The Helena independent., 1894-07-18
BOTH WIVES WERE THERE.
The Famous Divorce Case OF finkle-
stein VS., FInklesteln
.. Now On,
Testimony as TO tho Poland Mar
riago and tho Many De-
sortlons,
IL Was ons Of tho wsddlaGs In whioh the
win OF tho Brides Parents
Prevailed.

OF the district court yesterday blfofe ths
following iuy; q. s. Muillsy. Edgar
Coulter, len Benson. W, NJ. DolliyeT, T.
n. Shape, J. 4. 0Ibsoh, ]. p. Latsob, y.
Z. DsCnmp, A. II. Clements. =. W. Combs.
Albert Frank and s. L.. Dyer. r. E.
StranhhAn appears for tho plaintiff and
N. W. Mcdonnell and Odeli Mcdonnell for
the defense. The plaintiff wants a legal
separation aud Glimouy. She claims mar
rlagO with Finkelsioin ia Russian Poland
twsniy-three yenrs ngo, anil that after
coming to this country ho at various timsa
deserted her. and finally. Afts' obtain
Ing 'gbsw or Jewish divorce from |
rabbi In Chicago. that he lsii
her 70 good, and married Sarah ElhbeTL |
with whom he is now living and by whom
ho has several children. Tho plaintiff !
claims Ave children ha the offsp ings OF ,bs
mar iaRe, -Four OF them, q young woman
and three lads, were In court during the
trial. The other child. n girl, II 10 alleged, |
was given away by tho husband du In q It's
infancy. finkelstoin's defense is that the
marriage twouty-thrss years ago was not a
legal one His second wife occupies a seat
neIt 10 him in oourt.
The on!y witness examined yesterday
was the plaintiff. Mrs. Eva FInkslstein,
and her testimony WAS not completed when
court adjourned. She testified that she
met Finkslstein while In Warsaw. through
a sle,ter sent hor by her par
snts. which he brought TO her.
He called on her steadily for siI months,
until she told him she did no, care 10 marry
him. Then her mother took her homs and
for three months Finkelstein called three
times day. Finally. In obedience 10 the
wishes Of her parents. she married him.
The wedding took place at the door OF the
synagogue. IN the presence OF abs friends
aid relatives Of both parties, on Christmas
falling on Friday the wedding
could not be In the synngoRue.
Four months Inter he wanted TO come to
America. Her mother did not wish her 10
come aud wanted Finkslstein to give her q
diyoIo which he refused TO do. He sold
out all their property and they stole
rough tho military lines and wen, 20
London, whore they lived a year m where
thei' eldest daughter was born. Then they
came to America, whers they lived at vari-
ous mes In New Yo X, Philadelphia aud
Cleveland. On one occasion he got her
bank book to buy n pair OF
ahoss and stat away for seven months
Du ing his absence their third child was
born. II was this girl, named Pau inr.
that plaintiff clnims FInkelsteln gave hwav
to some one while a psbs. Ths mother
BAys shc has never seen the child snro.
This occurred while she was sick in q hos
pitsl at Philadelphia, when her mnuta,p
certificate ami other papers we're lost.
AaF q MI ra.
turns. While Finkelstein was AWAY on onl
occasion their second b0n, Emanusl. was
be IN. When che wrote 90 Flnkslst IN ab lut
IL. ho sent her monsr, n pal o. ear ings 70
herself and clothing Tor ths lildreu.
Finally Finkelstein went to I. Lpusnnd
began business, and later sent for hls fam
lily. Soon after this hc cam, O. hl' wife
aud asked her TO consent to divorce Hs
ho had met another woman Aud married
her, and they had child en-. Thy could
not agree on the financial part OF the sep
ara'iou, and no troeurel to "1het" in
Chicago aud sent il 10 her. After that she
did not see her husband 70 10 yetrs
The paper procured In Chicago, with a
Translation of the "gbst," was introduced
Ia evidence. Judge Mcconnell wAnt,l time
10 examine the original, which Ia written
In the Hebrew language, and Judge Back
thought that counsel for plaintiff Jhold
NY toino lOt tue
before reading ii to ths jury. ! he cnss
was nt thi. point adjourned until to-day.
During bet testimony Mrs. Finkelstein
frequently wept. especially when sreaking
of tbs numerous dessrtions, anl OF the
child she had not seen sinoe it's infancy.
Application " shortly 10 bo made TO the
prpsident of the united States fo' ths req
turAtion 20 citizenship of Adolph EIsrt
formerly of q eat Fails. E2s ia case illus.
trntss the haishnea OF the law In soms
casrs. lie and another man were in the
saloon business in Great FSlls. When the
internal eyenne col eolor cams nround IN
1899 for their licenss tax money, Egert
stated thht hs had Civ II to his partner TO
phy, Int th latter had either lost o spent
the money. He promised to pay IL by the
frat day OF tho folowlnl month Beio
that time arrived some one of his Q, editors
attached tho saloon and Eg ri had no
money 10 pny the tax. II was arrest 4 on
tho charge of selling liquor withoat gov
b.nmsnt License. Wheu brought before
Judge Knowles he had 10 m0l to
ny lawyer and told hl' sturs a. given
above. entering plea of guilty. uudor
the circumstances there was nothing 10 do
hut TO impose sentence. The Roystnment
has cont act with the keeper, OF the pen
itentarT for the care of fedeI al prisoners.
Judge Knowles imposed n sentence Of one
month m Deer Lodge. Under the laws OF
this state u sentence to tho peuitentiaty
c0r,ion with It forfeiture of citizenship
righls. hs supreme court OF the United
States hhs sinc hsl1 that whore a sentence
Is foT lesa than u yeaf 10 muat DO IN county
jail, ami not In ptniteutlarT. Eqert's
sentence tu Deer Lodge was therefore ille-
gal. but M bo has no money TO test the
matte with, the courea OF applying to the
resident for "A Tsdto alton TO citizenship
was Cms3deTel tho must advisable under
All the ci Cum,iGnros
Thr 1T rly eaptl1H Hnd other sub flicsfa
OF MliiiRm Hugnn's In iuHlTinl army OF
/ Butt hgyu bosu rrloasoi from the county
/ / II, thti 10 una ot aittY DAYS for contempt
oi cjuft IN eglElng Northern Paciic train
having ~ ed. Hogan, tue Leader. who
wa, ~ wing sir mUuths sentence. will
probably make another application 30
dudlr k1ow,es for his release Wnen tho
! United otAies cou masts again. Hogan
mato auch m application few weeks aRo,
| bu; Judge Knowles shid lac would NOT ro-
eaio tho loader hs long hs any Of the fol-
lowers we're ia jail, Court IL aet for to-
mp low, hut us Judge kuuulos |, looking
aftrf hls potato crop aud other ranch prop
irrly 10 Will not bs he D., mud an adjourn
mont vii be or cred tn Aug. a.
/ Po tur 4 lie. Flank Y'li aud ID. Be 10.
all NATIVES Of lthy, ware nnlLrali1ed in
Judge lluuI. department Of the district
court ysste day,
! Tue supTsm, court will be in session to-
mutrow. aud Will probably take summer
rooess hitor that.