The Helena independent., 1894-12-02
The EUidcnce supports Her Claim
and the Court so Decides
The Case.
THE JUDGE LOST NO TIME.
When tho Lawyers Gut Talking Ho lmmo.
dlatoIy Gave His Decision Tor the
Vile,
AARON WAS NOT FORCED TO MARRY.


Fargo. Dec. 1.-The Hershnold case
is ended and The young bride ~ the
Montana millionaire has bccn declared
by court of equity 10 bc a legal wife.
Judge Mcconnell gave his decision, de-
nyiug the application of Aaron Hcral-
field for the nnnulmcnt of the marriage
contract, Immediately az the conclusion
OF the arguments Of counsel. The de-
clsion WAS given orally. the court stat
Ing that he did not care to point out
that testimony that was unworthy OF
crcdence The plaintiffs claim. he said.
that two armed men forced him 10 ac-
company the defendant 10 the office OF
"A justice Of the peace, where they mar
rled under duress. must De substanti-
ated SO clearly that there was little
room for doubt, or IL must be shown
that the plalntin's mental condition was
such that he WAS incapable of making
a contract. The first position he did
not think was clearly sustained. He be-
lieved Aaron Iiershfield was "A changed
man. but not To the extent that he
could be MD irresponsible. lie had
taken careful notice OF the evidence;
hs had followed each witness closely.
and was confident he had lost no point
that would be OF benefit TO the plain
tiff, and he saw no other way In Justice
Than 10 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 demand, but
when he said: II deny the decree.
the sigh of relief that went up gwelied
to murinurs OF APPLAUSE. But outside
the court house, where nothing could
prevent, the jubllatlon of the crowd
went up. Women who had never seer
the defendant until she came 10 Fargo
pressed forward TO grasp her hand be
fore leaving the room.
II am "a happy woman again for tn
| first time In year." was all she c0ul,
| say,
Judge Mcconnell this morning strucl
| from the records all the evidence of Jos
Bee relating 10 conversations with Iak'
Holcberg, as u was not shown that tn,
Hershnelds authorized the hiring oi
perjured testimony. Defense took al
exception. on the grounds that plain
tin : own Witnesses testified To- having
been engaged by Holcberg. and thus tn,
agency was established. Bee is ths
: Helena gambler who came here as wit.
ness for the plaintif, but testified foi
| lilf ufItllNfs
Judge Mcconnell also decided not tC
admit In evidence kilograms 10 or from
Hershheld at Helena and Fargo. as II
was desired 20 close the case to-day
and TO secure these kilograms would re-
uuire several days.
l.. II. Hershheld brother OF plaintiff
this morning was put ON the stand, and
denied the testimony OF Mrs. Hersh-
field AS 10 "A conversation with him In
the bank on the day Aaron left her
said Aaron had left I'm the morning. and
not In the afternoon. as defendant tes'
| titled.
DR. Il, NJ. Darrow, president OF the
! board OF insanity commissioners, gave
expert testimony for the defense on
neuresthenia, Replying To Hypothetical
questions, witness said persons 50 af'
| nicted with neurasthenia AZ to be n
the state Hershhelds testimony would
show him TO be, would suner cor
responding weakness in memory and b'
unable to remember details 50
as 10 tell them months afterwnrd. III
said neuresthenia could be simulated
so as TO deceive even a physician.
In the afternoon Mrs. l., n. Hersh
field, who appeared In court for IN
| first time, was put on the stand To-
n few moments. denying parts of th'
conversation with Mrs. Aaron Hersh
| field.
Closing arguments were made nnt
| then the judge delivered his decision.