Show WRONGS OF A WIFE Theory Qf Mrs Mary A i 5 M cKrl Ht MacKnight s WHO ASKS FOE A DIVORCE She Alleges Cruel and Inhuman Treatment Refusal to Commit Fej MacKnlghts Request o j The following document was filed in the Probate Court yesterday In the Probate Court In and for Salt LalrQ County Utay Territory Man Ann bcKnght Plaintiff vs James MacKnight Defendant Petition for Divorce Ixow comes Mary Ann MacKnight i the plaintiff above named and complains com-plains of James MacKnight the defendant de-fendant herein and for causes alleges First That she the said plaintiff is now and for more than one year past has been an actual bona fide resident of Salt Lake County in the Territory of Utah SecondThat she the said plaintiff was married to said defendant on the day of July 1863 at Salt Lake City in Salt Lake County Utah Territory and they have ever since continued to be and now are husband and wife ThirdThat there are six children now living the issue of said marriage whose names and dates of birth are as follows to wit James F MacKnight born June 27 1867Alice Alice Adola MacKnight born January Janu-ary 12 1870 Joseph ff MacKnight born July 20 1872Walter Walter Scott MacKnight born September Sep-tember 15 1878 Victor Rudolph MacKnight born August 11881 Kivildia Josephine MacKnight born September 3 1883 l ourthThat ever since she the said plaintiff has been married to the said defendant she has conducted herself her-self toward him as a good and dutiful wife and discharged all her marital obligations Igations to him but that he has not conducted himself toward her as a husband hus-band should but on the contrary he the said defendant has cruelly treated the said plaintiff to such an extent that he has caused her great mental distress dis-tress FifthShe further says that he has also cruelly treated their children particularly par-ticularly their oldest boy and girl ordering the said girl Alice Adela I MacKnight to leave the house called her bad vulgar and evil names and refused to furnish her proper clothing and she further Bays that as to the other children they are poorly clad and almost destitute and that he has not furnished plaintiff sufficient clothes and that she has had to earn them herself her-self About three years ago he threatened to kill with an axe their oldest boy James F MacKnight and has cruelly Beaten him that about two years ago he the said defendant would not permit the said James F MacKnight to sleep in the house and compellea him to sleep out doors in cold and freezing weather until the said boy contracted a very severe com mat tne saia aeten dant said that if the said boy came in the house that someone would be shot and by his general bad and cruel treatment treat-ment of the said boy has driven him away from home and will not allow him toreturn And said plaintiff further says she fears if the said boy would return re-turn some serious evil would happen to her or the said boy or both She further says that there is now an action pending between one Juliana L Smith as plaintiff and herself as defendant defen-dant in the Third District Court of this Territory and that the said James Mac Knight the defendant herein has urged her to go upon the witness s and and puriure herself by giving false testimony in the said action which she is unwilling unwill-ing to do About six weeks ago she the said defendant wasencfente and was prematuiey confined that immediately before her confinement and when in great pain and dangershe requested the said James MacKnight to send for a midwife to wate upon her but he refused re-fused and went away and she was compelled com-pelled to send one of her children for the midwife to assist her that she became so dangerously ill that the midwife insisted upon the said MacKnight after he returned home that he immediately get adoctor which he reluctantly did and that neither the doctor or the midwife have since been paid for their services as this plaintiff verily believes This plaintiff further says that on the 6th day of March 1835 the said defendant de-fendant was in the District Court of the Third Judicial District of the Territory of Utah convicted of a felony and sentenced sen-tenced to imprisonment in the Penitentiary Peniten-tiary and to pay a fine of 14240 All of which causes her great mental distress dis-tress and is to her extremely painful She further says the said defendant has no property real or personal except ex-cept household and kitchen furniture beds and bedding of small value now in the house occupied by her in the Sixteenth Ward of this city She further says that from her knowledge of the temper and disposition disposi-tion of said defendant that she has reason rea-son to believe and does believe that as soon as the petition is filed and the summons served on him he will treat her and her children in a violent and vindictive manner and remove the said household and kitchen furniture and food from her possession and conceal the same and she makes this statement for the purpose of obtaining a restrain ing order She farther says that she is theowner in her own right of the following described de-scribed piece and parcel of land described de-scribed as follows to wit Commencing six rods from the northwest corner of Lot5 in Bh > ck 57 as plotted in plot B Salt Lake City surveY and runniag east thence ten rods thence south four rods thence west ten rods thence north fourrqdsito Tithe place of begin lug containing forty square rods of jjroundUsituated in the City and County of Salt Lake and Territory of Utahand she has reason to believe and doe f believe be-lieve that unless restrained the said defendant will interfere with her possession pos-session and right thereof and she makes this statement for the purpose of obtaining a restraining order She therefore prays the court to take her case into consideration and cause a j t1mmons to be issued and served upon Ithe said Jtmes MacXnigh defendant 1 I herein and that the marriage contract r i existing between the parties hereto be dissolved and held for naught and she be divorced from the said James Mac Knight and that the Court award to her the care custody and control of the said children and each of them and that the said household and kitchen furniture beds and bedding and food be awarded her and ordcradjudge and decree that the said James Mac Knight pay to her the sum of 50 per month for her support maintenance and education of her children and he cost of this proceeding including attorneys attor-neys fees to be taxed and that until the hearing of this matter the court will grant a training order restraining and prohibiting the said James MacKnight from in any manner interfering with the said plaintiff and her children and the said property MARY A MAcKMGHl Upon reading the above complaint the court issued a restraining order as prayed for Summons in the case was issued yesterday yes-terday |