The evening world., 1921-04-01
EXHIBITS SHOULD NOT BE CON.
SIDERED.

Tho exhibits should not be con-
sidGred by me upon this motion.
There are many statements IN the re-
speCtive afiidavits OF plaintiff and de-
PENDANT that ! believe are not com
petent in II case OF this kind. | did
not consider them on this motion
when 1 believed they violated the
rule.
THE plaintiff presents with his
affidavit the testimony taken at
the hearings before the learned
referee as to the acts and conduct
of the defendant. She denies these
acts and conduct in her affidavit.
Tho trial is pending and she has
not been examined. The defend
ant has amended her answer and
charges acts and conduct upon
the plaintiff OF similar character
as charged by him against her,
and such acts are supported BY
afFidsvits of different persons.
She does not seek a divorce but
pleads reerimination against tho
defendant as a defense. II the
acts and conduct as charged
against each other are sustained
neither will be entitled to a de-
cree,
sec l75S--When divorce denied
although adultery proved. In either
Of the following cases the plaintiff
is not entitled to u divorce, although
the adultery is established: (sub-
division A6). where the plaintiff has
also been guilty of adultery, under
such circumstances, that the de-
PENDANT would have been entitled, If
innocent, TO divorce
az these charges are estab-
Iished the plaintiff and defend
ant will find themselves in the
same position as before the COM
mencoment Of the action, except
that they will have had their day
in court, or perhaps several days,
as to matters affecting them, and
this all means time, labor and
the expenditure Of money.
THE children must be maintained
and the defendant must be main
tanned and supported in a manner
corresponding to her rank and posi-
tion and the fortune of her husband.
We must hook 10 all the circumstance
of the particular case, In order IA
award what Is fair and Just between
the parties, for no two cases are alike
. The charges against the defendant
are very serious and momentous and,
II sustained, the consequences would
be very serious TO her future, even
II she should succeed in sustaining
the charges against the plaintiff. This
case II OF great Importance to her,
1t Ia her right TO make n vigorous
effort TO meet the proof that may he
presented against her and TO present
her defense, not only for herself but
for the interests OF her children.
THE PATHETIC SITUATION OF
BABY GUY.
aside from these considerations
there is one person in this case who
Is 50 young and innocent AS not Il
understand what this action Is al
about, and will not understand unit
he comes to an age of understanding
II plaintiff Is successful against thu
child, the child will bear stain tina
cannot be erased and for which HI
is not responsible. The plaintiff seek
TO do that which ne believes Is hi
duty to himself and his children. Th'
( plaintiff having challenged the pa
ternity OF the child, the dofcndan
I comes TO its protection, and 10 tn,
defense Of its legitimacy.
This is her duty II she is right II
her claims. She vigorously cham
pi0ns the child's cause and this is ex
pected from any mother.
'Our law in It's wisdom provides fo
| the care and protection OF those wht
cannot protect themselves, especial!
/ infants and those of tender years
/ There IL such an infant in this case
+ The infant is made a defendant ant
/ It's paternity Is questioned. Tn,
/ courts are charged with the duty o
protecting II.
In this case the infant Is repre-
scented by an honored and eminen
! member Of the bar who will protec