The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-10
FLORA CUSHING WINS
Her Husband George and Her Daughters
Lose Their Case.
THE COURT SAYS SHE is SANE
Jury Venire Drawn and No One
Was Slighted-TheR Real Estate
Transfers and Personals at
the County Seat.

Special Correspondence of the Standard.
Deer Lodge, Nov. 9.-The notorious
Gushing case was again aired in the dis
trict court to-day The admission of the
testimony of George Gushing was the
chief bone of contention. Attorney j. III.
Duffy objected to his testifying on the
ground that the law forbids the husband
testifying against his wife or the wife
against the husband without the consent
of the other. excepting in a civil or GRIM
inal action by one against the other.
This proposition was argued at length
and the court ruled that he would hear
the ptitioners testimony and afterwards
exclude II IL he deemed 1t proper 10 do
so. The petitioner, George Gushing, then
to took the stand to show the incompe-
tency of his wife to manage business al
fairs or to be entrusted with the care
and custody of the children. He denied
that he was shiftless and dependent upon
his wife for living, but that he worked
continuously at remunerative wages
while in Anaconda and gave his check
monthly for the maintenance OF the
home until he was compelled to leave
and seek employment elsewhere. While
on a visit to the city of Montreal about
a year ago he said his wife had called to
see him and that reconciliation was Ell
fected with the understanding that they
should return to their home in Montana,
commence life again anew and that
neither one should ever refer to their diff
ferences again. This reunion was of
short duration and inside of a week hos
tilities were renewed in the household.
Flora Cushing, the respondent, took
the stand in her own behalf, and in a
broken dialect she gave a graphic de-
scription of the causes that led to the es-
trangement She said that FOR a number
of years she alone provided for the home
and paid for the education of the child
rem, and that her lord and master was
simply figurehead.
At the conclusion of the testimony the
court denied the petition of Cushing for
the appointment of guardian for his
wife and ordered the costs of the case to
be taxed to him.
When the venire jury for the Novem-
Der term of court was drawn last Mon
day the jury box contained nearly 1000
names of taxpayers, all written on sepa-
rate ballots. The drawing was conducted
by the clerk in open court and the law
now places so many safeguards about
the selection of Juries that even the
clerk is not aware of the name drawn
until he is about to announce II to the
court Those who were overlooked in the
draft are assured that II was an impair
tial affair and no slight intended. There
were 80 drawn and summoned to appear
Monday next at 10 a. m. They are as
follows: Frank Strickfaden, e. b. Rich
mona, George StOll, JOsepu rourhc' ~
p Staffanson, s. ID. Root, Roger Small,
Charles Roman, John d. Rom, Jacob
Stuckey, II. Redmond, John Scoville, Jo-
seph Steiger p. c. Sullivan, all of Ana
conda Charles Rice and John Richards,
Washington Gulch; Henry Reece and w
F. Delamater. Helmville; Robert Reid
j. b. Reeve, Clayton Ramsdall, John Nc
Mahon and w. w. Reid, Deer Lodge; Jo-
seph Rositch and Emerson Sowles, Pho
neer; Jerry Ryan, Race Track; John
Rainfall, N. Roach and N. A. Strand, Ell
liston; William Robinson, Lincoln, and
Joseph Sturgeon, Drummond.
The court calendar will be called again
on Monday.
Miss Alice Doran returned to-day from
Helena, where she has been visiting
friends since Monday.
Alex Devine and ]. A. Schroeder of An
aconda were in Deer Lodge yesterday or
court business.
County Attorney w. H. Trippet is ir
Helena to-day attending to cases coming
up in the supreme court.
J.. f. Hundley, Northern Pacific agen
at Garrison, spent few hours in town
last evening.
Attorney T. O'Leary was in town yes
terday looking after the interests of his
client, Claus Oldhaber, who was ar
raigned in court on the charge of assault
with intent to do bodily injury. He en-
tered a plea of not guilty and the tria
of his case was set down for this term.