Show THE COURTS DECISION in the Blomster herg divorce case JUDGE CONSIDERS THE PEN THE PLACE FOR the divorce granted and alie property disposed of following is the decision of judge buddin the divorce suit of Blom vs Blom delivered last day the court will bot go into a long history of the case or state the evidence at length but simply the conclusion in my maud the facts show that this plaintiff came to this country from denmark I 1 believe some 18 or 20 years ago and as I 1 gather he knew the defendant in the old country and probably had agreed to marry her and after coming here and working awhile he sent money back to the old country to her to defray ahe expenses of her and her mother to this country and when they arrived here they married and thereupon the mother made her home them and lived there until she died which occurred bome short while since the proof satisfactorily established to the mind of the court that at within a year or so back these people barring some little family trouble that may happen in any family lived very happily together the proof shows that people both bore excellent good characters they have lived here for some time in alie city of provo and the proof is positive from witnesses outside who testified concerning it as well as from the parties themselves that they lived together in peace and happiness up to about a year or BO ago mrs schoenberg testified that she and this defendant were intimate friends and that wilhelmina limited her occasionally perhaps frequently at her home at salt lake city that she was very loud in her praise of her husband as being a kind good man and that she was greatly in love with him until the captain of the salvation army came upon the scene of action it seems that this captain got sick and that by the invitation of both these parties he was carried to their house and there grow up between them the captain and wilhelmina a love of brother and sister which it is insisted here is platonic well it may be that it is but ebo went in and held prayers with the captain in her nightgown and she sat in nis lap and divers and sundry bilings occurred which however platonic they may be in the country where I 1 came from and where human nature exists would be a very fair deduction that when a man goes and kisses another mans wife and glie sits in hia lap and goes into hiis room in her night gown to hold prayers and he lies down in bed with her is a reasonable deduction eliat her platos theory may be abandoned and something else happen of course we do not know whether it did or not but during the time that this plaintiff was in california and this man had control of alie house woman and all it seemed that the fellow thought himself master of the situation from the letters that he wrote to alie plaintiff now the court is free to confess that its idea of the way to settle a thing of that kind would be with a double barrel shotgun but still people have seen beat to settle alie matter by the more peaceable means of toe law and the facts satisfy the court that this captain of the army otherwise familiarly known as charley has crept in there and destroyed alie peace and happiness of this family taken from the plaintiff the affections of his wife and as counsel well said he is like the adder that was taken up from the frozen ground and afterwards stung ane family to death the court cannot understand why the plaintiff did not see this thing sooner this plaintiff has begged and importuner importuned this woman to come back and be his wife again then the last time he cams down to see her and the old mothe rhe brought her some oranges and wine and manifested such affection as to beg her to be his wife again and writes her to forget the past and live with him again but no here is Charley that most delectable jion of the salvation army ho has got in there and he has stolen fsr affections she finding this man her husband is a rough boro and ag mrs schoenberg staled her whole nature seemed to be altered while iier husband was formerly a good man be was now she discovered a rough bore and wonders that she ever did love him since dihe has fell in love with charley I 1 think the proof in this case establishes facts from if this plaintiff had charged adultery it would have been established lo 10 the mind of alie court the facts do establish a most inhuman and cruel disregard for the family vows by this woman and the most cruel disregard for the affections of this husband 1 could not but notice the difference between these two people this woman to the mind of the court manifested a cold stolid indifference the man sat there and cried like a I 1 child she seemed cold stolid and ant on the other hand he seemed to remember the happy days of ane past and it was wringing his heart to have her taken from him and be deprived of her who in his youth he had aiken to be a comfort th hia life as well as in his old age I 1 think so as concerned her treatment of him has been moat cruel I 1 do not see anything hero eliat shows that she is entitled to any divorce at all she said he was a hardworking industrious man they lived happily together except now and then a little outbreak that oc cured in fact she gave him a most excellent character she was in fact just a mouthpiece of that fellow thick she pimply repeated what he said When he came on the stand he reminded the court vary much that he owned the world am alie fullness thereof and that righteousness had found its climax in him he convinced the court that hp was a knave and a hypocrite but he was not a fool by any means he is one of choso individuals chief business it is to destroy and interfere with the peace of society and other people the man convinced the court he ought to be in the penitentiary rather than enjoying tha liberties of an american citizen so the court concludes that this man is entitled to a divorce from this woman they have pot no children and it is a good thing they now the court nas had a great deal of difficulty as to this property I 1 have beau studying it over since the law suit was tried and I 1 have come to the conclusion in the of the counsel for the plaintiff who concluded the argument in this case when he said that it is intended that the parties and their children and their property and all they had in the world should be in the courthouse to be dealt with as justice and right may appear that statute to my mind ia avery logical statute it is a logical deduction and what tho legislature of this territory and a good many other stales have done in making married women the same as men in holding and acquiring property and put upon an equal footing the ats band and wife the right of owning selling conveying and encumbering their estates the same as if they were not married aud the statute irtys that the court shall make such disposition of the children and property of the parties fc i being equal in the ownership in property and having the same rights as to the disposition and acquisition of the prop erty and the court being compelled compell fd to dispose of the children to the extent of their support and maintenance it ii i i but a logical deduction that the court should have a right to dispose of the property bow the court has come to tills conclusion about this matter thit this woman shall have a home on this property and in this house for life or until she marries some other man if she doe then her in property is to cease the title of the property is in the plaintiff he in to have a home in this property and anae unless he carriea some other woman nd if lie does alien hia right for life clasps at the death of Wilhelm inathe property ia to be the property of the and his heird absolutely and in fee simple in the meantime lie is to discharge the encumber ances and pay taxes that is about the best the court can do with it and you may draw UD a decree in accordance with if the cots co ts of this case will have to bo paid by the plaintiff you may take an injunction perpetually petua lly enjoining charles from going to that bione or upon eliat place while lives there we will try to keep him away mn BOOTH your honor I 1 desire to have an objection noted to the judgment COURT the exception will be nulen |