The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-06-10
T. D. EDGERT0N ANSWERS
His Reply to the Divorce Proceed
ings Instituted by Kate D.
Edgerton.
A Letter In Which It Is Claimed
That She Admits Her
Inf1delity.
Legal Propositions Argued Before Judge
Hunti In the District Court on tho
AIimony Question.

TIL lawyers in the Edgerton divorce case
occupied the time of the district court yes
terday, Judge Hunt presiding, in their ar
guments on the question of alimony, and
on the demurrer to the complaint. Judge
Mcconnell, for II. d. Edgerton, claimed
that the mere attack on the decree of di-
vorce granted at Billings did not re-estab-
lish the relations of husband and wife, and
that. therefore, there was no grounds for
asking alimony. On the demurrer he held
ahat the petition to set aside the decree of
divorce was barred by the statute of limi-
tation. Lawyer Campbell, for Mrs. Edger-
ton. held that where a decree obtained by
fraud there Was no limitation us to
the time proceedings might be instituted.
He also quoted authorities to show that in
similar cases actions for alimony both PEN
dente lite and permanent, had been allowed
to be inauRurated. The case was not con-
cluded. Judge Hunt called attention to
several conflicts il dates between the
allegations in the complaint and those in
the affidavit of Mr.. Edgerton.
The affidavit of l.. d. Edgerton, referred
to yesterday, says that for nearly a year
before Mrs. Edgerton left Montana he and
she did not live together as husband and
wife. He further says that the statement
that Mrs. Edgerton went east at his request
is not true, that in fact ''she went
east to avoid service of
and the notoriety incident thereto
of divorce proceedings on the
ground of adultery. and that he now has in
his possession two separate written confes-
slons of such facts as we'll as several letters
confirming the same and also the admis-
sion OF the party that would have been CO.
N r~n ovNN ~ Aln r-sA H. ~
ing in the handwriting of the plaintiff, one
having been written in his presence and the
Other bears date March 6 and was sent by
mail. The first confession contains the
following language: Il repeat on paper
what / said last night. WithoutRoing over
the matter 1 am willing to say that | was
fond of - and often while at his office
under his treatment submitted to his wishes
and sexual intercourse. Signed, Mrs, f..
d. Edgerton.' In the second or later one
he received through the mails the following
language appears: Il believe he drugged
to his wishes, no matter how much I might
have thought of him. and you know mo
we'll enough for that. He was not drunk.
From the first he told me that l was
the only woman that could ever resist him.
just think of it. Oh, God above, look down
and pity me for a misstep. Use this il you
choose against me in any way, if that is
your motive. l care not. l am %reconciled
to the very worst. l think you will never
regret your delay. but do that which will be
tho most satisfactory to you barring us en-
tirely. The matter is dreadful The name
of the correspondent being suppressed here
in merely out of consideration for his wife
and family
Edgerton denies that at the time of the
marriage he had $4,000, or any more than
$1,000, and denies that he had accumulated
amy considerable property up to the time
Qha laff him and 10Au mt hn1tnOo that ut
any time he could more than nave paid his
debts; that there was no property acquired
by their joint efforts; and that the real
cause of their separation and her desertion
of him was the discovery of the adultery
before mentioned. He denies that Mrs.
Montana, but AYERS that she has received
on an average over 800 per month. and
that he has given her as high rs $500 in one
month ana purchased a house worth $4,000
or $1,000 in which she is now
the tis.Dt divorce oles v al obtained s a Mrs. sn'i Edgs a1ssa
and her infant son Ralph travelled
to California and remained there a wear,
then came north and met him in Portland,
and travelled on the same train with him as
far as Helena, where he left the train, and
she continued on to Merriam Park, Mimi.
The complainant further says that Mrs.
Edgerton knew all about the procuring of
the divorce. and that her statement regard
ing the use of a loaded revolver, any
threats, or other means of coercion are
false. He informed her that he would
have TO publish mmo IN her, and the
pearance of attorney, instead of by publ
cation, was solely for the purpose of avoid
ing the publicity. In the affidavit is given
the copy of a letter written to Ebert D.
Weed from New York by Mrs. Edgerton on
April 4, 1887, and enclosed is one to Mr..
III pnrfnn Tho Iaffar tn Mr. Wnn1
reads: Dear Sir-I understand Mr..
Edgerton intends to apply for divore on
the ground of desertion and suppose he is
entitled to one under the laws of Montana.
| do not desire to make any defense, nor do
l care to have a published, 80 am
gong to ask you as a personal favor to ap-
pear in the action for me and waive service
of and see that a proper decree is
entered freeing US both and also giving ME
possession and care of my son Ralph" The
letter to Edgerton enclosing that to Weed,
contained this language: II don't care one
anxious for publication, you are welcome to
it,. You needn't try to do any more fright
ening me. 1t has not been my fault be-
cause didn't get your letters
that you speak of. copied
it two weeks since and wrote
were going to start east by the goth of last
MONTH" This letter, the affidavit says,
according to the postmark on the enve-
lopa, bears date of mailing at New York
city on April s, 1887; and that Edgerton
was thousands of miles away from New
York at that time.
Under date of Fluranna. Chatauqua
county. Feb. 6, 1887, the affidavit says
Mrs. Edgerton wrote: II have a situation
lat | can take at any time whore l can be-
gin at T36 rer mt nth, and if l do we'll,
my salary raises. Your last letter says it is
ton n q r1n 80 ha fl~I t,~xt 7
wish you success and perfect happiness,
and that you may never regret it. ] have
done all a being could to try and begin
over again. but you will it 9TH
srwise. You have promised to
At that time 1 die out and You are to
support and educate our boy. So, in the
future, we are as dead to each other as
though we had never met" Edgerton fur
Their denies that he and Mrs. EdQerton ever
lived together as man and wife during
March and April. 1887, i'll New York and
quotes from n letter written by Mrs. Edger-
ton in that city March q. 1887, to prove il.
He declares that he never lived in New
York since 1882.
Ever since the rendition of the decree of
divorce. and for a year or two previous,
during which time they lived apart, Edger-
ton says he treated the plaintiff we'll, and
ito avoid any scandal that might be con-
nected with any misconduct on the part of
plaintiff in the proceedings for divorce on
account of the effect it would nave
upon his son Ralph, and to