The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-08-03
TIE MecurcHEoN DIVORCE.
A Statement from the Secretary of the
Cause and the Method OF Procedure
HELENA, Montana, July Is, j

honored by yourself. II is an honorable POI
sition and have done all in my power to
perform its duties in a most acceptable
manner. In consequence Of recent legal
proceedings brought by me to procure de-
cree Of divorce, portion OF the Territorial
press, without knowing aught Of the merits
of the case, have seen fit to severely criti-
else me. In view Of the fact that you were
my immediate predecessor In this Office, and
you now conduct what is recognized as one
of the most conservative newspapers in the
Territory, l have concluded to submit my
statement TO you, which embraces the main
features of the communication made to the
Governor at his request on the 23d inst.
On or about the o2d day of May last,
filed in the District Court at Bozeman, a
complaint alleging my marriage with tho
defendant in September, 1870, (not in 1876,
as published,) and desertion Oh the part OF
the defendant on or about March LIST, A. D.
1888. might with propriety have alleged
the desertioD at an earlier date, as we have
not lived together as husband aud wife for
nearly nine years. Ialleged the time did
for the reason that we were then correspond
ing in reference to her coming here, and
about that time she wrote me that If she
came We should live as we had lived. Dur
ing the winter and spring before l came here,
with me, and when l received the letter
above referred to, ! wrote to my mother
with whom the defendant was then staying)
that should never live with the defendant
again as had done, and also wrote the de-
PENDANT that Il should take steps soon TO
make 1t legally and morally impossible for
us to live together longer as we had" The
details Of the life refer to would be unfit
for publication, but were such, and acknewl-
edged TO be such by the defendant in her
letters TO me, as to justify me in seeking a
legal separation.
My attorney was busy when the complaint
was drawn and requested me to draw it,
which did. The affidavit of non-Iesidence
Is in keeping with section one of an act con-
corning the publication Of summons, ap.
proved March !, 1883, which reads: "When
the person on whom the service of summons
Is to be made resides out of the Territory, or
has departed from the Territory, or cannot
after due diligence be found within the Ter
ritory, or conceals himself TO avoid the SER
vice Of the summons, or when the defend
ant is foreign corporation having no man
aging or business agent, cashier, or secretary
within the Territory, and an affidavit stating
any Of these facts Is filed with the Clerk of
the Court In which the action is brought,
and such affidavit also states that cause of
action exists against the defendant in respect
to whom the service Of summons is to be
made, and that he or IL is a accessory or
proper party to The action, the judge Of the
courts in which the action Is commenced, or
the clerk Of said court In the absence of the
Judge, shall cause the service of the sum
mons to be made by publication" The aft
davit fled complies fully with this section.
When the first publication of the summons
was had, procured copy Of the paper here
and mailed II to the defendant. On the I'D
day of June was Informed by my attorney
~
gram purporting 10 come from the defendant.
Late In the afternoon succeeded in seeing
the telegram, and was satisfied that 1t came
from her. l bad learned in the meantime
that Hedges had written To one Strong, of
Charlotte, Mich, offering 10 appear in the
case and make no charge for his services.
My attorney also informed me that when
Hedges exhibited the telegram lie also en-
CURED If had any money TO put up. | was
impressed at once with the idea that
scheme was to follow, and urged
Hedges to do as he bad agreed tor the de.
fendant, and appear and take care Of the
case. After some considerable talk he
agreed to do so, but said he would not an
swer, as from what he could learn 40 such
course was intended. He then mentioned
the subject Of alimony, aud told him he
could not get II, as had given the defen-
dant all the property / had. He then said
he was too poor TO 60 to Bozeman as / had
insisted he should do, aud so we agreed that
/ should pay him S25 alimony in order TO
enable him to attend the trial. / then
drew up stipulation to try the case on the
23d or as soon thereafter as counsel could be
heard. took this to his Office and at his
request changed the date TO the 25th and he
signed It. His appearance was then drawn
up by Mr.. DINGHY and signea by himself,an
l paid him the alimony. ] have never drawn
a paper for him in this case or in any other.
On Saturday evening June 23d, Hedges
came to my Office and informed me he had
made up his mind not 10 60 to Bozeman. l
urged him TO go, and offered to call him in
the morning, but he said he would not 90.
then suggested that the words, "or as soon
thereafter as counsel In said case can be
heard" be stricken out of the stipulation, TO
which he assented, and they we're stricken
out In his presence. 1t would make no diff
ference II they still renamed part OF the
stipulation as the case was the last one tried
during the term, and counsel could not we'll
have been heard after the court adjourned
sine die. The decree was drawn up by my
self at Bozeman. Where / have practiced
law, parties or their attorneys always pre-.
pare such papers for the court, and notice
II 10 very frequently done here. After court
adjourned met Hedges At the depot at Booze
man and asked him IL he had come TO be
present ut the trial of the case, and he said,
"No, he had come on other business" What
that business was, the curious can learn by
iDquiring ut Story's bank, where he succeed
ed in raising that day $500 upon draft
drawn upon his uncle, Fl. G. Hedges, al
Mansfield, Ohio, and which has since been
protested. When he returned to Helena, he
furnished for publication the motion TO set
aside the decree. No such motion has erer
been entered. This same Hedges Is now I'M
der bonds, to await the action of the Grand
Jury, for attempting to bride an officer to
serve warrant, which Hedges had made out
himself, without authority, and is now in
jail, awaiting like action for having forged
an affidavit to procure the arrest of certain
parties here. leave questions Of yeracity
between him and myself, to be determined
by the public. On the day when Hedges had
the interview with Col. voolfolk, met him
In front Of the Independent office, In charge
of officer Steele. He left the officer and call
Ing me TO one side, said to me, "If you do
not use your position as Acting Governor of
this Territory to have me relieved from this
will see Voolfolk, and iii the paper just
as full OF dirt about yeu as can"
Hedges and myself have been antagonistic
since about May 10th, when tried the case
In which the facts were brought out which
caused his first arrest, and, In my case, did
not treat with him In any other manner
than that which is set forth In this state
ment. / gave the defendant all the property
had, except my law library.
The reservation In the deed of the real
estate, about which so much has been said,
has ceased to be an element In the discus
sion Of this case, rs the giartec has sold the
property for nice figure. We have two
children only and shall continue TO furnish
the means for their care and education. The
boy will be twelve years old next November
aud the girl eleven next June. The charge