The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-10-28
4 SHORT time IN JAIL.
Finkelstein Is Taken There Under
the Order Of Court for
Contempt
He Had Secured . Postponement
and Thought He Was
Free Man.
Placed Under Arrest Again He Secures
bonds which Give Him His Liberty
Until Monday.

Max Finkelstein spent = few minutes In
|she county jail yesterday afternoon 40
sequel 10 his vigorous objections 10 paying
nlimony to Mrs. Finkelstsin the hrst.
Early In the wssk Finkelstein was before
Judge Buck TO explain why he had not COM
piled with the order Of Judge Hunt TO pay
his hrst wife $50 q month alimony during
her suit for divorce. His counsel *
planned that Finksistein objected to paying
any alimony until Mrs. Finkalstein had o.
tablishsd her right to sue him for divorce;
in other words. he denied the legality OF
the marriage, clsiming that both were
under age a. the time. His lawyer. Judge
N. W. MoConnsll. told Judge Buck Il vas
his intention to apply to the supreme SQUIRT
for a writ Of habess sorpus TO test the To-
gality Of the order for alimony. Ia put
tho proceedings in proper shape. Judge
Buck committed Finkslstein TO the custody
OF the sheriff for contempt of court IN not
obeying Judge Hunts order, but directed
that tho confinement be only technical
until Thursday morning. to givo Law
yer Mcconnell time to prepare his
writ OF habeas corpus. On Thursday
morning a further delay of \ day was
asked for, and Judge Buck again consented
10 let the commitment DO only technical
until yesterday. The r~rocesdings came
up before the supreme court yester-
day. Lawyer Sttanahan was there
representing Mrs. Finkelstein the
frat, and accompanied By her eldest
daughter. Finkelstein and his counsel,
Lawyer Mcconnell, were also there. After
examining into the matter. II was suggested
that the proper way to have the proceed
inRs reviewed in order to test the legality
OF the order for alimony. was to have the
matter brought up on Il writ of certiorari,
requiring Judge Hunt to how cause why
he had made that order. Tn case was
such, il was suggested. that If the supreme
court should grant the writ of habeas
corpus, the order declaring Finkelstein in
contempt would still be in force. and the
prisonmcpt. Lawyer Mcconnell obtained
until Monday to apply for the writ Of Ger
ito ari, though Lawyer +. t anaban objected
to the continual delays which were keeping
Mrs. Finkeistein the Il st out Of her ali
mony. when she was in need OF the money.
When this postponement was obtained,
Finkelstein left the court house in a happy
frame OF mind n started toward his
home. On the way he stopped to converse
with a TREND. Meantime Under sheriff
Hoss had consulted with Judge Buck as TO
what should be done in the matter of the
commitment for contempt. Judge Buck de-
clined to interfere further in the exercise
Of clemenoy by allowing Finkslstsin to re-
main ut large while ordered to tho sherih's
custody. Hoss sent q deputy after Finkel-
stein. The deputy found hin talking to
| his friend and escorted him back to the
court house.
Then began another struggle to keep out
Of the county jail. but tho under sheriff,
realizing that as an officer of the district
cou t he was bound to obey it's orders,
He had not been thore very long, however.
before a bond was IN ;nished, for his ap-
pearsnce, and he was let so until such time
as it shall be decided by the supreme court
whether the order, for disobeying which
Finkelstein was committed, was legally
made.