After the filing of a mass of affidavits, and an exhaustive argument of the motion, Judge Sullivan rendered his decision, February 16, 1885, granting to Sarah Althea Hill an allowance of $2,500 per month, to take effect as of the date of the motion, January 8, 1885, and further sums of $2,500 each to be paid on the 8th day of April, and of each succeeding month until further order of the court.
This the Judge thought reasonable allowance “in view of the plaintiff’s present circumstances and difficulties.” For counsel fees he allowed the sum of $60,000, and at the request of the victors, made in advance, he divided the spoils among them as follows:
To Tyler and Tyler
$25,000
To David S. Terry
10,000
To Moon and Flournoy
10,000
To W.H. Levy
10,000
To Clement, Osmond and Clement
5,000
By what rule $2,500 was awarded as a proper monthly allowance to the woman whose services to Mr. Sharon had commanded but $500 per month it is difficult to conjecture. It was benevolence itself to give $60,000 to a troop of lawyers enlisted under the command of Tyler, who had agreed to conduct the proceedings wholly at his own cost, for one-half of what could be made by the buccaneering enterprise. It seemed to be the purpose of these attorneys to see how much of Mr. Sharon’s money they could, with Judge Sullivan’s assistance, lay their hands upon before the entry of the judgment in the case. From the judgment an appeal could be taken. By anticipating its entry they thought that they had obtained an order from which no appeal would lie.
It was not until three days after this remarkable order was made that the decree was entered by Judge Sullivan declaring plaintiff and defendant to be husband and wife; that he had deserted her, and that she was entitled to a decree of divorce, with one-half of the common property accumulated by the parties since the date of what he decided to be a valid marriage contract.
Sharon appealed from the final judgment, and also from the order for alimony. Notwithstanding this appeal, and the giving of a bond on appeal in the sum of $300,000 to secure the payment of all alimony and counsel fees, Judge Sullivan granted an order directing Mr. Sharon to show cause why he should not be punished for contempt in failing to pay alimony and counsel fees, as directed by the order.
The Supreme Court, upon application, granted an order temporarily staying proceedings in the case. This stay of proceedings was subsequently made permanent, during the pendency of the appeal.
Mr. Sharon died November 15, 1885. That very day had been set for a hearing of Sharon’s motion for a new trial. The argument was actually commenced on that day and continued until the next, at which time the motion was ordered off the calendar because meantime Mr. Sharon had deceased.