Weekly journal-miner., 1917-03-21
CASE HOT ONE FOR
 ]. ]. EMMETT
JUDGE SMITH ADMINS TIERS WHOLESOME LES SON TO JEROME MAN SEEKING DIVORCE; DE- GREE NOT GRANTED.
from Sundays DailY.l

The historical trial of Robert Em-
 melt was in a way duplicated in the
 Superior court yesterday morning,
 when John J. Emmett came in for
 lot of trials and tribulations on the day of the good St. Patrick.
 Losing a chance to gain separation l from his wife, his sought for oppor-
 tunity to remarry and compelled by
 the court to begin supporting Mrs. ! Emmett and their five children in
 England, Emmett also faces a possi- bility of being indicted for perjury. | Judge Smith has been awaiting the
 arrival of Emmett, who had filed suit
 for divorce, that he might teach a
 severe lesson in proper conduct in
 court It is long and involved story.
 Emmett came to America to better
 himself in 1912, leaving Mrs Emmett and their five children in Cornwall, | England. For two years he has been
 a miner for the United Verde at Je- rome Some time ago, hc wrote his
 wife telling her he wanted a divorce, that he had deserted her and suggest
 ing that she get it there. He even offered to pay the costs. Prior to this,
 he had tried to get local attorney to secure him divorce on the grounds of inhdelity, and was told he could
 not do it.
 He then filed suit here, claiming ignorance of his wifc's whereabouts and to substantiate this, serving mo- ticc on her by publication.
 Meanwhile, an English society for the care of the poor had taken up Mrs Emmett's case. The society got in touch with New York society and through the latter, found Emmett here Letters from Mrs. Emmett, a copy of his letters to her and other communications from clergymcn and friends of Mrs. Emmett, setting forth her good character. were sent to Judge Smith. through J. w. Canning, humane officer at Phoenix.
 Judge Smith permitted Emmett to take the stand and tell his side of the story. He claimed to have but two children He denied knowing his tancc from Cornwall to Brixham, where the family now resides, he said about POO miles. Here Judge Smith began 10 spring some of the facts. He asked if it were not fact that if one indulges in a 2O0-mile journey in En- gland, one would have to walk out into the sea. Emmett stated his 200 miles meant in a roundabout way.
 At this point, J. MI Morgan, who agreed to represent Emmett on telc- phonic request of Carl M Helm, of Jerome, discovered the true nature Of the case and asked and received per mission to have his name expunged from the record He then left the court room in disgust.
 Then Judge Smith laid down the law and rules of conduct to Emmett, whose blunt Cornish countenance be- traycd no particle of surprise or con sternation. The court told him that he should regard the glorious history of England, and instead of putting the burden of support of his wife and five children on his king and country, should be home helping them in this time of national peril. Judge Smith intimated that but for the fact Elm nett was in court without counsel, fricndlesS, he would in Stantly clap him in jail for his per- furious statements. Emmett had ad- mittcd that he wanted to get the di- vorCc in order tO rcmarTy.
 The case IS not ended. Further hearing will be had at some future and unSpcciicd time Orders were en- tered, however. instructing Emmett to pay Clerk Farley for transmission to Mrs. Emmett, the sum of S100 within three days. and beginning April 1. to send Mrs. Emmett through the court, $50 per month. In addition, he must pay at this rate for the past year, during which time he has not contributed to the support of his family.
 Emmett is amply able to do this. He is employed by the United Verde at l wage of $5.25 q day, and in addi- ion, receives rents from houses he has bought at Jerome, bringing his in- some up to $195 per month
 The Emmctts were married in l90l The children range from four to IA years of age.
 There Is too little regard for truth n the court room," said Judge Smith after the hearing. "If 1t were not for certain CXtcnuating circumstances. | would have immediately ordered Elm nctt's detention on perjury charge.
 was determined that an example should be made in this case-and it $ not finished yet"