Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1915-01-08

erty, but without success.
That failing in his efforts To have
said trust deed set aside and to obtain
entire control OF her said property
after his said marriage. he resolved
10 take the said Annie T. X. Parker
Smart away from the Territory of Ha-
waii for an extended length of time
to Paris, France. knowing full well a,
! the time when he contemplated the
taking Of said Annie T. X. Parker
Smart to- Paris she was in no physical
, condition TO go there and that the eli
/ mate Of Paris aforesaid would be in
/ curious TO a person in her condition
and subject to her ailments.
Wished to Go to Paris.
+, That on the 21st day OF May, 1913,
the said Richard Smart, her first child,
was born to the said Annie T. X.
Parker Smart and while SAID child
was still an infant in arms and at
time when the said Annie T. X.
Parker expected within a short time
to give birth to another child, he,
the said Smart, insisted upon the de-
parture of his wife from this territory
! with the purpose Of going to Paris,
France, taking her first to the State
OF California where for a period Of
three weeks or more they remained
at San Mateo in said state. s.
That Immediately prior to the de-
parture Of said Smart and his wife
from Honolulu aforesaid, she, the said
wife, had been afflicted with an at
tack of pleurisy with effusion and had
been under medical treatment there
for for considerable length of time
under the care of DR.. F. F. Hedemann
a reputable physician duly licensed to
practise and practising within the Ter.
ritory of Hawaii, and having an Office
in the city of Honolulu aforesaid.
Trip Declared Dangerous. r.
That as petitioner is informed and
verify believes the said Smart was
informed by the said Dr. Hedemann
before the departure of himself and
his said wife from said Honolulu that
she had been afflicted with pleurisy
and that the said Smart being a per.
son who had considerable knowl-
edge of medicine himself, much more
than the ordinary man has, was in
formed by the said DR.. Hedemann that
in ninety cases or more out of hun
dred pleurisy was of tubercular nature
and that persons with Hawaiian blood
In their veins having been so afflicted
were peculiarly susceptible to tuber-
culosis, the said HedemaAn being anx.
iuus in so far as the health and uerma-
nent recovery of Mrs Smart was con-
cerned, fearing that the result of said
attack of pleurisy might be future
attack of tuberculosis.
That the said Annie T. X. Parker
Smart was person of delicate ply,
sique and partly of Hawaiian blood.
Warned Not to Take Trip. 49,.
That as petitioner is informed and
verify believes the said Smart, prior
to the departure of himself and his
said wife, from Honolulu as aforesaid,
was warned by the said DR.. Hede-
mann and others not to take his said
wife to Paris or to any other place
where climatic conditions were of
such character as to be dangerous
for one having tubercular tendencies.
That Notwithstanding said warning
and warnings of like purport given to
him by physicians in California upon
their arrival there, and with full
knowledge of the probable results OF
his said actions, the said Smart took
his said wife from California afore-
said to Paris. arriving there on or
about the 25th day of March, 1914.
That the said Smart and his wife
said Paris until the End
day Of September, 1914, or there.
abouts
That during the stay of said Smart
and his wife in Paris aforesaid, and
on the 9th day of June, 1914, his said
wife gave birth to another child, q
daughter, which said daughter died
of tuberculosis on the 22nd day Of
September, 1914, in New York City.
"Faiied to Care for Wife"
That as petitioner is informed and
verify believes, the said Smart dur
ing the time when he was living in
Paris with his said wife and immedi-
ately prior to the birth of said daugh-
ter failed to care for his said wife In
a proper manner, taking into consid-
Grafton her physical condition and i'll
health. VI
That the said Smart from time to |
time and on one occasion but a few
weeks prior to the birth of said sec.
ond child. that petitioner is informed
about. took his wife to various and
sundry resorts of low character in
Paris aforesaid. with a young man
whose acquaintance they had made in
said Honolulu, and notwithstanding
her condition and her i'll health kept
her out practically all night long.
That from the time of the marriage
Of said Smart to his said wife, she,
although having. an ample income, to-
wit, not less than $4,000 a month, was
not allowed by the said Smart to have
money sufficient to supply herself with
the clothes and ordinary spending
money which a woman Of her means
would expect to have, but said Smart
assumed the entire control and dispo-
sition of all of her income
Subjected to Abuse" " 49,
That as petitioner is informed and
verify believes. upon one. occasion, his
said wife jhafing drawn the sum of
$fCe from Alfred w. Carter, Esq, the
trustee named in the deed of trust.
without the knowledge of said Smart
md nt,f Of said sum nf HIn0 ho win oy