El Paso herald. (El Paso, Tex.) 1901-1931, 1910-10-29
THE STATE OF TEXAS.
To the Sheriff or any Constable of Ell
Paso County, Greeting:

To the Sheriff or any Constable of FL
Paso County, Greeting:
You are hereby commanded to sum-
mon Richard Fitzgerald by making
publication of this citation once in
each week for four successive weeks
previous to the return day hereof, in
some newspaper published in your
County, to appear at the next regular
term OF the 41st district Court, of FL
PaSo county, to be holden at the Court
House thereof, in The City of Ell Paso,
Texas, on the first Monday in Novem-
Der, 1910, the same being the 18th day
of November, 1910. then and there to
answer petition filed in said court on
the Sth day of October, 1910, a suit
numbered on the Docket of said Court
No. $40, wherein Henrietta FftZger-
aid is plaintiff, and Richard Fitzger-
aid is defendant, and said petition al
leging that Henrietta Fitzgerald re-
sides in FL PaSo county, Texas, and
has resided in said county for more
than six months next preceding the
filing of this suit, and is an actual bona
fide resident of the State of Texas.
That on April 18th, 1907, in Louisville.
Kentucky, plaintiff was lawfully mar
ried to the defendant and continued to
live with him as his wife until about
November 18th, 1909, in the city of
Louisville, Kentucky. and that one
child was born of said marriage, girl
by the name of Anna Mary Fitzgerald,
now over two years of age; that dur
ing .SdlU TIME she COuQuCLcQ SELL
with propriety and faithfully dis
charged her duties as wife of defend
ant and treated him with kindness,
but that the defendant, disregardlng
his marital vows during period of.
several months prior to their Separa-
ton, INDUCED in a course of improper,
wrongful, unkind, harsh and tyrannical
conduct towards her which was almost
continuous. until she became finally
separated from him on or about No
vember 18th, 1909. While plaintiff lived
with defendant as aforesaid. he exer-
cised cruel treatment and outrageS to-
wards her of such nature as to render
their living together inSupporta BILE and
in addition thereto. was guilty of liv-
ing with a woman of bad repute, named
Katherine King, in open adultery dur
ing the month of November, 1908, in
the city of Louisville, Kentucky after
which he returned to plaintiff and
promised to treat her in a proper man
ner and to do right and to give up
said woman, and they lived together
as husband and wife until during the
time the defendant again left her bed
and board and returned to live in
adultery with Katherine King, with
whom he continued TO live in the city
of Louisville, Kentucky, as aforesaid,
and he accompanied her during said
time on the streets of Louisville, Ken
lucky, and with her freGuented low
and immoral places of amusement and
has Gil Lie lAAAC SAAOC
manned away from this plaintiff and
their said child. and rendered them no
support whatever. and during the time
they lived together aforesaid, defend
ant continued TO exhibit a cross and
moody disposition towards plaintiff and
ceased 10 love or care for her. That
since she was abandoned as aforesaid,
plaintiff and their child have lived with
and been supported by her father, by
whom they have been provided with a
good home. That by reason of said
conduct, abandonment and non-support
on the part of defendant their further
living together as husband and wife
is insupportable. but that said mar
riage relation between plaintiff and de-
fendant still exists. and the plaintiff
prays the Court that defendant be cited