The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-07-23
.F|NKELSTE|N'S FAMILIES.
The Matter of His Two Marriages
Comes Up in the Police
Court
A Divorce That Was Claimed to
Have Been Gotten in
Chicago.
II Was not Reg altar Windy City sspars.
tion but "Gher Given by -
jewish Rabbi,

Marcus Finkelstein was given prelimi-
nary hearing in the police court yesterday
on charge Of unlawfully living with Sarah
Ftnkslstein as his wife. while his legal
wife. Eva Finkelstsin. and five children,
were still alive. N. W. Mcconnell repre-
sented Finkelstein, while r. ]. Walsh rep.
resented the complaining witness. County
Attorney Nolan was present. TO assist the
prosecution. II was very warm in the
court room and tho lawyers shed their
coats. no disrespent to the coutt being in
tended thereby. Anyhow Judge Crutohsr
did not fine any Of them for contempt.
Miss Eva Finkelstein was the first wiz.
ness. She il shs complaining witness.
Judge Mcconnell began by objeosing 10 hcr
testifyinR to anything tending to show any
fact bearing on tho case. He claimed that
the Law made her incompetent ~ wit
ness without the consent of her husband,
except in case Of an injury committed by
one sgainst the other. Lawyer Walsh con-
tended that Finkelstsjn's desertion OF his
family was an injury TO the complaining
witness. Judge @. uteher said that a. this
was only . preliminary hearing he would
admit the testimony bearing on. the subject
OF marriage. Mrs Finkelstsin then testi-
fed that she and Finkelstsin were married
in the court at Potiska Russian Poland,
and afterwards at the synagogue there by .
rabbi. twenty 1.-TWO years ago. She said The
certificate Of the marriage was lost seven
teen Years ago while she was sick in the
hospital in Philadel phia, and when her
trunk and every thing else she had was sold.
Mrs. Finkelstein further testified that
three monshs after the marriage they came
to America. and lived at various times in
New York. Philadelphia, Cleveland. tt.
Louis. etc. Al times Finkelstsin was away
from her year or two at the time.
When she was living in st. Louis about nine
years ago. he returned to her and offered
her $50 TO 90 to Chicago with him and COZ
sent to divorce. He informed her at the
time that he had another wife and two
child,e She refused to consent 10 the
divorce and thinking be meant to desert
her, had him arrested. In court tho matter
was settled BY him agreeing to live with
and support his family. The day after this
settlement he left her. Five days later she
recsived T. ON Chicago notice that he had
secured a divorce from the rabbi. Both
she and her husband were IL years old
when married.
Esther Finkelstein. a prepossessing young
woman. testified that she was the daughter
of the defendant and the com planning wit
ness. She said she Fem" M bered her father
| Offering her mother $50 in 81. Louis to
consent to a divorce. and saying he had
another wife and two children else
whore. After her fathers arrest
in Chicago her mother told her
the matter had been settled and that he
was to live with them. The next day he
desefted them. Five days later came the
notice, written in Russian Polish. that her
father had gotten a divorce. Miss Fink
slstein said she came to Helena three
vears ago and stopved at her brothers
house about three months. Her object in
coming WAS TO sec what kind of man her
father was
Miss May Lawrence. who lived for shors
time in Finkelstein's family. was called to
establish the lelations existing between the
defendant and tho woman he is now living
with as his wife. Jos. Genzber9 was sworn
to translate the paper which Mrs. Finkel-
| stein received as ''Rhet" from the rabbi.
| IL was. she said, merely a notice that tbs
| "ghet" WAS coming. He said he believed
81 y, ars was the legal ago for marriage in
Russian Poland.
Neither side cared to argue the case. so
Judge Crutohsr said he was inclined to
think that a ciime had been com m tied
| against the laws OF Montana. He held
Fink0lstein In $500 hail for the action of
the district court. TIE bail was furnished.
II he is convicted the highest penalty is six
months in the county Jail and $500 fine.