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The Court Gives the Wife a DecreeHusbandFor Two Days tbs Family Had Nothing to Eat andWas Dependent Upon Friends forSustenance.Judge Ogden this morning signed the decree of divorce sought by Mrs. Mamie C. Bacon from Frank P. Bacon and after many years of domestic infelicity and many hard buttles in the courts the husband and wife were absolved from aill further allegiance one to the ■other.The plaintiff was given the custody of her children, although the defendant desired to take them away from her.She was granted no alimony, as she had not asked for any, lall.hough she was allowed 525 a month 'for the support of the youngest child, Robert Bacon, who is only about three years of age.The pfllntiff. In asking for' -no alimony, was governed by -the consld*2ra-tion that she would be given a certain amount of money which would in effect supply the place of any alimony that ‘might be allowed.The amount of money so allowed was not divulged.Last Saturday afternoon Judge Ogden declined to render a decision in the case, slating at the time that he would continue -the case until this morning.According to the testimony of Mrs. -Bacon and a woman named Egan, it was shown that Bacon had deserted his wife several years ago and ’had since then contributed nothing to their support. The money which the court had ordered Bacon to pay his wife had not been paid, and during the lust five months the wife and her eight children bad been in absolute need of food and clothing, which could bo purchased only by selling articles of value which still remained In the possession of (Mrs, Bacon.Judge Ogdon scored Bacon for his desertion of his wife and chltdre.n and when he heard that the wife was to be allowed a certain amount of money if a divorce should be granted on the condition that ahe surrender ©11 her children to her husband. Judge Ogden became angry and said ’that a man who was ‘lost to his duty to his wife, his children and the Slate was not the proper person to be given the custody of an innocent female child of nine years of ago. I-Io said he did not know that he ought to grant a divorce, as ho had heard but one side of the case. At all events 'he would continue the case until this morning to enable him to arrive at a conclusion as ito what ho* would do In’ che premises.The counsel for M'r. Bacon made no attempt to answer the charge -of de-PCTtlnn on his part, aave by the filing of a general denial which consumed only a few lines, and by a Jet ter dated Nogales, Mexico, signed by Bacon authorizing his attorneys, Pierson Mitchell. to appear for him.Mrs. Bacon was represented by 'her attorney. Judge Serivner, a-nd lt;the defend aivt was represented by Mr. Pierson.When the case was called Mr. Scrlv-ner and Mr. Pirrson had an undertone conversation with the oourt, one feature of which was the submission of the findings in the cane and the form of the decree granting a divorce to the petitioner. There was a certain informality in the decree which had been prepared before counsel had ‘learned rf the full effect of the decision which the court proposed to give.The court, told Mr. Pierson that ho had had a conversation with ‘Mr. Serivner in chambers and that he had informed him that 'he did not feel like signing a decree giving the children into the custody of the -faI her.Mr. Pierson said that the defendant did not desire to remove the children from the care of t'he mother, simply for t'he sake of dispossessing her of her offspring, but because t*he defendant fet; himself unaiblc to support the children In any other way.Th-e father may be -the person who can more easily support the children, said the court, but ait the same time, it Is a -hardship on the mother. You consent to the payment o’f $25 per T-ncnih toward the support of Robert Baron? Queried the court.“We do/* answered Mr. Pierson.The petitioner asks for no alimony/* Inquired the Judge.She does not, answered Mr. ScrJv-ner.. The Judge was about to sign the decree, but the attorneys retired to make the same conform to 'the expressed wishes of the court on the subject.After a de-lay oi half am hour, the attorneys reappeared and itoo ftntfftnvra and 1/he decree were sutomJttc-d to the court.At the request o-f t»he pl'a.lnfclff, saildJudge Ogden, the cu-rt w-Hl tsvke no aocn-uTvt wi'tfh reference to the custody of the nvtavor children- AccortfH-wg to t/hie FLbpulalfon of t’he parties, the son Robert 3a -to go Into the possc-^slon crC the 2la!mlitfC and Is to bo aJIow'crd 525 a monitfh for his stireport.The plaintiff, said Mr. S-crivwer, is to bo allowed; tiro household furniture-, which vab the IiKilvidu'.ii property c»f the hiiLstemid but Uhis division was agread upon.rPh.e principal finding in the cas*2 Is t:hwt on or about the 22nd day df Juily, true said defendant, Fra1' - P. Bacon, d-i^regarding hiis mar:0^,0 vows, and without cairec. ViiKully deserted and abandoned pia*nlUtf and ever shnca bos rentallr.ic-d separate a.nd apart from Bis family and wi'Dhcu/t any suindent oatise or provocation therefore, and agatir.st the wish anid consent of ploin-t'UT.” ' • •That there are. ricfhl living children born duirLnft lDhe marriage ot said plaintiff and dcCendamt, and whose naimes a:ii3 ages are as foil owe1, to wit: Henry D. Ea/com, aged 21 years; .Toilla C. Bacon, a.gvd ID years; William S. Bacon. aigod 38 years; Joseph C. Bfreon. aged- 15 years; Thomas P. Bucon, aged IS years; Page Bacon*. aged 10 years; Catherine Bacons Ufged 9 years, fljnd lr.i*vxr't I Savon, aged 2 yewrs/*The decree was then signed as follows:'This cause having been brought on to be heard the 22d day of January, ISPS, i^pon the complaint of the plaintiff above named, and nhe answer of said defendant, J. J. Serivner, Esq.. appearing as attorney for the plaintiff and Messrs. Pierson AI.it cheil appearing as attorneys for the defendant, and -the court having heard the testimony herein, from which it appears that all the material ^.legations of the complaint are sustained by testimony free from all legal exceptions as ‘to Its competency, admissa-bllty and sufficiency; and that said allegations so alleged and proved on behalf of thoplaintiff are sufficient in law to entitle the plaintiff to the relief prayed for in her complaint, and The court having rendered Its decision herein, and signed* and filed its findings of tacit ancl conclusions of law, reference to which Is hereby made:‘Now, on motion of J. J. Serivner, Esq., counsel for plaintiff,It Is hereby ordered, adjudged and decreed, and this court, by virtue of the power and authority therein vested and in pursuance of the laws in such case made and provided, does hereby order, adjudge and decree '.'hat .The marriage between the said plaintiff, (Mamie O. Bacon, and the said -defendant, Frank P. Bacon, be dissolved, and the same Is hereby dissolved according to law, and t'he said parties are and each of them Is freed and absolutely released from the bonds of matrimony and all obligations 'thereof.It is further ordered, adjudged and decreed that plaintiff have and she is hereby awarded the permnmen-t and sole charge, control and custody of the minor child. Robert H. Bacon.It Is further ordered, adjudged and decreed that the plaintiff be and she is hereby awarded T'he sum of $25 per month for the care, support, maintenance and education of the said minor, Robert. H. Bacon, the same -to be paid by the said defendant to said plaintiff at the Central Bank of Oakland, Alameda county, California, on the 2oth day of each and every month unttl said child •becomes of age, or tills decree is otherwise satisfied, and said defendant is hereby ordered, adjudged-and decreed to pay the same as aforesaid.It Is further ordered, adjudged and decreed that-all of the household furniture 'heretofore -and now used by plaintiff and In her possession at her present place ofi residence, corner o? Durant and Harrison streets, in the clly of Oakland, Alameda county, California, • be awarded to said plaintiff as her separate, property and estate, excepting1 1 herefrom the library, which Is hereby awarded to the defendant, and the said plaintiff is hereby, ordered todeliver the same to said defendant.•Mrs.. Bacon, with tears in her eyes, spoke a few words to Judge Ogden as he was leaving the bench, and then left 'the court with the counsel on both sides. They went to the clerk's office, where the documents In the -case were recorded.The granting of -this divorce was followed 'by the dismissal of three other cases -in which the plaintiff and defendant in this action were interested. One of these was the suLt for maintenance which was, on a motion of appeal to the Supreme Court. The next was -the case of Weil vs. Bacon, In which the defendant In the dvorce cu.se was sued on a .nnrmber of assigned claims for the support of his family after he bad deserted them, and 11 m* next was a suit for an Increase of attorney's foes, brought by Mrs. Bacon against her husband.GIVES A RELEASES’This afternoon Mamie C. Bacon, in consideration of $1 and other valuable considerations,' recorded a release abandoning oil right to any property which rnay heretofore have been in the name of her ex-husband, Frank P. Bacon.MBS, BACON TELLSMrs. Mamie C. Bacon was In ter viewed rby a Tribune reporter-this afternoon hi the -presence of -her attorney, when the -following interesting state of facts was elicited from her:•Mrs. Bacon waa -born in St. Louis, Missouri, her maiden name belhg Mamie Cooper, and Is connected with many cf the most prominent people of that city. She is a nleoe of the well known banker of that •city, Solomon Sublette, and is also Closely related •to the Pepans and Choteaux. She Is also related to some of the prominent people of t'hia city and county, J, West Martin and others.Mrs. Bacon met her husband many years ago in San Gabriel, ’California, anrl was married to him under fa.vor-ab'.c auspices on the 24ih of December, 3874.Soon after their marriage, however, her 'husbar.d developed a niorcse and tyrannicaC disposition and began really to make her life -unpleasant by his unusual and eccentric conduct. Years rolled on and ten children were born to them during their marriage, two of whom died In infancy. During all o? these years, however, Mrs. B/iccn'B life was made largely unhappy and disagreeable by this peculiar treatment of her tou-stoand, tout she bore It with wlfeilke patience and fortitude, and used every effort in her power to make their home what it should be and to raise up their children as they should be.Mr. Bacon never developed any business qualities or habits, and the family was really supported by H. D. Bacon of Oakland, his father, lately deceased, who paid over to Mrs. Bacon every month a sufficient allowance for the support of the family.H. .D. Bacon ls/Gt qiulte a. large estate which was aiprpra.i^etl at tube su.m of $SSi),000. There was a ■conslidcirlafbic ambim* lt;otf cc^h c*n hand alt-the Mme of foils deta/fch, wkikih was Carge’ly applied to Ifhe ^payment of an indebted ness an.'ounit/lmg a't the Wme *of his 'dea/llli Wo atotrnt $275,000. Sutoscqucr.tt fo 't/be detakh of Mr. Bacon a wnporn.t’ton was oirgvan-ized known, as the Bacon Daml mnd Loam Ccemrpany, to wh'icih w'as- conveyed a;a of .tllie pmperty of *Uhe esteite. This compiany woe organized Wiith a capital flock of 50,000 dba.res, one-half of .which •wenlt to tihe widow, and 'the ‘o’tber half was equally divided between Prank P. Blacon and h-ls *t\vio ‘Sister®. Mrs. Ellacu1e and Oa-njle 33‘2.cothAlxjuit- 'cJhe liTtie when Prtiirk Bn/cbn cyune ‘Intho his Iniher'ltan.ce, (his rtrehJ-menit ry~ h’ls iwife Ojecnrm-e more marked amd finaily he fold lier. as slhe (testified upon Ifhe ^tnnd Saturday, liha't he had now dnto his cnloney arud he wia#tlre’d of hts family land was going to enjoy ]I!fe, • tJbat she cou'Id go’to lawyer iaivd find out whiait was best for her Ito do.Ahoult thalt time, 1n- J-u 1y, 1895, Mr. packed ivp 'his personal effedLs and Qefit, and »inoe thsut 'time he has never Ootntfilibuted anything for the eu-pport of hfla wife and ^ishl cthilMren, except whin: he 'has been com-pelUed to pay -by legs'll pi'oceedllngs.IDlrs. • Bacon Was exceedingly averse 4o 1‘ihe ■irvsirituitlo-n o-f iany legal! proceeding® or io having any •p-uibllci’ty given •to her do.mes.Uc linfeLiolty, and 'she was pai'ticularly averse to penmiictlng’ the public to know -how unhappy ©he was and how ^he had been Lreatetl by Iher Duus-bamd. She. felt ‘that i'Z wxral i toe. to a certain extent, a h'tiirnjlia!tCon..'bo her and to toercrpawy fblends. But diire ne-.. cContinued on page 2.)
Newspaper Details
Oakland Tribune
Oakland, California, US
Tue, Jan 25, 1898
Page 1
Full Page
Clipped by
Susun W.
USA 16 Apr 2018
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