William A. Kesterson was brought before Judge Phelps in the circuit Court yesterday on a petition of his two children Mary A. Kesterson and Edwin B. Kesterson, for his release from jail, where he was committed two weeks ago for contempt in not paying his wife Cecleia C. Kesterson $3.00 a week alimony pending her suit for divorce. Mr. Kesterson testified that he is a painter, 56 years old, has catarrh,rheumatism, chronic headache, and is lame from the effects of a compound fracture of the leg. In consequence of these afflictions he is able to do little work, even when he can get it. He went to virginia in May lasat year for health, and returned AUgust 20. Since then he has made about $30. In January 1885, soon after this suit was brought by his wife, he sold his house No. 181 Fairmount avenue, to his son Thomas, who is a pilot, for $1,600 and after paying some debts divided the $1,000 remaining among his five children. He borrowed all the money back except that given to his daughter, and used it to pay his living expenses. Frank, one of his sons, he said was an imbecile and would not work. He received the money from Frank about two weeks after giving it to him in the same notes that he had given him. He had also drawn his interest in a a building association, amounting to $175, for living expenses. Since January 1886 he had made about $300. Mr. Kesterson was cross-examined at length by Mr. C. Dodd McFarland, attorney for Mrs. Kesterson. Joseph Kesterson, brother of the defendant, Mary A. Kestreson and Edwin B. Kesterson, his children, the petitioners, and John Downs and Marion Downs, each testified that Mr. kesterson was unable to pay the alimony. Mrs. C.C. Kesterson, the plaintiff, was called and testified that she was married to Mr. Kesterson June 10, 1884. He then had steady work and owned the house he lived in. He allowed her $ ? a week for supplies of the family, consisting of four persons, and kept the rest of his earnings being very close. She could get along with the boys, but could not live in the house with his daughter. William came home once looking very shabby and asked her for a piece of bread. He did not live at home. His father said he was worthless. She thought a good deal of Thomas. James Surran, brother of Mrs. Kesterson, testified that she lives with him at No. 88 North Wolfe street. Painters have plenty of work now and the union price is $2.50 a day. Judge Phelps decided that Mr. Kesterson is able to pay the alimony and remanded him to jail. Miss Kesterson went into hysterics in the courtroom when the result was announced.