The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1901-05-24

d
years old, testified that she worked for
Mrs Algeo for about a year. She swore
that she saw McKenna there and he
| acted as one of the family She testified
that she saw McKenna at one time in
Mrs. Algeo's room. McKennas arm, she
said, was around Mrs. Algeo's waist. She
swore that Mrs. Algeo and McKenna
frequently went to the races at Sleeps
head Bay.
Under cross examination the witness
admitted that she stole money from Mrs
Algeo.
Florence Southwood of No. SeI Park
avenue, Hobeken. testified that she worked
for Mrs. Algeo. Witness also testified
adversely to McKenna and Mrs. Algeo.
When asked under cross examination why
she left Mrs Algeo's house, she said
II left because it was no place for a
young girl Witness angrily denied hav-
ing been discharged from another place
and also that she ever stole pin from
the butcher boy.
"It has nothing whatever to do with
the case, anyway said the witness. JUS
tice Collins overruled the questions
Clara McKenna, daughter of the plain
tiff, said she was twenty years old. She
was sure that her parents lived happily
together until the separation vigorous
cross examination failed to shake her
| testimony.
| AT this point Counselor Speer, for the
plaintiff, offered the record of the will in
| evidence. The object was to show that
under the will of the late James Algeo,
Mrs Algeo was restricted from marrying
again, hence her alleged hason with Nc
Kenna.
Justice Collins refused to admit the re-
cord, but counsel for the defense with
drew their objections and the record was
admitted.
The plaintiff promptly called Mrs. Algeo
to the stand in order to prove her income,
which she admitted amounted to SIS a
week and the life occupancy of her house.
At this stage the defense rested, and
Counselor Weller moved for a non-suit,
urging the SINE grounds that he urged
to have the case thrown out. Those
points were in substance that wife can
not sue in her own name, and quoted a
case against the P. R. r.
THAT case does not hold that" said
Mr.. Speer. ''It holds that wife cannot
recover damages. for injuries received
through the contributory negligence Of
the husband.
Continuing, Mr.. Weller contended that
under the statute Mrs. McKenna had no
redress because if there were any award
from the suit it would belong to the hus-
band, who would therefore secure finan-
cial advantage from his own wrongs
In reply Mr.. Speer simply pointed out
the statute which gives married woman
/ vi 70 at1r1 fIo, ,.styI,r
to sue alone and also the right to sue
for the loss of personal property.
Justice Collins denied the non-suit.
/ Counsellor Weller in opening for the de-
tense said it would be proven that Nc
Kenna gave his wife s10O month until
he lost his position, and that the GOODNESS
was due to his grief at losing his po-
sition. Mr.. Weller said he would prove
that Mrs. MeKenna nagged him. That
having no money Mrs. McKenna had no
further use for her husband. Mr.. Weller
said that the defence would prove that
Mrs. McKenna put him out of the house
and that then he rented room from
Mrs Algeo for s. a week. Mr.. Weller
dwelt at some length on Mrs. Algeo' S
family and her support of them.
John E. McKenna was the first witness
| for the defence He said he worked for
the D., L. & w. for twenty-five years and
was chief detective for fifteen years He
| said his duties often. carried him away
from home
Where did you go?" asked Mr.. Weller.
Gall over the United Kingdom said
| McKenna.
McKenna said that he gave his wife s1OO
| a He orft an
the education of his eldest daughter and
sent his other children to college.
did you live happily with your wife?'
1--WE did not occupy the same room for
ten years. said McKenna Mot a man
/ in the world, except me, would live with
her. concluded the witness.
This was objected to by Mr.. Speer and
| ruled out.
| Continuing, McKenna said his wife was
| jealous of him and frequently accused
him of being intimate with women. He
said he met Mrs. Algeo five years age
and later at the suggestion of Mrs. Algeo $
sister went to see Mrs. Algeo and advised
her as to engaging counsel in private
matters. He said he went to board with
| Mrs Algeo in the fall of 1899. He said
that he went to see his wife after heI
visit to Mrs. Algeo and that she fought
him and tore the clothes off his back
McKenna denied that he took hold of his
| wife and assaulted her.
In response to question he said that
Mrs McKenna never gave him two kind
words since they married. He also said
he left his wife ten years ago and only
| went back at his mothers pleadings. Nc.
Kenna said that he was arrested for non
support and was put under bonds to pay
her $40 week. He denied that he ever
drank in his life. He also denied that he
was ever in Mrs. Algeo's room or ever
saw Mrs. Algeo en- deshabille.
..You are grandfather
Yes
He denied he ever took Mrs. Algeo te
| the theatre or to the horse races He
admitted that he was out driving on two
occasions with Mrs. Algeo, but that some
of her relatives were in the carriage al
the time. He denied that he left home
on account of Mrs. Algeo.