The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-03-15
THEIR STORIES DIFFER.
Some Conflicting Evidence in the
Suit Of j. AFFORD Harvey
for Divorce.
The Husband Charges Verbal AS
sault and tho Wife Claims
Bodily Abuse.
A Jury In Judge Hunts Department or
the District Court win Decide
Which Is Right.

lASA0 WOO GA
tors and witnesses from the vicinity o
Wolf Creek and Craig in Judge hunts de
partment Of the district court yesterday tt
hear tho testimony in j. AFFORD Harvey
suit for divorce from his wife. Dora Har
vey. ]. w. Kinsley represented the hus'
band, and John Shober appeared for tn
wife. The jury selected to pass on tn
matter were Il. Il. Tandy. Abner Adams
Joseph Ladriere. N. II. Webster, NJ. j
Wall, Thomas Gilchrist. Homer Hewins
Gilbert Benedict, John s. M. Nsill, Swen'
Carlson, Porcy Kenrett and j. M. Moriarty
The plaintiff and the defendant each ocou
ped seats alongeide their respective coun'
sel. The woman is rather attractive look
ing, OF slender build, and gave evidence o
good education. The plaintiff is u younl
man of rather proposing appearances also
The couple had been living on a ranch nea'
Craig up to the timo they separated. The
evidence was Of a somewhat contradictory
nature.
j. AFFORD Harvey testified that he mar
ried the woman in April. 1883, and claimed
that since that time and up to June OF last
year she had been guilty of extreme cruelty
to him. The assaults complained OF were
mostly verbal. though on one OCCASION, he
said, she had threatened his life with a re-
volver. Another charge was that she drove
his mother from the house. and still an
other was that she executed q bill Of sale on
some property in order to raise money to
90 east. In June OF last year sbe left his
house and went to live with Edward 3.
Burnes at the Flowerlee ranch. Oscar L.
Darby, who worked at the Harvey ranch
for awhile, testified to Mrs. Harvey order
ing her husband to set the table for break
fast one morning. On his refusal she
threw a cup of coffee on him. burning
his right arm. A witness named Warren
testified that when Mrs. Harvey won't to the
Flowsree ranch, it was with the understand
ing that she was to do the cooking. John
Douglass did the cooking, however. except
when strangers were present. when he went
into the field and left Mrs. Harvey to do the
cooking. Ed Burnes slept in the office until
Mrs. Harvey came to the ranch, when he
took one of the bedrooms which had been
fitted up with new window shades. Mrs.
Harvey and her little child roomed together
at the Floweree ranch, and witness never
saw anything improper in her conduct.
Charles G. Knott testified that lie went into
the Office one day to find Ed Burnes on e MAJ
ter of business. Burnes was not there. He
called to Burnes and went to the door of his
bedroom. There he beard Burnes' voice
and also that of Mrs. Harvey. When the
door was opened he noticed that the win
dow shades we're drawn and the room
dark. There was some further testimony
in regard to an express package received at
Wolf Creek station addressed to Mre. i. 3.
Burnes, and claimed as belonging to Mrs.
Harvey. Burnes, it was in evidence. is a
single man. Mrs. Frances Harvey, mother
q Al v.-2. A1.k:a-l a. 10 - H.
sons ranch near Craig after his wife had
gone to the Flowerree ranch. The younger
Mrs. Harvey came to the ranch one day
and began abusing her husband by calling
him vile names. The mother took up for
her son whereupon the younger Mrs. Har-
vey seized a butchers cleaver and raised it
over her mother-in-law's head. The elder
of the women took the cleaver away. This
ended the testimony for the plaintiff.
Mira. Dora Harvey was called for the de-
Tense. She declared that she had always
been true to her marriage vows. Her testi-
mony was devoted principally to telling of
ill-tteatment on the part Of her husband.
On one occasion. she said, he had kicked
her little girl out OF the house and struck
her (Mrs. Harvey in the face, making her
nose bleed. On another occasion she de-
clared he held a revolver to her head Rnd
tried to force her to sign over property to
him.. He threatened, il she went to Craig
to make any compliant. he would shoot the
first man who came to the ranch. Once he
threatened to shoot her and then himself,
When asked on cross-examination what
were the circumstances leading up to this,
she said she did not remember. On fur
Their examination as to whether she recalled
how she was dressed at the time, she re
piled that she wore a terra Gotta dress, +,
t0que hat. and black undressed XII
gloves. Mrs. Harvey further testified that
lor hnahanH waa in1nlant and Aha
che had to pawn her watch an,
borrow money to keep the ranch going, anc
TO pay interest on the mortgage and TO
taxes. Some of the money was borrowed
from her counsel, John Shober. She de
MED the coffee throwing incident, and ha'
no recollection of being in Ed Burnes
room when the witness Knott called. Tn
express package incident she explained
thus: She had bought some goods in Hell
ena and ordered them sent TO +. i. Burnes
The shipping clerk evidently made a mis-
take and addressed the package to MIS-. u
Is. Burnes.
Judge Hunt adjourned the case for tn,
day before Mrs. Haryey's croas-examina