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Show WON'T ENTER MORMON TEMPLE TO WIN SPOUSE HE IS TRYING HARD TO LOSE i Owm to the fact that Jndco Horac was occupied with tho Sheets case, .Judge Armstrong heard the divorce calendar cal-endar in the equity division of tho Third District court Pridny afternoon. Tho most -interesting case, and a moat, novel one, toot that came beforo tho court, was that of .lohn R. Smith against Avilda Christonsen Smith. rWcrldcdf but No Wifo, a la Bertha M. Clay, would ho an appropriate title for the Smith case. Mr. Smith, who is 27 years of ncf testified that, ho was married in the city und county building, December 31, 1007. From tho building, ho said, ho went lo the home 'of his wife at Murray. About. U o'clock the same evening, he added, his wife went into an adjoining room and held a conversation conver-sation with her brother and sister-in-law, Later sin? j'oincd hor husband and told him sho would not livo with him because ho had not been through the Mormon temple. She also told him to go away from her and get. a divorce. Smith remained at tho houBG two days, but his wife declined lo have anything whatever to do with him, and lie then departed. "Have you been through the Temple?' Tem-ple?' ' asked Mr. "Willoy, attorney for Smith. ' ' T have not, ' ' was tho reply. "Do vou intend to go through the Temple?"' "t oortaiuly do not. ? Mr- Willoy then asked his client if he had suffered as a result of hiB wife's treatment, and tho reply "was that ho had, cruelty having been alleged as tho ground upon which the decree was prayed.. Arnold Christenscn, the brother of the bride, was then called and corroborated the testimon3' of Smith. He said that ho asked his sister on the evening in question why ftho had not told liim sno was mtonding to be married, ho not having been aware of the fact until after tho ceremony. She replied that she had felt that sho ,was alone in tho world and just concluded, to qet married. mar-ried. Later. Christenscn testified, he heard his sister tell Smith that she would not live with him bocauso he had not been through the Temple. Sho also told him to go away from her and get a divorce. "X do not beliovo you havo established estab-lished sufficient suffering on tho part of tho plaintiff lo warrant me in granting grant-ing a decree," Judge Armstrong suggested sug-gested at this point, "and if you can show it I wish you would do so." Ir. Smith was again called to the 5tnud and asked if the action qC his wife had caused him much uuffenug. "Well, it did at first," he replied, "but I am not Buffering much now. "How did it affect you at tho timc'i" was asked. "Well, I didn't sleep at all that night and was all upset. Since I "nave thought over the matter I do not suffer but very, little." Smith was also of the opinion thai his suffering hud affected hm throat. Judge Armstrong was of the opinion that the allegation of- cruelty had not been sufficiently established and declined de-clined to grant tho decree. Howovcr, additional testimony will he taken next Moudny and' it is'pos'blo that Smith may yet be relieved. Smith and Alias Ohristcnseu were married by J. U. luldredRC, Sr., and itiss Christenscn gave her ago aa 15(5, making her tho senior of her husband by nino years. William i Mcnkemaier, a former soldier, sol-dier, was granted a decrco from JTannio Menkoniaier on tho ground of desertion. deser-tion. It was evident from the testimony testi-mony that a soldier's lifo was not the lifu 'for Mrs. Mcnkemaier. as she wont away with another man. Tho two were married at Fort Idttlo Bend, S. D., in .Ally, 1888, and havo two boys, 17 and 19 years old, respectively. Tho younger boy was in court and testified for his fathor. Ho .further testified that he desired his custody awarded to his father. Tho hoy said hia father always al-ways troatcd his mother right, hut that sho refused to stay at home. w June Tracy, a dashing yonng brunette, bru-nette, was an applicant for a divorce from Owen 0. Tracy. Mrs. Tracy filed hor action Friday morning and her husband, hus-band, although be has failed to support her. was sufficiently accommodating lo waivo time in which to answer, which onabled the wife to secure her decree the same day. Mrs. Tracy testified that she was married to Tracy at Greely, CoJo.. May 29, 1904. and that ho had failod to support her for tho past eight months. Tracy, she said, was a barber and could support her if he desired. de-sired. Tho young woman's mother corroborated cor-roborated her testimony and the decree was granted. w Virginia F, Williams wus granted a decree from Oscar S. "Williams, on the ground 'of i'ailurc to support, and was awarded tbo custody of a minor child and allowed alimony in the sum of $2n a month. Tho testimony in tho case wna taken some days ago hy Roforeo Howard A. .King, und Mrs. Williaiua was not. in court. " In tho caso of Sidney JT. Davis against Edith T. Davis, in which repeated re-peated attempts havo been made to compel Davis to pay his divorced wifo certain alimony, tho attorney for Mrs. Davis wanted an order issued upon the United States Limo company and the United States Smelter company to pay the woman the aum of $58.88 owing to Davis. The attorney for tho companies compa-nies did not deny that tho money was owing, but ho suggested that if the monoy should bo paid over under the circumstances that tho companies would not be protected. Judge- Armstrong Arm-strong thought tho hotter plan would bo to issue an execution against the companies, permitting them to answer, and thus protoct them fronuhaving to pay the money out twice. This or some similar action, will bo ta"kon. A peculiar state of affairs -was developed de-veloped in tho caao of Bertha Christcn-sen Christcn-sen against Theodore Christonsen. Mrs. Christonson recently sncd hor hiiBband for divorco and secured a restraining ordor preventing him from drawing any monoy out of the hank. Christonsen rs attorney askod tho court to releaso tho order aa to a portion of tho monoy, stating that his cliont had paid .$100 to the attornoy for the wifo and that he had no money of his own. Judge Armstrong then began to question ques-tion Cnristensen and it was ascertained that, he had a little more than $1,700 in tho bank. "Where did you got this money?" nskod. tho court. "I got. it by selling a farm, and it belongs to tho children of my first wife. ;J was the reply. "How many children have you J" "Ouc, a boy, 27 years old. You sec, Ihc farm belonged to me and my wifo and whon she died I sold it." "Were you administrator of her estate, es-tate, or did you havo any authority of any court to soil the property?" "No, I .iust sold it for $3600 and bought somo property for $1300." "And you now have less than half of the saio price in tho bank?" "Yes." At this juncture Judge Armstrong said that he doubted, if tho monoy in tho bank could bo legally held to belong be-long to Christenscn and ho would de-cliuo de-cliuo to make any ordor in the caso. |