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Show im"BaWaVtVHHi 3IRS. FRAXKS' ANSWER. She UrclM ITsr HtubinA's statements state-ments and A4k for a Diiorce. Mrs .Nellie Franks yesterday filed her answer to the complaint made by her husband, ex-Deputy Marshal Franks, who sues fora divorce. di-vorce. Judge Powers U tho defend-ant's defend-ant's attorney, and her answer is as follows: r" Sow comes said defendant and auswering plaintiff's complaint on file says: First Thatsho admits that tlie plaintiff Is a resident of Salt Lake County.aud Territory ot Utah, and that he has been for -more than one year last past; and that the plaintiff and defendant were married, but adds that there is arr error In said complalnt.as to the date of said marriage. Second She admits that two children were born to said partita and that their names nud ages are correctly slate! In said complaint nud that they are both llvlngwith this defendant. Third Hhe denies that during all the time of their married Iifo plaintiff plain-tiff has conducted himself In a prudent pru-dent and faithful, manner, ever mindful of tlie duties of a husband and father, unless the Ideas of said plaintiff" ns to what constitutes fidelity fidel-ity and prudence are, exceedingly peculiar. This defendant has ad way Insisted and believed that a faithful husband leaving all others should cleave only to his wife, and her understanding of a prudent man, and especially c( a prudent husban'l, tins been nther than one who would launch his flirtatious in the face of his family, as it will lit reader apjear said plaintifl nais done. She admits that said tilnin. I Iff has been a reasonably good provider pro-vider for h's family so far as his IQ'bd us would Allow, Lut avers that the mere furnlshiug of food and drink is but a small portion of the duty of a husband; that in addition defendant has Ikcu entitled to his unbroken affection, to his protection as a husband and tl his faithful adherence ad-herence to ills marriage vows. Fourth Shedeuies that for two years last past she has without cause or provocatiou on the part of the plaintiff treated him with cruelty to the extent of causing him great mental distress. She avers .that "he Is n. Iirge. strong, U!d and healtny man, and that she isa small, frail and dclic&le woman; she denies, as alleged, that the has nil umrovernahlH tenii-r I which the lu nowise attemj ts to govern, but that she lias Iwrue and forborne uutll iatience has ceased to I l-on virtue; that the plaintiff i-j of I trench extraction nnd Is possessed of all the cxcltabihty of that race. I She dn""3 that she has cruelly accused ac-cused him, the said plaintiff; of infidelity, in-fidelity, aud has continuously accused ac-cused plalntiffof being actuated by-bad by-bad motives in all his acta, but, on the contrary, she avers that for mouths, running into years, she has been compelled to quietly endure the know ladge that the plaintiff was expending his means and lavishing his affections upon one Carrie Llnd-sny, Llnd-sny, who Iiad Usurped in plaintiff's thoughts the place n hlrh belonged to tills defendant Shu denies ttiat she ha been finding fault with everything about the house continuously con-tinuously whenever he would l present, and she denies that she assumed hysterical tits in outbursts of anger, pletchdlttg that she was dyiug. She admits that her health has been Injured nnd Hint her heart has been broken and that her nerves have liecomc unstrung nud that her life has been nnde miserable bv the conduct of the phintin", aud at times there Kenuil to be so little in this world for her to desire to live, that she has wished and prayed that this llfu tulsuL bud. Slie denies that she ever attempted to drive the plaiuthlfrom homeortlcmanded that lie should procure a divorce, or asserted that she would Unless he did. She reels that the plaintiff must have been Implied bv a sense or liuntor t" InSeM Mich a charge in Ills coniplaint, for she could no more drive the plaintiff or force him to do anything that hedid not desire to than she could carry her house-on house-on her shoulder. She denies that her conduct has been aj alleged for tlie last turo cars lilt, lu the prsitnee of strangers as well as in privacy, but on the contrary sho avers that whatevi r ill report has- come to the-phintlir concerning concern-ing Ilia marriage relation lias been caused by his own public acts and conduct She denies that her conduct con-duct 'ami abue linve become unbearable un-bearable or madu his life a miserable miser-able burden and she denie3 that by reason of arts and conduct, alleged in tlie complaint, j laitilli! nud defendant de-fendant hac not lived together as husband and wife for nearly two years, but on the contrary she avers the- truth to be and as such states the samn under solemn oath, that she and plaintiff liave lived and coliabited together as husband and wife up to the lfth day- of May, lb9J, occupying the same house, eating at tlie same table, and sleeping in the. samu bed; and defendant avers, and she verily believes that at lira present time she ts prcgiiant aud ono month advanced with child by said plaintiff: and defendant lurther adds tliat she feels justified in stigmatizing stigmatiz-ing the allegation last referred to by plaintiff as being a most unfair and cruel clnrge, beingastigma thrown ujon his own unborn child. She denies that by reason of the abuse and conduct of said defendant that the plaintlOVannot liveat home and cannot transact business because of the distress and anguish of mind caused thereby, but she adds that he is and alw ays has been welcome at home, that she has always endeavored endeav-ored to Make it pleasant nnd attractive attract-ive for plaintiff, and that until he listened to the siren's voice he seemed to be satisfied and Contented to be Willi hU lawful wife. She adds that the pblutiffbas been constantly constant-ly engaged In the transaction of business, busi-ness, aud that until his conduct became be-came a matter of public notoriety, he occupied the honorable position of deputy Uulted States marshal. rifth As to the matters staled lu the complaint, to the effect that defendant de-fendant may have the elurro and custody of the Infant chlldrcu.Edna A. and Emma, defendant desires to state to tlie court that It is her wish to retain the children, and she avers that the ulaintirr I. i . m .i proper person to have charge, cus tody and control of raid children, and Is not a fit and proper person to have charge of their education. . , . "J UtTendant denies that plalntlffls entitled to the judgment of the court dissolving the marriage rWatlon heretofore existing between the parties, and slits avers that hh complaint should be dismls-d with costs. And fora further defense and by way of crossKX.raplaInt the defendant ?iTr't, ia.t.tho has Ueu to u' Pllr-tlffakind.trueand Pllr-tlffakind.trueand faithful wife; that shehasbeento liLschildrenabvlug and attentive mother; that she has tatiently endured lhe -cruelty or the plaintiff and would have continued con-tinued to have patiently Lome the ST..!? - haa ant he U plaintiff seen fit to make his cruel. i,T? f "-a u.nJu.'f chMt "ncerning tills defendant la court ii.?eco.S?:dhe aTe '- ome-Iblng ome-Iblng like fourytnrs sgo theplaintlff ?nn ftodate In a scandalous manner with a woman named Carrie Car-rie Lindsay: that he has been frequently fre-quently wlU, the said Carrie In public and has been teen withw a all hours of the dand night called his attention to his unluTt conduct, that he has brutal"! Third-She says that on one occa-slon occa-slon beperrnUted her to vMt gS-field gS-field Beach for a Utile time one afternoon and defendant wm to "'RtoS." Lake on the 4 o'dock i111' 8Ue was aUht "me seven nwuths gone with their last child wasoWi,"10 - tU?i2l was obliged to remain until late iu Ihr evening. She took herVt In a 'dimly lighted car and while sitting there tho plaintiff and the woman Carrie passed through the car so closoastobrush defendant's elbow, although they did not see her, and they took a seat in tho front part ol tbu car where they remained upon their ride to Salt Lake City, the woman Carrie leaning her head in an abandoned aud lascivious manner man-ner upon the sbouldcrsof said plaintiff. plain-tiff. She shows also that about ono year ago be took defendant and her bahyocc afternoon to Lake Park. Defendant returned to the city before be-fore nightfall and afterward learned that Immediately the plaintiff took a train to Garfield, where he was found enjoying the saline qualities of the water with the woman Carrie Car-rie dressed In the scanty garb worn by (ordeoftbe bathers at that fashionable fash-ionable retreat. Fourth She shows that while he was engaged as United States deputy marshal vigorously enforcing the law against those who violated the marriage relations he frequently took w llh him on his excursions Into In-to the country in search cf persons indicted for unlawful cohabitation, the woman Carrie, thus bringing disgrace not only upon his family and wife, but una the government for which be was at that time working. work-ing. Firth She shows that during the pott w-Inlcr the tVoruSn Carrie being in the city of San Francisco, the pUIntlffmade two excursions tothat city, ostensibly on business, but while there he resided in the same house with her, and as defendant is informed purchased for her furniture furni-ture mid household iooJs and treated treat-ed her as if she were his lawful wife. She shows that he has cor-resjonded cor-resjonded with this woman and she Is Informed and verily believes the information to be true, that the sole purpose In endeavoring to obtain a divorce from the defendant is to screen himself from prosecution threatened by the friends and relatives rela-tives of tho woman Carrie, and to enable him to enter into tho marriage mar-riage relation with her. She shows that she Is informed that when he first began to orsociato with this woman, he announced to the said Carrieand hc-r relatives that he wa not married to the defendant, but simply living with her, aud that while the children were lib own, she, the defendant, was only his mistress. She shows that he has been with the said woman, Carrie, to the theatres of this city, and that he has ridden about tlie town with her and that he has, In disregard of his marriage vows, so conducted himself and so associated with the said Carrie that it has brought great disgrace upon the defendant and caused her intcn-e mental suffering. Sixth 3he alleges that the said plaintiff has treated her w lib great and extreme ciuelty and that he lias made her life a burden, and that he has caused her great mental pain and suffering, so that her health has become greatly impaired. im-paired. Seieuth She avers that she Is entirely without means and has no propcity with whjch to defend herself her-self and Mid children. Far these reasons rho asks that tho complaint of plaintiff be dismissed; dis-missed; that theplaintiC be directed to pay the defendant a reasonable sum pending this acllon.for her sup-Iort, sup-Iort, and that he be required to pay a reasonable attorney's fee aud the costs, and that the delendant should l allowed a reasonable alimony; that the marriage between plaintiff and defendant be disolved,and that the defendant be given the care and custody of the children until further ordor of the court. |