The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-04-25
EOCERT0N vs.. EOCER7ON,
Allegations Made That a Divorce
Was Obtained Without Notice
at Billings.
Case at Boulder to Annul the De-
cree and Another Suit
Commenced Here.
Hon. Thomas II. Carter and Hon. Il. ID.
Weed ~ Attorneys In the Pro ceed-
ings in Yellowstone County.

Kate d. Edgerton, Of Minneapolis, has
filed q complaint in the district court
against E. d. Edgerton, president of the
Second National bank of this city for II
divorce and $4,000. From the story re-
lated by Kate Edgerton in hor complaint a
divorce WAS obtained by Mr.. Edgerton from
her at Billings in May, 1887, without her
knowledge. and in which Hons. Thomas H.
Carter and E. D. Weed appeared rs attor-
neys. A suit is now pending at Boulder. in
Jefferson county, to have the Billings
divorce declared null and void. The COM
plant filed by the plaintiff in this county,
stripped of legal verbiage, alleges that she
and MIR. Edgerton were married at Watkins
Glen, Schuyler county, N. Y, on Sept. 8,
1873. From September, 1852, until May l,
1886. they lived together in Montana,
during which time one son WAS born
to them, Erastus Rolph Edgerton. who is
now nine years old. by their united exer-
tions during their married life they ac-
quired property valued at $3.50, 600, consist
ing of money, stocks, notes, and personal
and real property, all of which is said to be
under the control of Mr.. Edgerton. The
plaintiff believes that at least 800, 900 of
the property consists of real estate, and she
says she is unable to give any description
of it. She further alleges that she is en-
tirely without the means of support, and
dependent altogether Upon her personal ex-
ertions to secure means for the livelihood
of herself and son. Abandonment and de-
sertion is next set up. SIN May, 1887, the
defendant, without cause or provocation on
the part of plaintiff. willfully abandoned
and deserted plaintiff, and compelled her
to live separate and apart from hin"
1887 he contributed to her support, and
that for about the last six months he has
neglected and refused to furnish her any
money whatever. She says she is now
wholly dependent upon her own e1ertions
and the contributions of friends for sup
port. At all times since May, 1887, he has
refused to allow her to return to Montana,
and has refused to furnish her means by
which she could return, and that at
divers times since MAY 1, 1886. he has been
guilty of extreme cruelty to her.
While living together as husband and
plaintiff says Mr.. Edgerton told her he vas
bound to have a divorce from her; that he
wanted to marry another woman, and that
she must write and sign a letter to
L. d. Weed, of Helena, author izinc
him to appear for her in a proceeding that
would pe commenced. one ABSOLUTELY re-
fused to write or sign the letter. Then she says
he drew and exhibited a loaded revolver
and pointed it at her, and compelled her to
write at mis- dictation q letter authorizing
Weed to appear for her in such proceeding
to be instituted. She then wrote the letter
and signed it in the belief that if she did
not do SO the defendant would take her
life, and under the influence of fear and
bodily danger and duress, and not Of he,
own free will. After tho letter was written
and signed it was taken by Mr.. Edgerton.
A few days later she demanded that
he should destroy the letter, and she says
he stated he had done so; that
made to deceive and defraud her.
On her information and belief, Kate
EdRerton alleges that Mr.. Edgerton pre-
scented the letter to Weed on May %,
1887. with the statement that his wife de-
sired him to present it, and that Weed
divorce proceeding to be commenced by
him. And further. that it was agreed be-
tween Weed and EdRerton that the former
should go to Billings, in Yellowstone
county and accept service of the summons
to be issued in the case by Thomas H.
him to take a decree of divorce. That on
or about May "a, 1887. Edgerton did go to
Billings, with Carter and Weed, and filed
his complaint in the district court.
asking. among other things, a divorce
from the bonds of matrimony from Kate
Edgerton; and caused q summons to be is
sued. service of which was accepted by
Weed who appeared as her counsel, and al
lowed Edgerton to get a divorce. She says
she did not appear i'll court and did not
authorize any one to appear for her; neither
did she have any knowledge that Weed had
presumed to appear for her In the proceed
ings. No was served upon her,
nor did she accept service of any, or author
ize any one to do so for her. In the COM
plant filed at Billings 1t was alleged that
she had deserted her husband. This she
claims to be false, and that abe has been
true to her marriage VOWS, and has a good
defense to the pretended cause of action.
Not until Dec. s, 1889, did she discover
that the divorce at Billings had been
granted. Then she commenced a suit on
court at Boulder to expunge from the
records of the court at Billings and have
held for naught the decree of the divorce
granted there. The case at Boulder is still
pending. At all times between May l, 1856,
and Nov. %, 1890, the plaintiff says she has
been in communication with Mr.. Edgerton,
and previous tothe last date he has RENTED
to her stated allowances for the support of
herself and child; since the commencement
of the action at Boulder he has ceased and
neglected to pay her any money whatever.
In her complaint she prays for
10000 for the maintenance and
support OF herself and son. Colonel
A. O.. Botkin and E. p. Caldwell represent
the plaintiff, who is now living in Minneap-
oils, where she has been for the past three
years. Mr.. Edgerton has been served with
summons in the case, but has not yet filed
his answer.