Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1894-12-06
JUSTICE rRIUMPHs.
Judge Mcconnell Would Not conaider Per
jured Testimony and Decides Against
Aaron.

FARGO, Dec 1.-The Hershfield case
is ended and the young bride of the
Montana millionaire has been de-
clared by a court of equity to be a legal
wife. Judge Mcconnell gave his decis-
ion, denying the application of Aaron
Hershfield for the annulment of the
marriage contract, Immediately at
the conclusion of the arguments OF
counsel. The decision was given
orally, the court stating that he did
not care to point out that testimony
that was unworthy of credence. The
plaintiffs claim, he said, that two
armed men forced him to accompany
the defendant to the Office of Justice
of the peace, where they were married
under duress, must be subst antiateds so
clearly that there was little room for
doubt, or it must be shown that the
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 Hershfeld was changed man,
but not to the extent that he
could be held irresponsible. He had
taken careful notice OF the evidence;
he had followed each witness closely,
and was confident he had lost no
point that would be of benefit to the
plaintiff, and he 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 demand, but
when he said: 81 deny the Decree"
the sigh of relief that went up swelled
to murmurs of applause. But outside
the court house, where nothing could
prevent, the jubilation of the crowd
cheer went up. Women who had never
seen the defendant until she came to
Fargo, pressed forward to grasp her
hand before leaving the room.
81 am happy woman again for
the first time in n year." was all she
could say.
Judge Mcdonnell this morning
struck from the records all the evil
dence of Jos. Bee relating to CONVEX
sations with Jake Holcberg. AS it was
not shown that the Hershfields au-
thorlzed the hiring OF perjured testi-
mony. Defense took an exception,
on the grounds that plaintiffs own
witnesses testified to having been en-
gagged by Holcberg, and thus the
agency was established. Bee is the
Helena gambler who came here as
witness for the plaintiff, but testified
for the defense.
Judge Mcconnell also decided not to
admit in evidence kilograms to or
from Hershfield at Helena and Fargo.
rs it was desired to close the case to-
day, and to secure these kilograms
would require several days.
l.. H. Hershfield, brother of plain.
tiff, this morning was put on the
stand, and denied the testimony oil
Mrs. Hershfield as to a conversation
with him in the bank on the day
Aaron left her; said Aaron had left
in the morning, and not in the after
noon, as defendant testified.
DIR. E. NJ. Darrow, president of tn,
board of insanity commissioners
gave expert tetimony for the defens,
on neurasthenia. Replying to hypo
thetical questions. witness and per
sons SO afflicted with neurasthenia a.
to be in the state Hershfield's testi
mony would show him to be, woul,
. suffer corresponding weakness il
memory and be unable to remembe
"details SO as to tell them month
; afterward. He said neurastheni
? could be simulated so as to deceiv
u even q physician.
In the afternoon Mrs. L. H. Herst
field, who appeared in court for tn
], first time, was put on the stan
for q few moments, denying parts {
the conversation with Mrs. Aaro
Hershield.
Closing arguments we're made an
hthan the iud0a daliverod hia dacisi,p