Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-12-29
DARDEN FILES
ANSWER To
HIS WIFE
HEARING OF INJUNCTION
GOES OVER UNTIL MONDAY
Asserts She Gave Him Eighty
Thousand Dollars TO do With
Just as He Pleased and That
It Belongs to Him,


II belongs 10 f1lllh
Especial Dispatch to the Morning Journai.I
Las Cruces. n. NJ, Dec 2S.-The
Darden divorce case came up before
Judge Parker here today on the petit
tion of Mrs Fanny Van Ripper Dar-
den. Of New York, for an injunction
against her husband. James G.. Dar-
den, Of Albuquerque. to prevent Dar-
den from disposing of the property
which Mrs. Darden alleges IN her
cross-bill. he has bought with her
money and ostensihly as Investments
for her. Mrs. Darden requests an in
junction restraining any disposition
Of the property and the appointment
OF a receiver To manage 1t pending
the final disposition of the divorce
proceedings which were instituted
here by Dardcn some weeks ago.
Darden Is asking the court to dis
miss the petition for the injunction
on the ground that Mrs. Darden
gave him the money as his own and
60 do with as he pleased and that
under the law OF New Mexico of 1907
regulating the disposition of property
OF husband and wife. he has right
To do with the money and property
just as he nleases.
Many affidavts and many witness
IS were introduced today to show the
property which Darden owns In Albu-
querque and elsewhere In New Mex
leo and To testify as 10 the time aud
manner in which Il was acquired.
Mr.. Darden took tho stand In his
own behalf today and testified that
his wife gave him the large sums
mentioned In her cross bill. as his
4 81 IA
hundred thousand dollars to do with
as he pleased but that she only gave
him eighty-one thousand FIVE hun
dred The hearing will be continued
Monday.
Additional mtoest was given TO the
cuse today when Darden filed an am
swer 20 the allegations set up In Mrs.
Dardcn's cross-hlll IN which she al
legps he invested the money for his
or'n use and obtained property IN his
own name by Misrepresentation to
her. I'm his answer MIR. Darden says
he went To New York In the fall Of
906. intimating that he went there
without much money ON the night
Of October iSth Is Is stated that la
with James Parsons. assist
ant cashier OF the Chemical National
bank Of New York. he went to the
thcater where the two met Mrs. Van
Glipcr and friend. Mrs. Burr. The
next day Mrs Van Ripper. II IS al
legged. called az the Netherlands TO
sec him He was out but she left
an appointment for the following day
when Darden met her and they went
The answer sets up
that Mrs Van Ripper questioned Mr..
Darden closely about his past life and
wound up by sympathizlng with him
..f hi IA In fuF -
New Mexico. II appears that things
moved thereafter with quickness and
dispatch. The answer says that Mrs.
Van RiDer told him not TO worry. that
She was rich, that she had money In
the bank, stocks and bonds In New
York and large holdings OF tho stock
Of the Phelps Dodge company in New
Mexico and Arizona, and that she
would give him a hundred thousand
dollars OF that stock as present.
On October 81 she gave him $4,000
10 buy a present for her aud the rest
for himself. according to the answer.
and they were married. On the thir-
iieth she gave him $4,000 more
stating according 10 the answer, that
she would rather give him one hun
ircd thousand In cash than In the
Dodge stock In December
hey went To the Hotel Maryland In
Pasadena. and the answer then re-
'ites the various sums of money given
o Darden by his wife, all OF which.
ne alleges. were gifts To him outright
md all applying on the promised hun
lred thousand In February they
iuarrcled. ne went 90 Albuquerque
md she To Los Angeles. whore he al
eyes she attempted To get divorce
rat never nled the papers. I'm March
hoy made 10 up and later started
ur New York. via Old Point Com
urt They qudrrcled again and she
gave him $4,000 more and according
% tle answer said she wanted to get
divorce and asked him TO allow her
% have her detective see hlm 81 $50
mother uoman I'm order that she
uieht nave grounds for complaint.
4. objected aud they made II up
rlin and started for New York, he
looping for a few days i'm Washing
ou aud She going on 20 the IBotel
i1ric Autulncttc Doe New York he
olIuNcd aud they took apartments
1 the Van Dyke. where she still re-
iHcs bardru rc-aSserts that he
.rred his wife 10 come TO New Mex
.p but she refused. lie asserts that
hc i- fcIS wealthy. having an income
f over ono hundred thousand doll
irs year. and that he is not veal
ut aud should be- allowed TO remain
10 peaceful possession Of the eighty
H,. thousand which he received from
ar
DO f1e allegations made by Mrs.
l8ricu in her cIu-s-hill are sens
fiuual the denlsls set up by Mr..
iBrdeu are equally So and Interest In
.. case Nill not WHne a. a result.