Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-01-05
WAS CHAS. SMITH
LEGALLY MARRIED.
Question Arises in Connection
With Present Wife's Suit
For Divorce.
FORMER DECREE NEVER FILED
For the Fourth Time Mr. Smith Fig.
urcs In Divorce Court for Fail
urc 10 Provide.

Charles Smith, a well known book.
keeper and accountant Of this city. Is
again forced into the lime-light OF the
divorce court, ana matters may de-
velope which viii result IN something
more serious than u simple divorce &C.
ton being brought against him. Within
loss than two years smith has figured
In no less thau four divorce eases In
the district court. the fourth one hay.
ing beer filed today. 4 search Of the
records " the clerks Office disclosed
the fact that as yet no decree OF d.
yorce has ever been nled OF record ir
the last action In which Smith was de-
fondant Hence the question arises
a. to whether or not his marriage to
the presen, Mrs Smith ia legal.
The action which cnuses the compli-
cation was brought by Annie NJ Smith
on July %. l9o5. She filed her first
action for divorce on May %, 1905. but
II was dismissed without prejudice and
she then flpd her second action on the
date first mentioned. On July 2s. 1905
an order was entered by the court
granting Mrs. Smith her divorce as
asked, but as yet the decree has not
been filed in the court, and henc1
IL not effective
Apparently without ascertaining
whether or not the decree In that case
had been signed by the court and hled
fcr record. Smith married his present
wife Eliza Stokes Smith, at Tooele
City. on oct. q, 1905. Mrs. Smith has
the same complaint to make against
her husband as did his two former
wives, namely, that he has failed 10
provide her with the common neoessari-
es OF life. although abundantly able to
do 40.
NEARLY STARVED HER.
In her complaint she alleges that ever
since the day following their marriage
defendant has refused TO provide for
her and that most of the time he has
compelled her to live upon bread and
water She stood the treatment ac-
corded her until Dec. 49, 1905. when she
left him and went 20 the home OF her
friends and lived I'm order TO keep from
starving. She alleges that defendant
earns from 800 to $3.50 per month.
She asks that no be compelled TO pay
her allmony In the sum of $50 per
month and attorneys fees and costs of
quit. In addition to the divorce she
also prays for the restoration OF her
maiden name, Eliza Stokes Chalmers.
ACTION NUMBER ONE.
The first action against Smith was
filed by his former wife, Josie Long
Smith. on March II. 1904. on the witt
ness stand testimony was given In be-
half Of Mrs Smith which indicated a
very bad state of affairs IN the Smith
home. II was shown that he would al
ways provide himself with food but
would not allow his wife to have but
very little. 1t was also shown that she
suffered from want OF food and her
health was greatly impaired and she
was finally compelled to accept char
ity from friends. The records in the
case show that Smith was compelled to
pay her alimony and did pay the sum
of sls.7b shortly after the action was
filed. Mrs, Smith died before the case
was finally disposed OF and thus that
action was closed.
SECOND WIFE'S SUIT.
a few months after the death OF his
first wife he married again and. on May
%, 1905. his second wife filed suit for
divorce against him charging him with
failure to support. This case was dis
missed without prejudice and she then
filed another complaint on July %. The
ground of action was the same ms IN
the previous one and the plaintiff was
Annie NJ Smith. AS stated above a
decree was ordered in this case but as
yet II has not been filed with the clerk
of the court and Is not effective.
In the case fled today an order To
show cause has been issued citing
Smith TO appear before Judge Arm
strong or JAN l9 aud show cause why
he should not bc compelled to pay his
wife temporary alimony.