Show 4 4 IIfl lN CASE Sensational Affidavits Launched by the Defendant MRS IRVINE FIRES BACK ROBERTS GETS JUDGMEXT FOR FALSE IMPRISOXMEXT Mrs McCall Aslcs for 2000O Dam S agon The Pacific Paving Company looses an IhJjnc Dentil Creates a InNs in the Hill Family Probate Court Orders Counsel for the respective sides in the Irvine divorce case are now taking steps that will lead to an early disposition dis-position of the motion for a new trial a favorable ruling meaning a reopening reopen-ing of the entire case an unfavorable ruling its temporary removal at least from the publics morbid appetite Judge Powers attorney for the petitioner pe-titioner has filed his affidavits which open with one from J M Murdock Affiant avers that in the summer months of S9 while he had lodgings in the Montgomery block he frequently saw Mrs Irvine ejiter Montgomerys apartments with a pass key carried by herE E Hunger of Lincoln Nebraska certifies that E L Simon who was among Mr Irvines witnesses during the proceedings for divorce had told him in the vernal months of S9 that he had seen Mrs Irvine and Montgomery Mont-gomery in flagrante delicto at a spot near the penitentiary Deponent says he has frequently seen Mrs Irvine and Montgomery riding near the woods in which Simon testified the act had been performed Mrs L G M Baldwin of Lincoln certifies with reference to Veterinarian Girths alleged visits to Mrs Irvines house during the absence of her husband hus-band That she saw Mrs Irvine driving driv-ing with Montgomery and that when affiant expostulated she answered You would not do such a thing Well you miss lots of pleasure l Mrs Irvine she further alleges told k her that she had sought to induce Dr Simmons of Lincoln to procure an abortion hut he had repulsed herO her-O M Duffield claiming to have been in the employ of Irvine in 1890 testifies testi-fies that he saw Montgomery visit Mrs Irvine frequently during the month of March that year and that upon one occasion affiant was sent to Irvines office with instructions to learn where he was Upon his return he informed Mrs Irvine that her husband was visit ing a suburb whereupon he affiant was sent forth to purchase groceries Affiant went to the barn and while passing through the hall pushed open 81 the door of a bed chamber Within he saw Montgomery getting out of bed while Mrs Irvine remained under the clothing so that affiant was unable to see her The petitioner and his counsel make 1 the formal affidavit that they were without the knowledge of testimony contained iri the affidavits until after the trial To these accusations Mrs Irvine files i an affidavit in reply in which she states under oath that the affidavits introduced by the petitioner are false She denies that Dr Simmons to whom Mrs Baldwin Bald-win s affidavit refers in connection with the abortion was a witness upon the trial in December Further that Martin Duffield who had been in the employ of Mrs Irvine in the winter and spring of 1SDO was dismissed because he had stolen money from them and denounces ris affidavit as false An affidavit from Bert Olson of Omaha says Duffields reputation is very shady Officer Savage avers that he frequented the resorts of thieves thugs and vagabonds as does also Louis Godola of the Omaha prison Harry Jackson of Omaha launches another affidavit against Duffield in which he swears that he Duffield in 1893 told him that if he could see Mrs Irvine she would give him 10000 to get i him and certain information he had P out of the country Duffield had also represented to affiant that a woman who conducted the Big 5 had been sent to the penitentiary because she had seen what he Duffield saw Fur ther that Duffield had stated to affiant that he had written Irvine and offered to come to Salt Lake if money was fur nished him Duffields reputation he certifies is very unsavory Joseph H Sheen certifies that after I the tragedy at Lincoln in 1892 Simon l told him he saw Montgomery and a Jc woman in the woods near the peniten tiary but could not get near enough to learn the extent of their Intercourse C L Hooper puts in a corroborative affidavit concerning the Simon conver sation Murdoc who makes affidavit con cerning the aleged visits of Mrs Irvine to Montgomerys apartments is char acterized as a man who stands charged with embezzlement and who was await ing trial in January last under bonds in the sum of 5500 D |