The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-12-02
rARGOMUCH PLEASED
,.nker Aaron Hershfield Fails
to Get a Divorce.
- couL o NOT PROVE HIS CASE.
IN. Hsrshnsid, ths RsvsseutsA We
-, Congratulated ~ Strangers
Whs sympsshize with Her.

x.,eo. 6. D.. Dec. 1.-The Hsrshfield
- 4 srdsd, and the 20 ung bride OF the
s<..,sns millionaire has been declared by
eours Of equity TO be . legal wife.
$40 McCon nell gave the decision,
x.svipe the application OF Aaron
r..h6eid for the annuiment of
= marriage contract, Immediately At
:. eonelusion Of the arguments Of the
~nsssl. The decision was given orally,
- eours stating that he did not care 70
..,s. out that the testimony was IN
sorthy Of credsncs. The plaintiffs claim.
!. MD, that two armed men forced him
!, accompany the defendant 10 the Office
4 : Justice Of the peace, where they
..rs married under duress must be sub
ss.asjstsd 30 clearly that there was little
- for donbt, or Ii must be shown that
~ plsintif''s mental condition was such
al he was incapable OF making q con-
sr.et The first position he did not think
- clearly sustained. He believed
troa Hershdeid was . changed
rsa but not to the extent
ths: be could be held irresponsible. He
hi saken she evidence; he had followed
s.ea witness closely, and was confident he
k,1 iost no point that would be of benefit
o ths plaintiff and saw no other way in
yussics than to hold the marriage contract
Mid, and deny the decree.
The Judge had warned the spectators
lat there was TO be no applause and the
covd respected the command, but when
h said III deny the decree" the sigh of
rIisf that went up swslled to murmurs of
spplsuse.
Bat outside the court, where nothing
esuld prevent the jubilation of the crowd,
women who had never seen the defendant
10 grasp her hand before leaving the room.
Il Am happy woman again, for the first
nns In . year" was all she could say.
Judge Mcconnell this morning
ssrack from the records all the
ssidsncs of Joseph Bee relating to
sonversations with Jake Holsbsrg, a. IL
vss not shown that the Hershhelds au-
shorissd the hiring of psrjursd testimony.
The defense took an exception on the
ground that the plaintiffs own witnesses
ssssifed to having been engaged by Hols-
berg. and Tins the agency was established.
Bssis . gambler. who came here ~ . Wit
ness for the plaintiff. but testified for the
dsssnse. Judge McConnell also decided
rot 10 admit in evidence the kilograms to
or from Hershfield at Helena and Fargo,
q II VAS desired 10 close the case today,
and TO secure these kilograms would re-
quire several days.
l. Ii. Hsrshfield. brother of the plain
tiff. Was put on the stand and denied the
testimony Of Mrs. Della Hershfield as to
the conversation with HIM in the bank on
the day Aaron left her. He said Aaron
had left In the morning. and not In the
siternoon. as the defendant testified.
Dr. E. NJ. Darrow, president Of the board
d insanity commissioners. gave expert
astimony for the defense on neurasthenia.
Eplying to hypothetical questions, wit
sss said persons afflicted with neurasths-
sa ss to be an the state Hershheldis testi-
nony would show him to be, would suffer
eotsesponding weakness in memory and
be unable to remember details so az TO tell
them months afterward. He said neuras-
sAenla could be simulated SO 40 to deceive
Gen physician.
In the afternoon Mrs. L. III. Hershfield,
Who appeared in court for the first time,
vas put on the stand for . few momsnts,
denying parts of the conversation with
Mrs. Aaron Hershfeld. The closing ar
guments were made. and then the judge
delivered his decision.