The morning call., 1894-12-02
Is HIS LAWFUL WIFE.
Miss Hogan Did Not Coerce the
Millionaire HirSchfeld.
She Was Legally Welded to Him
and so She Cannot Be
Shaken Off.

FARGO, n. Dak., Dec. 1.-The Hirsch-
field case Is ended and the young bride of
the Montana millionaire has been declared
Dy court OF equity 10 be a legal wife.
Judge Mcconnell gave the decision deny
Ing the application of Aaron Hirschfeld
Tor the annuiment of the marriage con-
tract Immediately at the conclusion of the
arguments of the counsel The decision
was given orally. the court stating that
he did not care to roint out that the testi-
mony was unworthy Of credence. The
plaintiffs claim. he said, that two armed
men forced him to accompany the defen-
dant to the Office of a Justice of the Peace.
where they married under duress, must be
substantiated so clearly that there was
little room for doubt. or 1t must be shown
that the plaintiffs mental condition was
such that he was incapable Of making a
contract.
The first position he did not think was
clearly sustained. He believed Aaron
Eirschfeld was changed man, but not
to the extent that he could be held ire
spOnsible. He had taken careful notes of
the evidence. had followed each witness
closely and was confident that he had lost
no point that would be Of benefit to the
plant tiff. and saw no other way in justice
than to hold the marriage contract valid
and deny the decree. The Judge had
warned the spectators that there was to
be no applause and the crowd respected
the command, but when he said, 81 deny
the decree" the sigh of relief that went
up swelled to murmurs of applause. Out
side the court, where nothing could pre-
vent the jubilation of the crowd, women
who had never seen the defendant until
she came to Fargo pressed forward to
grasp her hand before leaving the room.
Il am happy woman again for the first
time in year." was ali she could say.
Judge Mcconnell this morning struck
from the records all the evidence OF Joseph
Bee. relating to conversations with Jake
Holzberg. as not having shown that
Hirschfeld authorized the hiring of per-
iured testimony. The defense took ex-
ception, on the grounds that plaintiff s
own witness testified TO having been en-
gagged by Holzberg. and thus an agency
was established. Bee is an Helena gam
bier. He came here as witness for plain
tiff, but testified for the defense. Judge
Mcconnell also decided not to admit in
evidence kilograms to or from Hirschfeld
at Helena and Fargo. as it was desired to
close the case to-day. and to read the tele-
grams would require several days.
l.. Hirschfeld, brother of the pl tiff,
this morning was put on the stand and
denied The testimony OF Mrs. Hirschfeld as
to conversation with him in the bank on
the day Aaron left her. He said Aaron
had left 10 the morning and not in the
afternoon as defendant testified.
DIR. E. M. barrow, president of the
Board of Insanity Commissioners. gave ex-
pert testimony for the defense on neu-
rasthenia. Replying to Hypothetical ques-
lions, witness said persons so afflicted with
neurasthenia as to be in the state Hirseh-
fields testimony would show him to he
would suffer corresponding weakness 10
memory and be unable to remem Der de-
tails so as to tell them months afterward.
He said Beurasthenia could be simulated
so as to deceive even physician.
La the afternoon Mrs. L. FL. Hirschfed,
who appeared in court for the first time,
was put on the stand for few moments
| denying parts or the conversation with
| Mrs. Aaron Hirschfeld. Closing argu-
ments were made and then the Judge de-
| livered his decision.