimination.