St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-12-02
STILL HIS DARLING.
The Courts Will Not Permit
HershfieId TO Drop His
Wife.
A DECREE is DENIED HIM.
Judge Mcconnell Decides in
Favor OF the Wife With
out Delay.
REASONS SUCCINCTLY PUT.
Frequent Outbursts Of Ap-
plause During the Clos
ing Addresses.
REASONS SUCCINCTLY PUT.

FARGO. y. D., Dec. 1.-The Hersh-
held case is ended. and the young bride
Df the Montana millionaire has been de-
:lared by court of equity to be legal
Nife. Judge Mcconnell gave his de-
:isiOn denying the application of Aaron
Hershtield for an annulment of his mar.
iiage contract Immediately at the con-
rluSiOn of arguments of counsel. The
decision was given orally, the court
stating ii did not care to point out that
The testimony was unworthy of cred
ence. Plaintiff claimed, he said, that
two armed men forced him to accom-
pany the defendant to the office of
justice of the peace, where they were
married under duress. 1t must be sub
stanliated so clearly that there is little
room for doubt. or it must be shown that
plaintiffs mental condition was such
that he was incapable Of making a con-
tract. The first provision he did not
think was clearly sustained. He be-
heYed Aaron Hershfeld was changed
man. but not TO the extent that he
could be held to be irresponsible. He
had taken careful note of the evidence;
had followed each witness closely, and
was confident he had lost no point that
would be of benefit to plaintiff. and saw
10 other way in justice than TO hold the
Marriage Contract Valid
and deny a decree. When the Judge
commenced to deliver his decision not
soul stirred. The spectators leaned for
ward. anxiety depicted on every cOun-
tenance. The judge had warned that
there was TO be no applause, and the
crowd respected the command; but
when he said Il. deny the decree" the
sigh of relief that went up swelled to a
murmur of approval. which was prompt
Iy hushed by bailitfs scattered through
out the court room. Outside the court
house nothing could prevent the iubila-
lion of the crowd. Women who had
never seen the plaintiff till 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 all she could say.
The Morning Session.
John Mcconnell this morning struck
from the records all the evidence of
Joseph Bee relating to a conversation
with Jake HoIzberg, for the reason that
1t was not shown that the Hershfields
authorized the hiring of perjured testi-
mony The defense took exception on
The grounds that plaintiffs own wit
nesses testified they had been engaged
by HolZberg. and thus the agency was
established. Bee is a 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
the Rershfelds at Helena and Fargo.
for the reason that he desired to close
the case today. and to secure these tele-
grams would require several days at
least. L. II. Hershfield. brother of
plaintiff arrived from Helena last night.
This morning he was put on the stand,
and denied the testimony of Mrs.
Hershfield as to a conversation with
him in the bank on the day Aaron left
her. He said Aaron left in the morn
Ing, and not in the afternoon. as de-
fendant testified. DIR. Z. NJ. Darrow.
president of the board of insanity COM
missioners. gave expert testimony for
the defense on neuraSthenia. Replying
to hypothetical questions. he said per-
sons afflicted with neurasthena, so as
to be in the state Hershfield'S testimony
would show him to be, would suffer
corresponding weakness in memory,
and be unable to remember details so as
to tell them months afterward. He said
neurasthenia could be assimilated so as
TO deceive even a physician.
In the Afternoon
Mrs. l.. II. Uershfield. who appeared in
court for the first time. was put on the
stand for few moments, denying parts
OF the alleged conversation with Mrs.
Aaron Hershfeld regarding certain let
ters from Aaron which Della declared
were filcbed from her. Fred 3. Morrill,
opened the closing argument for the
plaintiff, reviewing the case from the
beginning, dwelling on the enfeebled
condition Of his client, the wiles to
which he succumbed, and the ultimate
marriage under threats against his life.
Col Nolan, the Montana Cyclone" as
he is ycIeyt, spoke an hour, and Mayor
Ball an hour, in closing for the defense.
Nolan's terrific denunciation of the
HershfeldS and their hired character
assassins, as he termed them, and his
scathing arraignment of a millionaire
who sought TO cast aside this fair young
girl, whom lie had made the plaything
of a few Idle days. were listened to with
breathless attention. When he spoke
OF the character of Miss hogan as
maid, and the fate that awaited her if
the whim of heartless man were to be
granted, the court room was flleo with
the s0bS of the aged mother and ladies
who have from the outset espoused the
cause OF the young bride. Col. Ball
has not yet recovered from his illness.
but the tremor IN his voice added to its
eloquence. He dwelt on the absurdity
Of the claim that this robust financier
who had seen half a century of years
Rmau Of the world had been
SedTvcd by This Girl
Of twenty. He called attention to the
fact that while the best people of Hell
Iatdod 4bo ba 0f h;c