Show i I ALTHEAS ALIMONY i i t jl j Li The Largest Allowance Ever I I l Made 1 J TO HAVE 2500 A 3IOXTII Its It-s j i E Counsel Fees ofS55 UOO Allowed and I Ulxldcd Wrangle Ocr tho S rinding 1 t The crowd which poured into the i t Kdlary of Judge Sullivans courtroom t on the opening of the doors yesterday 1 morning showed the interest which is still felt in every step in the great Sharon divorce suit Promptly at 10 oclock Judge Sullivan ascended the bench and i t announced that he was ready to read his decision on the motion for alimony and counsel fees At that moment the I plaintiffs side of the case was represented repre-sented by George W Tyler whose faces face-s I wreathed with smiles indicated supreme confidence to what the result of the i decision would beW W Poote Walter t i 11 Levy and George Flournoj The de t I t ieiidant was represented by W H L 1 1 j Birie 0 P Evans W M Stewart F j C G New lands and II I Kowalski who I has been recently retained to assist in 1 i the defense Ai Judge Sullivan read his 1 I decision their faces assumed expressions I of surprise at the amount allowed fort for-t alimony and counsel fees I The uocision was as follows i Ii Fees and Alimony II I In the Superior court of the city and county of San FranciscoSarah A e I Sharon plaintiff vs William Sharon t defendantThis is an action for divorce I I The present application is for alimony i I + I penditila lite and for counsel fees The fact of marriage 11 denied Notwithstanding Notwith-standing defendants denial I find as a I a fart that a valid marriage is shown to i I exist between plaintiff and defendant I The plaintiff without means to prop i crly maintain herself or to properly tt compensate her counsel for the conduct j III p of her cause I f I The law which governs in a case of II this Kind is plainly written in Section I i 137 of the Civil Code or this State I j While an action for divorce is pending I 1 the court may in its discretion require l l I the husband to pay as Simony any 1I money necessary to enable the wife to support herself or to prosecute or defend de-fend the action i I The object the law is to place thewife S on an equality with the husband during t I i dur-ing the litigation in which she is seeking 1 I redress for her grievances Tie 1ms t I bands denial of the relationship does I I not where the coart finds it to be established y es-tablished relieve defendantof his obligations j obli-gations or the court of its duties to h comply with the law Under the law as I laid down in the code and the facts as I find them I deem it an imperative duty I I f to make an allowance to plaintiff for her support and the compensation of j t her counsels I counsel-s Defendant and his counsel recognize a the rule and its application to the facts I I H as found by the court but they seek to 7 I si I escape from the immediateenforcement 1 of the rule which the statute contemplates i I i con-templates Defendant asks the court to Iil f il I deny plaintiff her statutory rights to I i alimony because he intends to appeal 1 from any judgment of this court declaring 1 i him to be the husband of a I y caring plaintiff 4 a m l plain-tiff i p I I I am asked to stp aside from the i 1 tb procedure invariably followed in such 1 1 cases and to delay the enforcement 1 r I j i plaintiffs rights to immediate relief tin I i i til I place defendant in a position in i 1 i 1 l which he can defy the order of this I I ° court requiring him to support his wife pending the action The request uas at l i i least the merit of novelty I have heard t no argument advance which would U warrant the court in departing from the h I established procedure in cases of ths t l t 3 j t kind Defendant seeks further to delay the e 1 ° granting of the plaintiffs prayer for l proper relief until the court shall have k successfully assisted him in the recovery i J I t re-covery of a bribe which he directed his i I k leading counsel to place in the hands of k 1 j the confidential clerk of plaintiffs attorney at-torney of record 4 J P Plaintiff was no tin anyway connected t l I tl I with that transaction and I see no I J II l I reason why the penalty should fall upon f I 1 her Nor is it under wellestablishec j principles of public policy the duty of 1 L II j t J this court in this proceeding to concern I w I r i I I 1 bv itself defendant with the recovery of this money G i r I I purposely avoid saying anything f further orx this subject because the con I I d duct of the parties participating in the I 1 I transaction has been made the subject 1 I > of investigation by other tribunals in soil so-il I I r far as it involved breach of profess f profes-s I i sional ethics or a breach the rlminal f i I code While so pending I shall not i I I necessarily say anything to influence i E the determination of the matter b I I f I I I such 1 i fstlon by t i I 1 r t I On the hearing this motion a mass I i i I f I of testimony oral and written was submitted I I sub-mitted as to the credibility of certain ft l I testimony given at the trial I shall a F 1 not discuss these matters at this time i f 1 l T1 For present purposes it is sufficient to i i > t r say that as to the factof marriage my t J j conclusion isas above indicated Some I I s of these matters afford subject for ib 1 l i I I serious consideration I Many of these matters will properly I come up for consideration on the hearing J l 11 hear-ing of the motion for a new trial and f 1 i t lei they can then be better considered in rI j connection with such other mattersas I ll mav be presented at that time i i h 1 The amount proper to be allowed at i I l Fii i i I this time as alimony and counsel fees t t i j has been a very serious guestion for me r I to determine The plaintiff should i j I I I 1 1 have a proper allowance but the j amount prayed for is far in excess of j 0 I the requirements of the case The law rl contemplates not a division of the defendants de i I I I i from of proper allowance for plaintiffs s t tiffs support and of proper fees for her i z I counsel j i In view of plaintiffs nresent surroundings f t 1 t 1 1 1 I sur-roundings and difficulties I think ant an-t t Ir I I I allowance of 2500 per month is a j C i reasonable allowance This allowance I I I j snail take effect as of the date of this lit f i j I le I application January 8 18S5 the full 1f II I I sum of 7500 to be paid on or before 1 1 t I I if s larch 0 1885 and further sums of rji i 1 250D each to be made on the Sth day lei i1 j r s of April and of each subsequent month t lj ji I 1 I until the further order of this court i t i y e A proper allowance for counsel in i J L 3 1 view proper litigation past present and 1 1j 13 I l prospective is the sum of 55000 which l t if 1 t1 Ii sum defendant is directed to pay to f I plaintiff for the purpose of enabling 11 f l It t I 0 tbJI k I t 1 i 1 i Ti 1 r I 1l fJ 1 1 1 her to prosecute this action said payment pay-ment to be made on or before March Hh 1885 Inasmuch as plaintiff counsel coun-sel have lequestcd me to make an apportionment portionment of the gross sum allowed counsel ice I do so as follows To as Tyler Tyler 20000 to David S erry10000 tu tflournoy Mhoon lournoy 10OOU to W H Levy 10 000 and to Clement Osuient Clement 3000 Plaintiffs counsel will prepare the proper form of order to be entered on the minutes of this court in accordance with the foregoing directions SVAUVAH J I Just as Judge Sullivan had finished reading the fair plaintiff who until then had not made her appearance entered the room accompanied by her faithful counsel and constant attendant attend-ant David S Terry After Mr Foote had informed her of the nature of the decision she whispered to the Chronicle reporter That is a nice valentine for me The amount is smaller than I expected because be-cause Judge Terry told mo I ought to get 5000 a month anl 1 I expected to get back alimony for all the time since Mr Sharonri desertion but Judge Sullivan Sulli-van pleased me so much however bj his first decision that I nm satisfied with anything he does and I hope that if ever he comes before the people 1 again for any office they will remember that he was the judge that befriended a poor and defenseless woman Sharons Stand Mr Sharon when informed of the decision de-cision of Judge Sullivan said Judge Sullivan evidently rated Altheas value a great deal higher than she did herself When 1 she and I had to fix her value she rated it at 500 a month but the Court seems to be of the opinion that live times as much is the correct thine Well J really care but little what he sets alimony at In fact the higher the better for me How do you explain that asked the reporter Well I dont care to make any remarks re-marks But I will call your attention to an historical fact the greater the wrong the sooner it is righted I suppose you will pay up Then sir you suppose very wrongly said the Senator lor shall neither pay promptly nor shall I pay at all My counsel will at once proceed pro-ceed by writ of error and writ of ceritorari to take the matter before the Supreme Court and slop all proceeding till that tribunal shall have made a final determination of the case What chance think you would I have to recover a cent from that party if I once pay it over All the courts between be-tween here and New York could not bring back a cent from such an irresponsible irres-ponsible party once they get it and I dont propose to quit loser when I shall at last get a rightful decision from the higher courts No sir I will not pay until the Supreme Court has reviewed this case I am certain to win in the end My case is a just one and justice cannot be strangled even though the object of attack be a rich man I Do you think any compromise could be had I Compromise sir No sir This is an infamous conspiracy I never married mar-ried that woman and she never thought that I did This conspiracy cannotsuc ceed and I would not lay down one silver dollar this minute to have the conspirators renounce all claims upon me I will never rest until justice is done me and not a cent of my money not a single mill shall these people have There can be no compromise compro-mise She is not my wife My honor and the honor of my children is at stake and much as this conspiracy annoys me I would not purchase peace at any price I will win peace from a decision by the courts of my country I dont feel at all worried about this decision No amount that might have been set would haye surprised me in the least My first and last surprise in the case was the verdict After that I am prepared pre-pared for anything We were not unprepared un-prepared for something like this and papers were drawn up ready to take the case before the hicher courts at < once San Francisco Chronicle 17th |