The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-10-24
ON The PR|Ac|Plt {,
finkelstein Objects to Paying ALL
mony 10 Mrs. Finkelstein
the First
Denies She ID His Wife and COM
potent to Sue Him for
Divorce.
Technically the sheriff Has Him, and
Habsas Corpus VIII BE Invoked
Cases Set tor Trial.

The divorce case Of Eva Flnkslstein
versus Marcus Finkelstsin was set for trial
In Judss Bucks department o. ths district
pourt yesterday. Finkslstsin was there
With his lawyer. N. W. AsCounsll, aad
ooksd unusually smiling and happy for .
man with two wives and two families on
bis hands, and q lawsuit and . criminal
proceeding to defend ~ we'll. Mrs Finksl-
stein the hrst was there. too, with her eldest
daughter and her lawyer. ]. O. Stranahan.
The nrst Mrs. Finkslstsiu, II Will DO re-
msmbersd, claims 10 hays bssn married to
the defendant about Swsnty years ags In
Russian Poland. and i've children we're the
issue Of the union. About ten years ago.
vhs claims, he deserted her IN 81 Lssis,
and IL now living with another wife. Mrs'
Sarah Finkslstsin. BY whom 10 nas s~o
child rem. The last marriage WAS CONTRACT
Cd about nine years ago. and Finkelsss'n
says hs arst secured ! jewish "ehs' q
diyorce. from his othsr wife. In Chicago.
Mrs. Finkelstein the hrst, accompanied ~
their offspring. followed her masrimonially
disposed husband about. and finally. sons
months age. had him arrested In Helena on
tho criminal charge Of holding unlawful
relations with The woman whom he mar
ried nine years ago. That osss 10 now on
The docket OF tho district court, awaiting
the arrival of papers from Poland by which
Fiukelstsin expects to provo his hrss mar
riape illegal under the laws Of that soan-
trv. by reason Of both parties to 10 being
undsr lawful oge. Meantime Mrs. Finksl-
s,ein the first brought suit here for divorce
and ,limony. Judge Hsnt last week made
AS-A MI L>lutAir1 nae hiA HF0t VITA
$50 = month aliraony pending the suit n
$50 attorney fees.
The nrst months alimony had not bssn
paid yesterday when the time cams for the
case 70 be callses sna Jag: 0n,sn.
court the legality of tho order made BY
Judge Hunt. He recognized the binding
foroe of the order until 1t should DO passed
IN bv the supreme court. and adnitted that
the defendant was In contsmpt for not
having paid the first mon'h's alimony. II
desded bis property to his last wife IN 1890.
mt there was evidence that the dssd Of
%t,anafer vas properly and legally made.
The contention OF the defense Wa
thst the oomplainant must hist establish
her right to alinony by showing that sne
ana for divorce, In q case like this. whore
Ira ~defsndant denied that the complainant
vas liz wife. Judge Mcconnell held that
the order for alimony was illegal: ne
asked that the matter DO put of till Thurs-
day to give time to GET the matter before
'n Ja Savs1 Buck said that the amount Of all
mony had purposely been put very low
The woman was dependant on her own OK
q lions and needed tho money. Il finkel-
stein didn't have the money, he ought TO b
able TO raise II.
months and q half since the case was hlsd,
For various causes It had been put of, ant
the woman was in absolute want. 1t would
be some time before the supreme oour
could hear the matter. Meantime tn,
woman had nothing, and was thfeaseaee
with eiectme emit from her home.
Judge Buck said while there might b.
question as to the validity of tho order fol
alimony, yet II Finkelstein could raise sa'
money he ought to do IL. The case sOul'
be Continued TO Thursday by Finkslsseil
paying the $50. hs might pay It undo
p otest.
Lawyer strnnahan said that in view o
her necessities Mrs. Finkelstein was willinl
to accept 800 on account at this time.
Lawyer Mcconnell said HE sids would b
willing to pay $40 on account now. Iha
proposition had been made on the outsld
during the morning. :,
HE should Day $40. Your client Is IN COL
tempt. and the court has the power to MAX
him pay and oen commit him to Jail Blu
/ don't wish to Inconvenience him or you.
Lawyer Mcconnell said his side objecte
to the principls OF paying any alimony an
asked that tho matter be put Oh. the dc
fsndant meantime to %ostsnsibly remain !
the custody of the sheriff, uaNl . writ Q
hsbeas corpus could be gotten ont.
Judge Buck consented to modify matter
40 that Finkelstein should be virtually !
the custody of the sheriff, though no va
not to be apprshsndtd until 10 o'clock shi
morning. Lawyer Mcconnell then wen
oil to prepare the papers for the habea
corpus proceedings, and Mrs. Finkelstei
the first, after giving Finkelstein q piee
OF her mind. also went away. when !
thought the coast was clear Finkelstsi
also left the court house.