OCR Interpretation


The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, November 27, 1875, Image 4

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82015418/1875-11-27/ed-1/seq-4/

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GO TO THE FOUNTAIN SALOON,
FORT STRFEf,
K. 1. KII1RV, .......
PROPRIETOR.
nnm ' L' l i'
noun, ti.OU PER
.m M'JL fr.,m
v- o clork A. M. to 9 r. M
ICR- CCKAH, ICED SODi,
a
tI(-ER POP, if..
ixl ail thing, that the Lukrl furoi.hrt. i,,
u?
rflfLK! MILK! MILK !
FROM TUB
WELL KNOWN JHJUNUl DAIRY !
rpr3 THE I XDKRSICXEl) IUVINC
t"""'""'i "it w-.l known i,ra of Ml I -CI I
COWfS from Mr. J.
Kichanlmo, anl alio
lfd the Lands known a the
latTTTIsriJI MILTC RANCH!
II- i r'f'P'f'l l" famiih to curtoaiTt
PI RK FRESH J1ILK, 1 QlAYnTIES TO SI IT !
AT
3T3t CoutN por QUiVriT,
ITLLMKA.-tKK GL'ARANTKED,
And Dflirrrril la tbe Hraln and tfterBOou !
J y T.. Ur ruiKwn, och a IMH arl K, -t.urar.t In p
'"t" War, Ac, be will luake Special Contrary, at
W PRICKS.
r.l-r rleo to Jb. who ha rharpe c.f the Milk Van r,r
Wl at tt. Internaliruii liotrl, will I .rnmptly at-nIM to
AKOMJ. Vn.yru U.r.
yl
em
1875.
1875.
SOr.lETHirJG WEW
SAVE YOUR MONEY.
rMI
E
t'XDKRMICXEl) HAS
AM) FOB, BALK
OX HAM)
t E.
u
EXTRA No. I
fa 12 12 Lb.
Kills, 2U Lb. Kill- and 2
Lb. Kill.
Full weight, thoroughly packed. warranted to keep
weet anJ good. PRICES FAR EE LOW ANY
XtflNO OF THE KIND IN THE CITT.
ALSO
IBIS. COLUMBIA RIFER SAUIOJ .!
SEASON 1875, No. I,
TOO LBS. Each, at Equally LOW PRICES.
ALSO, A FEW DA II R ELS
C. R. SALMON BACKS !
. X. 1 Extra, Seaaan 1875,
Tot JIaaarrJ Paaarfa Enrh nt !I.OO.
' " T " ALSO
A Few Bbls. C. R, Salmon!
'. 1. 200 Lba. catfe, Srnnaa 1871, al
I he Law Price ( 9.
t2T Bujers are respectful! requested to call ami
emmine for themselves. Tt.
tT Ot&rt from the Tnuie, City, aaJ Inlands grnrrally
riftfnUy aoitcitej am promptly flllnl.
E. C. M'CANDLESS,
riSH MARKET, STALLS Ai 3.
is si
SOMETHING
WORTH HAVING ! !
A THING OK BEAUTY. IT IS SAID, IS
a joy forever, anU if Ctoesa it the naeniial Mea of
beaaly, a we maintain it 14, the fKWINU M ACI11NK
with one of tb
PATENT WATER WHEEL
ATTACHMENTS !
U me of lh most beautiful things in the worhl; nothing
Mt the whole range of modern invention being bettor aJaUed
to relieve bamao dradgrry or fitter tor the purposes iatemletl.
The t'adrraigard are Sprrinl Agrnt mr
BELLIES
UU1UU1V
! THE DOMESTIC "
. IVDICH 13 THE
BEST SEWING MACHINE IN USE!
SO POINTS Or Sl'PERIORITV 1.
For Particulars see Circular.
WE ARE PREPARKO TO FURNISH THE
PATENT ATTACHMENT:
Va Any of the machines now in use, which will run them perfect
ly without the leaat exertion on the part of the operator. These
Wla are made here at th BRASS FO UN 1R V, are
luperior ta tboie tanportcd, and mnd for iesa money.
snr oe ixd Yor will be coxvixced i
It la a well known fact that the ill health of thousands of
wemen and Rirla, can be traced to the exertion required to
ran Sewinff Machines by Coot power. A word to the wise is
Qflrieut.
- - DILLINGHAM Si. CO.
. A FEW BASKETS
' OF THE CELEBRATED
Piper Hcidsicclt
- QUARTS AND TINTS,
Juat received per D. C. Murray, and for sale by
.ng 3 II. IIACFKELD & CO.
SHIP CHANDLERY!
ship OPorvERiES.
WHALE BOATS,
BOAT STOCK,
FLOUR AND BREAD,
COTTON DUCK,
HEMP AND MANILA CORDAGE !
A.c.
JLc.
Sir,
AT LOWEST RATES BY
A. W. PEIRCE & CO.
Brand's Bomb Lances,
Perry Davis Painkiller,
Puuloa Salt Works.
INVOICE OF AMERICAN CLOCKS !
OR
SALE al SAN FRANCISCO PRICES.
M 3m
11. UACK.bl U V v.
Cedar Boat Boards! .
PER CETLON. A FEW THOUSAND FEET
pjaned on both .id., and rery wperior qtial.ty.
For tale ty (anH) BOIXfcMcu.
C. BREWER 6c CO.
OFFER FOR SALE
-PER
BARK CEYLON
JUST ARRIVED from BOSTON
1SKS ( I MliKltl.l Nl COAL.
NKW I'.Y.bftJHU Oil. Ml'MiK..
I LACK TAINT, IiAUKKI.. KosIN,
Iirill:. ANI SIHiKtj?.
SWEDISH IRON, REFINED IRON
lU.un.l and KI.it.
N. B. PILOT BREAD in casks.
Parker House ?rlUl,.( Ilunt'a Axes.
Iron Hubb Wheelbarrows,
Ta o a t li o r X3 oltiug,
Uivet, assorted sizes.
Rubber Packing,
Fence Wire, Nos. 5 & 6 !
Rubber Hose Iow, 11 inrh, Trnss Wire Seives,
Cedar Boat Boards, B-t Caustic Smla,
Cases Downer's Kerosene Oil, Pine Shooks
" ault
Columbia River Salmon !
JIST It EC El V K D PER
1:1 KU in barrels and half uarrcls.
nul4
.1. A. FALKIX-
For s-le bv
C. BKKWfcK ft CO.
Knowles' Patent Steam Pumps !
C Brewer & Co.,
SOLE At. KYIS FOR
TIIK HAWAIIAN
WILL
ISLAXDS
Receive per Syren from Boston
OK THE ABOVE
Celebrated Pumps, from No. 2 to G
AND ARE READ V TO RECEIVE OR-
l ui-.Kfl lor any or the pumps of tins make to be forwarded
overianu u necessary,
1IOILER FEED PUMPS.
SVRCP PUMPS,
DISTILLERV PUMPS,
VACUUM PUMPS,
Pumps for Hot or Cold Water, Salt Water
Pumps.
Iricra and other information pivon by
aull C. BKKWKK ft CO., Agents.
AT THE OLD STAND
CORNER OF
fort &, iji:i:iv STS.
WK AUK f'KKl'AKKU TO OFFKll AT
LOW RATES FOR CASH I
and on Liberal Terms for Approved
Credit.
Ha U EE IB 33 EL
AND
BUILDING MATERIALS!
OF
ALL DESCRIPTIONS!
COMPRISING
IUTHLV WEST
Timber,
Scantling
Boards, Battens,
Pickets and Laths.
REDWOOD
Timber,
Scantling,
Boards, Battens,
Pickets, Lattice,
Posts, sawed and rough
Surfaced Boards and Plank,
Rustic Siding, Clapboards,
Moulding, &c.
Eastern Clear White Pine!
1 in. 1 in. I in. and 2 in.
EASTERN DOORS--Raisol, rand,
1 mo. 2 mo. anl Sash.
Eastern UDpainteJ BliaJs,
Eastern Glazed Sash.
CALIFORNIA DOORS-RaiseJ, Tanel, 1 mo.
2 mo. anJ Sash
California Tainted BlinJs. Calx GlazcJ Sash.
Hubbuck's. Zinc and Lead I
Scotch Zinc and Lead.
PAINTS AND PAINT OIL!
Turpentine and Tutty, Varnish, Taint and White
wash Brushes.
CrLASS. all Sizes!
Locks, Butts. Hinges, Bolts, Window Springs,
Hooks and Ejes.
WALL PAPER
AND
BORDERS
English, German and American, in great variety,
at Low Kates.
ALSO
Salt at market rates
3
WILDER & CO.
l 7
McEWAN S PORTER !
JVST ARRIVED, IN STONE JUGS. (.
and iintt. (977 1 For Sale b, CI1A3. LONli.
- K ' - t -kmj-ji ' ,ml.mm
THE PACiriC
(Commercial Slbbcrtisfr.
SAT V It DAY. XOVkMHEIt 27.
Brighain Young jHust Pay Alimony to
Ann Eliza.
OriXION Of tlllE JLT1CK MCWEAN.
This is an action for divorce, and the j laintilT
moves for alimony and sustenance j-endrnie lit''.
McKeax Or, J. In her complaint "the y-!ain-tifl'
alle", am'ing other thing", that she was
torn at Xauvoo, in t!ie State of Illinois ; that
b)t- n tw, and liaf l-een continuously since the
y.ii l-4, a rtidnt of Suit Iake County, in
tiii Tt int ry; that on the fth day of A" Til,
ljC, ?!: at d the defendant, llrigham Voung,
iiittrui irri 1 ;it that county ; that ever since then
the h.ia h.j n, and is now. the wife of the defen-
J.iLt: ttiat at tue time ot eaid mrirna?o ehe was
in the twenty-tifth year of her ng. and the !
mother of two children, the issue of a farmer !
marriage; that those children vrcre rgl, one i
four years and the o her two years ; that neither
the nor her children had any estate or patrimony ;
whatever, and that they were entirely doj.ndcnt j
up.n her f.r their nurture and education; with j
all of which f;icts the defendant was well ac- J
iuainted, and of which he had been informed
prior to the said marriage ; that sai l children, ;
hoth of whom are hoys, arc still living, and, from :
the time of her marriage to the defendant, have ;
hetn continuously, and arc now, under her cus
tody, and with no means of support except such j
u hhc can provide; that for a period of about j
one year alter his marriage, the defendant lived, j
and cohabited with, and acted toward the plain- )
till" with some degree of kindness and attention, j
and during that time contributed to her mainte
nance and the support of her two little children,
not, however, in a manner proortionate to his
means or to her station in life ; that during all
the period mentioned, and ever since then she
has discharged with fidelity all the duties and
obligations incumbent on her as a married wo
man, and uniformly treated the defendant with
the utmoet tenderness, ever mindful of her re
sponsibilities as a wife ; that about a year after
his said marriage, for some cause or motive un
known to the plaintiff, the defendant, regardless
of all his marital obligations, commenced towards
her a systematic course of neglect, unkindness,
cruel and inhuman treatment, ending in an abso
lute desertion of her, and forcing upon her the
conviction that the defendant no longer enter
tained for her the slightest feeling of affection or
respect, and had altogether withdrawn from her
his support and protection.
To sustain these allegations, the plaintiff states,
in detail, many facts and circumstances, among
others, that the defendant has failed and refused
to furnish her with necessary food and medical
attendance, or the means to obtain them, and
prays that by the final decree of this Court the
defendant be ordered and decreed to support
the plaintiff and her children, and that the bonds
of matrimony between the plaintiff and the de
fendant be forever dissolved ; and that during the
pendency of this action the defendant bo ordered
and required to pay alimony to the plaiutiff, for
the maintenance and support of herself and chil
dren, and sustenance to her solicitors and coun
sel, &c.
This complaint, which is verified, contains all
ncc.fisary averments, and sets forth a complete
cause of action under the statute of Utah. Were
its allegations all admitted, the plaintiff would be
entitled to the relief prayed for as a matter of
course. JJut the defendant has interposed an
answer, under oath, admitting some and denying
some of those allegations.
The defendant fir6t qualifiedly denies, and then
qualifietlly admits, the marriage of April Gth,
18G3. His denial is as follows :
" Now comes the said defendant, llrigham
Young, and for answer to the bill of complaint
of the said Ann Eliza Young, plaintiff, denies
that on the sixth day of April, 18GS, at the
County of Salt Lake, Utah Territory, or at any
other time or place, this defendant and the said
plaintiff intermarried, or that since that time, or
at any time, the said plaintiff has been, or that
she now is, the wife of this defendant, on in
formation and belief, alleges that before that
time to-wit ; on the tenth day of April, 18G3, at
Salt Lake City, Utah Territory, the said plaintiff'
was married to one James L. Dee, who is etill
living, and that ever since the said tenth day of
April, 18C3, the said plaintiff' has been, and, on
the said sixth day of April 18C8, was, and still
is, the lawful wife of the said James L. Dee,
never, as this defendant is now advised and be
lieves, having been divorced from the said James
L. Dee. But this defendant further says, that on
the sixth day of April, 1868, and at the time of
the ceremony hereinafter referred to, he was in
formed, and then verily believed that the plain
tiff had, prior to that time, been legally divorced
from the said James L. Dee."
The defendant's admission of the marriage is
as follows :
" But the defendant says that he and the said
complainant were, on the said sixth day of April,
18G8, members of the Church of Jesus Christ of
Latter-day Saints, and that it was a doctrine and
belief of said Church, that members thereof might
rightfully enter into plural or celestial marriage.
And the defendant admits that on the sixth day of
April, 18G8, at Salt Lake City, Utah Territory, in
accordance with and pursuant to the said doctrines,
customs, and belief of the said Church, a ceremony
was performed to unite the plaintiff and defendant
in what is known as such plural or celestial mar
riage." But tbe defendant denies that
on the said sixth day of April, or at any other time,
he and the said plaintiff intermarried in any other
or different sense or manner than that above admitted
and set forth."
It is an anomaly in pleading to deny that a certain
marriage took place in 1868, "or," or because,
certain other marriage took place in 18G3. An ar
gumentative denial, like this, is not good in law.
Ihe plaintiil s allegation, not being specifically de
nied, is admitted. Utah Practice Act, sec. Go.)
What does the subsequent express admission amount
to?
"Where the admissions In an answer negative its
general denials, the latter may be disregarded and
judgment asked upon the former, when the complaint
is verihed, and the answer consists of such admis
sions and denials." (Fremont el al. v. Sealt el al.
18 Cal. 433; Blood v. Light, 31 Cal. Fish v.
Redington. Id. 18o.) "Aeworn answer must be
consistent in itself, and must not deny in oae sen
tence what it admits to be true in the next. " The
object of sworn pleadings is to elicit the truth and
this object must be entirely defeated if the same fact
may be denied and admitted in the same pleading."
(Hensley v. Tartar, li Cal. &U8.) The defendant's
qualified and defective denial of the marriage of
April Gth, 18G8, is consistent with his subsequent
admission that the parties were intermarried on that
day. Qi4 the defendant mean to hint what he did
not like openly to say to the Court, that a marriage
celebrated by authority of the " Church " of which
he is the acknowledged head, is illegal, null, and"
void ? Let us inquire whether a marriage solemnized
by such authority is necessarily void.
n ordinance first enacted by the so-called tate
of Ieseret, and afterwards reeaacted by the Territo
rial Legislative Assembly, entitled, " An Ordinance
Incorporating the Church of Jesus Christ of Latter-
Day baints, ' provides : "bee. 3. And be it further
ordained that as said Church holds the constitu
tional and original right, in common with all civil
and religious communities, to worship God according
to the dictates of conscience; to reverence commu
nion agreeably to the principles of truth, and to so
lemnize marriage, compatible with the revelations
of Jesus Christ, for the security and full enjoyment
of all blessings and privileges embodied in the reli
gion of Jesus Christ free to all, it is also declared
that said Church docs and snail possess anl enjoy
continually the power and authority, in and of it
self, to originate, make, pass and establish rules,
regulations, ordinances, laws, customs and criterions
for the eood order, safety, government, convenience,
comfort and control of said Church," &c. i
It may be laid down as a sound legal proposition,
that a marriage solemniied in Utah, either according
to the forms of the "Church" of which Brighain i
Young is the head, or according to the forms of the j
common law, is a lawful and valid marriage, pro- ;
vided the parties to the contract are, at the time of j
entering into it, legally competent to intermarry. i
But the defeudant seeks to avoid the binding force i
of his admitted marriage to the plaintiff on the Gth j
lay of April, loi, by alleging, in ellect, that t
neither of them was at that time competent to inter-
marry with any persons Not only does he allege
that the plaintiff was then the wife of James L I'ee, I
but he further answers as follows : j
"And the defendant further answering alleges,
that at the town of KirtlanJ in the State of Ohio, on i
the tenth day of January, 1834, this defendant,
being then an unmarried man, was duly and law- j
fully married to Mary Ann Angell by a minister of
the gospel, who was then and there, by the laws of
said tate, authorized to solemnize marriages; and
that the said marriage was then and there fully con
summated; and that the said Mary Ann Angell, who
is still living, then and there became, and ever since
has been, and still is, the lawful wife of this defendant."
Thus -los the dt.'cfcdiLt not ol!j charge the
r!iitij with, tat cvLfeses hlaiielf gailty cf a fclouj.
His admissions, so far as they j rejudice himself oc'y.
mill Le iaken as true; Lut fcta chsirges, aa ftr as they
tct 1 to trj jre the p!iictiS, ir.ust L proved cr they
go f.r nia;ht Tl.e J fetylact must rrove that
the jlainliJ a the wiftf tf another mnn. and tht
he w.e h:ai!f the habaud tf another wcraia on
the C.h Jar of Aprd, cr hi aHertkns to tht
tfTect can have no veigbt as against the plaintiff.
There is to replicaticn to an answer under the
Tractice Act cf lth, end these allegations of the
defendant are denied for the plaintiff by operation cf
law. "Every material allegation cf the complaint,
when it is TerifiH, tot specifically controverted by
the answer, shalf for the puipose of the action fce
taken as true. The allegation of new matter in the
answer, shall, on the trial, be deemed controverted
by the adverse party." ( f'tja Practice Act.ttc.
C ) "The intention of the Code is to adopt the
true and jast rule that the defendant must either
deny the facts as alleged, or confess and avoid them.
W ben new matter exists it must be eUtea in the
( answer. ew mUter is that which, under the rules
of evidence, the defendant niut affirmatively estab
lish. If the onus of proof is thrown upon the defend
ant, the matter to be proved bv him is new matter."
(Piercy r. Subin.Xd Cal. 22.) The allegations
that tbe plaintiff had another husband, and the de
fendant bad another wife at the time of the marriage
on the Gth day of .April, 108, are allegations of new
matter, and this new matter the law denies for the
plaintiff, and requires the defendant to prove.
It being admitted that the parties hereto intermar
ried at the time and place stated in the complaint,
evidence is necessary to determine the following ques
tions :
1. Was tbe plaintiff, on April Cth, 1SG8, the wife
of James L. Iee?
2. Was the defendant, at Kirtland, n the State of
Ohio, on the 10th day of January, 1834, lawfully
married to Mary Ann ngell, and was the said Mary
Ann his wife on April Cth, ISA 8?
3. If these questions shall be determined against
the defendant, it will then become an important ques
tion whether the defendant has treated . the plaintiff
unkindly, cruelly, inhumanly, or has deserted or
failed to support her; which, in his answer, the de
fendant denies. If, however, the first two questions,
or either of them, shall be determined against the
plaintiff; or, in other words, if it shall appear that
the parties knowingly entered into a polygamous or
bigamous marriage, this Court will not grant the
divorce prayed for. But the Court is not permitted
to presume what the evidence will be. The witnesses
necessary to maintain or to defeat this action are lia
ble to be widely scattered in Utah, in Ohio, or else
where; and the litigation is liable to be protracted
and expensive. Can the Court lawfully require the
defendant to pay an allowance for ad tnltrim alimony
and for the expenses of prosecuting the action T
The Utah statute is silent upon this question, but
that silence does not answer it in the negative
" The allowance for ad interim alimony does not de
pend wholly upon the statute, but upon the practice
of the court as It existed before the statute." lJorth
v. .A orA, 1 Barb. Ch. R. 211.) In Cast v. Cast, ad
interim alimony was allowed by the unanimous deci
sion of tbe Supreme Court of L tan.
" This question seems plain on principle. Firef,
the authority to make the order belongs to the Court
under the law imported by our forefathers to this
country; secondly, if this were not so, still it springs
up necessarily out of the legal relation of the parties,
and the condition of facts appearing of record before
the Court to which tbe application is made. And if
any one principle of our jurisprudence is more
worthy of commendation than another, it is, that
the tribunals may always be pressed to action when
ever the case comes within established legal rule,
though not within any precedent" (2 Bithop on
Marriage and Divorce, tec. S'JG. ) Chancellor Kent
says : " I am entirely convinced from my own judi
cial experience, that such a discretion is properly
confided to the tourts." (2 Kent Com. 9'J,note.)
" The power to decree alimony falls within the gen
eral powers of a court of equity, aud exists inde
pendently of statutory authority." (Gallaud v.
Galland. 38 Cal., 2G5.)
Is tbe case at bar, as it now stands in Court, a
proper case for the exercise of this authority T
Bishop supposes the case of a woman marrying a
man and afterwards finding that he " has already
another wife living, and so tbe marriage is void.
She may indeed treat it as void without a judicial
sentence; yet suppose, that, instead of this, she
brings her suit against the man to have it decreed
null. Her property is practically in his hands,
though in point of law she retain the title. But
since she has elected to let the Court settle the ques
tion of nullity in a direct proceeding for this pur
pose, she has the same claim upon the Court to have
appropriated to her so much of this property as her
necessities demand while the suit is going on, as
though she alleged the marriage to be valid, and
sought its dissolution for a cause occurring subse
quently to the nuptials. In like manner, where the
man seeks to establish the nullity of his marriage on
the allegation that the woman has a former husband
living, she may have alimony pending the suit, and
money to defend." (2 Bishop on Mar. and Div.
sec. 402.) "And this is so, even though it is alleged
that the marriage was brought about by the fraudu
lent practices of the supposed wife, and though the
costs of the suit may ultimately be awarded against
her." (Id. vote 2.)
In a case in New York, in which the supposed wife
alleged marriage and cohabitation, the supposed hus
band denied tbe marriage but did not deny tbe co
habitation; and thereupon Vice-Chancellor McCoun
made the allowance of temporary alimony, and
money to carry on the suit. (id. sec. 404.) In the
case at bar the defendant both admits the marriage
and fails to deny the cohabitation.
" Where upon an application for temporary ali
mony and an allowance for expenses, the facts undis
puted are such as that from them a presumption
arises that the parties were married, so that the
affirmitive rests upon the defendent to repel that pre
sumption, the Court has jurisdiction and power to
grant the application, although marriage, in fact, is
denied." (Brinkley v. Brinkley, 50 V. Y., 184 )
" The ad interim alimony and money to sustain
the expenses are given, not as of strict right in the
wife, but of sound discretion in the Court. Yet the
discretion is a judicial, not an arbitrary one. And
when a case is brought within the principles recog- j
nized as entitling the wife to the allowance, the
allowance follows pretty much as of course, without
inquiry into the merits of the case. If, for example,
she is plaintiff, it is no objection that the husband
denies her charges under oath." (2 Bishop on
Marriage and Divorce, sec. 406.)
Owing to the peculiar notoriety of the parties, and
to the importance of this case in the jurisprudence of
Utah, it has been deemed desirable to show, even at
the risk of being elementary, that this case comes
clearly within the principles universally recognized
as giving a woman who is a party to a suit for
divorce, a just claim for alimony and sustenance;
" the one being for the defraying of the ordinary ex
penses of the wife in the matter of living; the other
being for the same purpose in respect to the matter
of the suit." (Id. tec. 387.)
It now becomes important to inquire what princi
ples must guide the Court in fixing the amount of
the allowance in this case.
" As a general proposition, the fund out of which
the wife is entitled to her alimony is the income of
the husband, from whatever source derived or de
rivable." (Id. sec. 447.)
" The ordinary rule of temporary alimony is to
allow the wife about one-fifth of the joint income.
This is regarded as a fair medium, though
the proportion will vary according to cir
cumstances. When the necessities and claims of the
wife have been large, one-fourth has been allotted;
and Sir John Nickoll, in one case granted
the wife JS-jO per year out of an income of 140
On thf mhpr hnnd. in different and peculiar
i " X
j circumstances, the wife has been obliged to accept
I as small a proportion as one-eighth." (Id. sec.
4G0.) " Alimony pendente lite is usually made, by
' the terms of the order itself, to commence from the
i return cf the citation. This is the true role.
! But it may be maJe to commence earlier or later."
1 (,. sec. 424 ; Burr v. Burr, 7 Hill 207
j The plaintiff alleges in her complaint " that the
: defendant was, at the time cf her said marriage,
i ever Eince then hat been, and is yet, the owner in
! his own right, of vast wealth, amounting to several
! millions of dollars, and is in the monthly receipt of
i an income therefron of not less than forty thousand
' dollars;" and she prays for an ad interim allowance
1 of one thousand dodars per month.
j On the other hand, the defendant " denies that he
j- is or has been the owner of wealth amounting to
l several millions of dollars, or that he is or has been
I in the monthly receipt from his property of forty
thousand dollars or more. On the contrary the de
fendant alleges, that according to his best knowledge,
. information and belief, all his property taken to-
getber, does not exceed in value the sum of six hun
i drei thousand dollars, and that his gross income
from all of his property, and every source, does not
! exceed six thousand dollars per month."
! "And the defendant denies that one thousand
: dollars, or any ot'aer sum exceeding one hundred
dollars per month, would be a reasonable allowance
to the plain'iff, even if defendant was under any
legal obligation to provide for the maintenance,
education and proper medical attendance of said
plaintiff and her children during this litigation."
Under all the circumstances of this case, it seems
just that the defendant should pay to the plaintiff, to
defray the expenses of prosecuting this action, the
sum of three thousand dollars; and that he should
pay to her. for her maintenance, and for the mainte
nance and education of her children, thefurther
sum of five hundred dollars per month, to commence
from the day of the filing of the complaint hcreirw
It is ordered accordingly.
Bets are made in London that the Prince of
Wales will be assassinated before his return from
India. Pleasant speculation!
J. S. CURNEY,
tOM(TI, TOBirro IM Blllim MLOOV
No. li uur.a Slir-rt, 1 Joc-fa K rg
I'lJiMllfrft
M the rr,Ec.
Ji tmra t HIM).
H. HACKFELD & CO..
EXPECT TO RECEIVE PER
GERMAN BARK CEDER,
SHKTLY M E FUM BUKUES
(
A WELL SELECTED CARGO
OK j
EGL1SII. GEliM AV & KHEMH (iOOfis!
(taUtiug ia Tart af the IoIUhIe-:
A Full
A"orliiient f
iind desirable
Print, j.11
stjb' new
pattern.
While Collou. Horn.ck'ti White Long CUilh,
Coll-ill. HorrockV White Long
A. 11. and 11.
Brown and Blue Cotton Drill, Brown Cotton
Blue C Uton, Heavy IVniiiiK, Hiekury Siripes
Bed Tkkiug. Turkey Bed Cotton,
Blue Flannels, White Linen, assorted widths
and qualities,
Water proof Cloth, White Moleskin,
Fint French Merinos, Beps, Buckskin,
Fine Cassimeres, Black and Blue Broadcloths
Mosquito Netting,
Linen and Col ton Sewing Thread.
Altutubra Bedqiiilts,
A Splendid Assortment of Clothing
Fancy Flannel Shirls.
Denim Jumpers and Overalls,
Fine Merino Undershirts,
Merino Socks,
Cotton Socks and Stockings,
Silk, Linen and Cotlou Haiidkerrhief.
Heavy Bhtnkels,
Fine Silk Umbrella.
Linen Sheeting.
Assorted Burlaps and Woolpark, Sail Twine
Imperial Navy Hemp Canvas, No. Oil to G,
Hair and Cloth BrusheH, from J.(I.nell X Co
Fancy Soaps and Hair Oil.
Shawls, l'onchos, I'laids, Needlework.
Imitation Jewelry,
Lockets, Kings, Chains, Ornaments,
I. A 1. Knives, Scissors,
Corkscrews, Tinned Spurs. Axes,
French Calfskins,
Wrapping and Printing Paper,
A VERY FULL ASSORTMENT OF
GERMAN. ENCLISH & FRENCH
Orooerios.
Stearin Candles, Ultramarine Blue,
Epsom Salts, Castor Oil,
Fence Wire, No. 4, a and C,
Galvanized Iron Pipe, j and 3 inch,
Hoop Iron, J, J, 1 aud 1J, inch, Rivets,
Paints aud Oils, White Zinc, White Lead, Ac",
Caustic Soda and Palm Oil,
Hide Poison, Market Baskets,
Brooms, Casks and Barrels,
Casks Blacksmiths' Coal,
300 Tons Best Steam Coal,
Also a few Music Boxes ,V Regulator Clocks,
A Fine Assortment of Havana Cigars,
English and (Jerman Ale,
Bavarian Beer, in qts. and pis.
Champagne, ltuinart pere and fils, qts. Jfc pts.
Champagne, Heidsieck fc Co., qts. and pts.
Champagne. Thoreau, qts. and pts.
Sparkling Hock,
Rhine Wines, Claret,
Gin, in green boxes,
Samples now Open at our Office, and Sales made
to Arrive,
T" Orders from Other I.-lands Filled.
H. HACKFELD &CO.
Have Just Received
-PER-
HAW'N BARK R. C. WYL1E
FROM LONDON.
THE FOLLOWING GOODS
WHICH THEY OFFER FOR SALE.
JROCERIES, lit CUt t'K'S PAINT OIL,
White Zinc. White Lead,
Yenetiun Rd, Yellow Ochre,
Caustic Soda, C. C. Tin PUle, Sheet Lead,
Sauce Pans, Tea Kettles. Sheet Zinc,
Galvanized Tubs. Fence Wires,
Refined Iron, White Bros, Portland Cement,
Gunny Bags, Burlaps Bags,
Printing Paper. Petroleum Barrels,
New Oil Shook?,
Yienna Furniture,
Boutelleau & Cos., Brandy, in glass, one to
four diamond,
Boutelleau &. Cos.. Biandv in Casks,
Gin in Cases.
Norwegian Ale,
Cordage.
Window Glass, Ac, Jtc, Ac.
FIREWOOD! FIREWOOD ! !
L1ROM EAST MAPI.
L1 uiO
FOR SALE R
liOLLKS At
CO.
FINE MANILA CIGARS,
1
NEW INVOICEOF VERT SUPERIOR
4 or Ml ri
For Sale by
dim-t (roin Manilla.
o3u '
poi.i i:j at co.
CALIFORNIA OAT HAY,
E EIVED PER D.
C. Ml'HK A V AND
For Sale by
BOI.LE3 4- CO
HsRY BELLE ROBERTS
oiiO
MEW
GOODS,
.f.ATl-:srr AKHIVAKS
Xnsvo ile :iiii:i, Viiy at .llelhoiiriu. II. C
!Iurr:iy , aiitl S3 mi, Uy
A
,
K KIN K I IVMIItl'M K NT Ot -t I N I IN III M II k I', t , l'l.4l Ol.OHO
I f hi !! dik ol n'-. l .' !.. tro.n( 1'ii.t. W li ! M -. W ,u (mi.h. pbrttiaf.
4 rpTuc iortiBi.l J W i. rjirtJ.. oil I I c u n
Gontloinon's Wofvr !
FINEST UI.ACK HKO IK'I.OT II tll IMIKMI. til, WOlll. T KKKS UIIITIC
AMI III IT I.I.NEN PICK . FIF. WHITE M(H.lil. FINEST WIIIIE
M AHSF.Il.I.E" V F.STI CJ. I.I N F.N r.T I I FFV IIIIOWN I.INEV
l II I
AIt RKCFIVKII riK-jr Wj. I Hv,r)iirt, C.sl-n t'n.l. r.lort.. ir. W.- Ilm.n.1, in rv, M. ,1mm )VrM fWniwS
A Trw Piw io. . 9 n.l 12 sKV tit K HKlH liUAIN KtlHoNS. Mill lirr. Knuu l.)-r ll Cta.fc,
All Uarn Nkm. Jl Cf:. MiquiU eUiiC. Itlue FUi.i.. I. 4 I- I'INF. III,4('K 1.4 MA I. ICE
Ml XV I.S. TM- lumi.k. Iwia. Vril liar?. . IH.rk Hair r..lh. M. 11. n .l. Ac
Aljs,( t Jirllon't Ci'klil-I Anawti-J I'll,-. Hal. Iiall foiekl rr-iu rtail '!, 3.1 I'm mn4
lmh, awrt.Nl ir. Rilti'R HONS O'l.MiK A I U fl'TI.MlV -.-...... T. K lul l.r .a. I T.fcW
Kmvr, a few rt. of thHr ! X.I'T I'lalrJ Kflr; ttrllf timt i . T ! I i h tmii-.l, IVarl VrH aiul
J-hirt Boit'm. twal qaalilic l"ih an.l fJ IJtir in tr.1v. M.-arh.sl an. I I'nlka. I.rj, Caul Huri U t l.aJte-a,
Carry ami Mane t' ml', Itckhi f. 4 t. n, 10 It fW. ' Tu. krr Hall. hmgf, ll.am.4. r-k in., la
Krlll- 3 aixl S quart. lal au-il W.ih !.in. tialtaiersl Tut. li lo in T II .. . It tw M.I vara
NwJlrr HEsr ANNEALED (Ml TIUIUH Na. FEM'INU Willi'. IUMmkV ;
lloilrj aittl Raw LinaW Oil. linbtwrk'a M l,i(r 7jik au..l la-l. A.irt--. I'a.uH dim tut Or aioJ Umi. Vhm.
t'rvain Tartar, INir VI hit Castile K..p. ar.lln., l r. ii.-li ll.., V ! tM.rr. WUiWif and t'haik. lt-.a, I S 4
anj '2 inch; Ov " 4. A ami Pan ri.ra. a:lr t i.l '.M Il... I ilri I'.utiK, itarr.iaa, I'ulKvalur awl lluca
Hon, llOWNEKVS K KUOMCN E Ol I. Il K EC V IKUM mMK O.iUl'ASI, Inh'i
Oil. g-otkl ami chrji. ,
. i
Alto on Hand. A General Assortment of Agricultural Implements!
A FEW DOZEN WAUO A PAYNE'S C'EI.EIilt ATEI N. US SIIKEI MIEAHM, THE
1IK.-T yl At.ITV MAPK.
The alov with many olher artwl to I IunJ at LOW T I'MCM, al , ,
971
FEOWDE
VIBE -! !
PI7IT
tm
ISOS. 4, 5, n nd O.
O-alvaxiizcd Corrugated BLooQxig ! r
HUIIBI'C'K'S IT KE WHITE ZINC? AM" LEAP. IlllllM C'K'S IIKT PAI.K
IIOII.EO LINSEED OIL. .-,
A FINE ASST. OF SHELF PAINTS, ALL COLORS
TURPENTINE, VAHNISIIES. PAINT
EK'M HARD W A II E,
a noon stock
IMPLEMENTS.
Will be Sold sit
By
ocSO
LUMBER, LUMBER !
LEVERS AND DICKSON
AT THEIR OLD STAND -
ON
Fort. King and Merchant Sts
HAVE ON HAND AND FOR MA LE,
NORT WEST
Boards, Flanks and Battens.
Nor West Tongued and Grooved Boards,
Nor West Surfaced Planed Boards
13 X "7V O O
Rough and Planed Boards.
Redwood Battens and Clapboards,
Redwood Tongued and Grooved Boards,
VHITE CEDAR
AND
REDWOOD
SHINGLES!
DOORS, MOWS AID BLUBS!
Nails, Locks, Butts and Screws,
OIL, WHITE LEAD, ZINC PAINT.
Turpentine, Chrome Green,
Paris Green, Chrome Yellow,
Red Lead, Black Paint. Varnishes,
Burnt and Raw TJmber,
Venitian Red, Yellow Ochre, &c, &c.
METALLIC PAINT
FOtt PLANTATION VfK
WHITE ASH BOARDS & PLANKS,
- FOR WIIKKLWBIOIIT AND PLANTATION IfK
WHITE EASTERN PINE
BOARDS AND PLANKS.
WVTlJ PAPER !
AND
ALL OTHER BUILDIXG MATERIALS !
LEWERS & DICKSON.
im,2 Zm
Blocks and Qars!
FI LL ASSORTMENT
Fir Hale by
HOLLE. A Ct
Wilmington Fitch !
DECEIVED
PER CETLON. AND FOR
(aUlt) . . BOI.LKS A 1 O.
ML Ml
le by
KEW GOODS !'
1ST XD OOO li.
n4 on o l !:.
CASTLE & COOKE'S.
WIRE I
II III!: ! ! !
IIRI MIES, A FINIi LOT OF III
OF
AURICI'LTIK AL
1 1 n;
JtKGIPKOCITV IIlIGi:S ! !
DILLINGHAM & CO..
f Ac 07 KlNg HtrrH, llawalala.
1 O TS
BY THE UNDERSIGNED!
1 1
fi'a fJ
EX
X o -ULt o 3La 1 ix iX.CL.
f'ONS II F.ST NMITH'N l IAL.
1m Hi l tiljt.rnv f bnl Ukm Cnt,
t.nt Inn, In Am.4tr4 Hiset,
11 M K J I J 1 OI0 C'ORIJ r A LH !
to 1 !'!. "( Hi' vi lirtklt-il Mkiiufkrluxt iA Jitu
(iillua A Co., OU,
AIMO, A IT.W !
Smith & Wcllstood's Celebrated
STOVES & RANGES!
Iliirlity Hi-couiRirmUd I'V Hi'- alio ! tri-l lUm. Ull
on liiii'l Hid will l ui J ii4 ki lw Utet lorail ib Tlait.
A LfO, Til
Jh:r2
FOLLOWING IYIACHINERY.1 -
ONE M (.'Alt .MILL, COMPLETE!
THREE WKSTON'I V ENTU I FLU A I.
MA KINK! t
F I V E S I E A M ' L A R I Fl Etta, 4 OO
mm iOO ti ALLONH.
i) n v (; o o i) s
f
rnf Iohn IDoajprljitlonai I
PER DARK D. C. MURRAY.
I.I ftUO US
Ce llilii ick' t'lmmiMirn.
An'rtr. Isruii-I 1 lmmj.fii
Oxnrt ln,i,r.y' , 'l rnl I) fir Miknily,
'. Aiv.iU I l:rn'l l;rai.'ly, n.. tt .'Urel,
Cam !! -I ( t'li U!,iky.l twl ISi it IUIUiiiI (lln,
I'.ukett i ll'.lLoJ m, Kki )uK-
Caii-a II' U ! I T'uii . .'- Alerted Clareti,
II EST AMERICAN V II I S K I CHI
OrciJeuUI, IJi rti.rt kiid O. t. C. ; ,
li:.UI.IOIINH A. L( (MIOL,
C- I!' hI Tale Hhrrry,C'ne l?et Ol.l Tori,
Wurt-r Cull llt-iiii'ny' I'ale Braudr,
CarlT 'ak. I'ale Xl-rry,
g i .rt. r i'a'ki Irih W lnnkey,
QuartrrCatkt Jaasuiia Kuril,
McEWAN'S
INDIA PALE ALE.
I'inl aivt jnrl.
Mvh. ViiMi- k -" In.lla I'alo Air, ihlanl quarti
l:,in Ai ' Inl.a VaW A I.', .nil ai..l i(url;
OrariK'" H;U'T,
. AIJ-O i ' . .
JIST REfEU'EU I'EiX EA
i
WAN'S XVX STOI 'l
I I. Ml AMI l
Tort Mint, In 3 doz. r.; Sdrrr) Uor, ! S itr. tt.
or fl I'FUIOIl QI'AMTV. ,
Ml F. T- LENEIIAN V CQ.
.11 !";-
Ml
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v luuceetts" to 'tliejTaymen"t
"jrlf ' Buttonj,"ci6rette PKr, etc., etc.
iV. 16 MERCHANT
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