The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-01-09

Ella WINS
Given Divorce From the
Count.
FEsIEHcs DIsBELkvED
Judge Bahrs Of San Francisco, Scores
the Yacht ToIna's
Owner.


Owner.
SAN FRANCISCO, Jan. Rudolph
ICount Festetics de Tolna, must face
the uncertainties of the new century
alone. A decree of absolute divorce
was granted his wife. Ella, Countess
tFestetics de Tolna, by Judge Bahrs
yesterday morning. If married life
Twas pleasant to Count Festetics he may
bury his happiness with the ashes OF
This yacht Tolna on the far away Mala-
bar coast, for he owes what woe the
ldivorce court has brought him to the
erstwhile existence of that little vessel.
Every ground and cause of action
urged by Countess Festetics has been
Sustained as true by the court, while
en- the pages of Count Festetics' deposit
ton, wherein he assailed the honor of
his wife in defense of his own.
/ Months ago the ashes of the Tolna
were swept up by the sea. The pig
that lent it's odorous presence to the
unhappy environments of the Countess
aboard the yacht has long been dead,
and the cockroaches that infested the
CdDll were IOSl WIFI the SHIP. l. ne
Malay crew that frowned dark on the
deck and added to the Countess terror
are scattered far, and now the Count
has lost his Countess The last chap
ter of the cruise of the Tolna has been
written and the last link of association
has passed from the life of the Austri-
an nobleman. He may take an appeal
to the Supreme Court, it is true, but
10 ;x,{,
in support of and against the action
! for divorce Judge Bahrs has taken the
salient parts, and the weight of evil
dence is against the defendant-Count
Festetics.
| TOLNA THEIR ONLY HOME.
| After reviewing the facts of the
courtship and marriage of Count Fes-
tetios and Ella Haggin and going over
the log of the Tolna, as quoted in de-
| tail in Countess Festetics complaint,
Judge Bahrs says:
| Count Festetics never at any time
since his marriage offered the Countess
home or place of abode other than the
yacht Tolna. During the long cruise of
the yacht Countess Festetics underwent
many hardships, suffered privations
and perils and was at long intervals
without the companionship of any wo-
man. This life frequently undermined
Ter health.
/ 1.-The court has no hesitation in con-
Guiding that the yacht and the mode
of living was grossly unfit for the
Countess as home and place of abode,
and that she could not live as he elect
ed to live without great risk to and i'm
pairment of her health, and without
being subjected to extraordinary dan
gers and privations.
ION April 20, $780, the Count sailed
away on his yacht for Colombo and
left Countess Festetics at Singapore
without money or means of existence
other than that which had been trans
mitted to her by her parents. Since
April 20, 1899, the defendant has failed
to furnish Countess Festetics with
means of livelihood and she is hence
wholly dependent upon her parents for
her maintenance and support.
! From Countess Festetics' letters to
her husband and mother it appears
! that she never had any intention of de-
sorting the Count, as they were couch
ed in terms of endearment and affec-
ton, and hint at some future prospect
of reunion, but Count Festetics' letters
became cold and formal. He did not
/ offer Countess Festetics a home. He
did not send her any support; in short,
his actions justified the belief that he
had grown Indifferent to her, and ner
suit for divorce was but the logical
result
Il have no hesitation in stating that
the foregoing state of facts, which find
ample support in the evidence, entitle
Countess Festetics to a divorce from
ECount Festetics upon all the grounds
alleged in the complaint, and it is so
ordered
The Counts story. as told in his de-
position, was as follows:
| During our stay at Singapore the
plaintiff objected to staying any long
er on the yacht Tolna, after a quarrel
that we had about a big Irritation that
my wife had with a man named Rem
ington of the English man-of-war I'm
mortalite. My wife would give no rea-
son for her objection to staying any
longer on the yacht Tolna except that
she was tired of living on board of a
yacht.
! At Singapore she asked me to dis
pose of the yacht and live on land at
any big city that she liked. This was
after our trouble with Remington on
| board of the Telna, and particularly
when he stayed over night on the Tolna
at the special request of my wife. al
though 1 objected and told Remington
hat I would have him taken to his
Zip in one of the Tolna's boats He
a he preferred to sleep on board the
Taira, and upon the further urging of
my wife and her objection to Reming-
ton leaving, I at last yielded and al
lowed him to sleep on board, my wife
making up his bed in the main saloon.
She took a blanket off her own bed to
use, and seeing this 1 took the blanket
from her, but she got it again and put
| it on Remington's bed. The next morn
ing about 6 o'clock I heard my wife
IN the saloon calling to the boy: boy!
Boy! Bring quick some cognac. Mr.
Bennington is fainting.''
THE COUNTESS AS A NURSE.
Immediately went out and saw my
W" nursing Remington, and 1 told my
VT VIII you please go in your
ro1f 1t is my business to nurse
MN Then my wife said. mo, / am
not foing to my room I am going 70