The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-01-06
THEY MADE THE FUR FLY
Attorneys Who Don't Think Much Of
Each Other.
CALDWELL TOOK THE TRICK
The Old Familiar Schmalhausen
Case Crops Up Again In the
District Court of
Silver Bow.
TOOK THE TRICK

BUTTE, Jan. 5.-There was an unusually
lively proceeding in the district court
this morning when the Schmalhausen d.
vorce case came up before Judge McHat-
ton on motion OF the doctors to set
aside the order of tho court made last
Saturday requiring him to pay certain ali
mony for the benefit of his children, who
are now in the custody of his divorced
wife. The order was made in the absence
of Mr.. Lippincott, counsel for DIR. Schmal-
hansen, and therefore in default, and the
motion heard this morning was based on
Mr.. Lippincott's allegation that he had
been taken by surprise through the fraud
practiced on them by Mr.. Caldwell, coun-
sci for Mrs. Schmalhausen, who, they al
legged, had the matter called up and passed
on in their absence after he had consented
TO let the case 60 over.
Mr.. Lppincott, one of the doctors ats
torneys, made an affidavit to the effect
that he had received note from
Mr.. Caldwell on the day, and
prior TO the hearing of the petition,
for alimony, requesting Mr.. Lippincott to
draw up the stipulation for a continuance
and send il 10 him at Bozeman, from
which it was to be inferred that the mat
ter was TO he continued.
Mr.. Caldwell replied to tho charge of
fraud made by Mr.. Lippincott, and said
that the least he could say was that 1t was
unkind, in Wow of tho fact that he made
eight trips from Bozeman 10 Butte before
he could get hearing on the motion for
alimony. lie called the courts attention
TO the fact that Mr.. Lippincott was pres
cnt in court when the case was set Tor
hearing, and that he agreed to 1t. Mr..
Caldwell also made an affidavit and de-
MED that he consented to further post
ponement. and on tho contrary emphati-
cally told Mr.. Lpplncott that he should
insist on hearing when the motion was
called up. Caldwell said that tho note
sent by HIM regarding the drawing up of
n stipulation referred To the taking OF ALL
davits in Madison county, and for nothing
else. The attorney said the note sent 10y
him was not given to Mr.. Llppincott until
the next day after the hearing, and there
fore his claim that he was misled by II
the day before was frivolous, and showed
that II had no reference to "a continuance
of the hearing, but that II referred to an
entirely different matter. MIR. Caldwell
grew excited in retuting the charges of
sharp practice.
at probably goes without saying,n he
exclaimed, "that there is n popular mania
to accuse me of sharp practice when they
have nothing else To stand upon. They
come into court aud think that by abus-
ing me they can sustain their case which
tSelI mas no merit. OIulnATlly lucT mo-
ton would be perfectly ridiculous, yet VIC
are compelled TO come 100 miles TO an
swer it,"
Mr.. Caldwell referred to the trouble he
has been IN with a Helena attorney, which
resulted in disbarmcnt proceedings
against himself, and said something
about young man who had been IN the
penitentiary appearing IN the matter
against HIM. lie said that he appeared
at q great disadvantage IN the present
case, but he owed duty To his client and
her children, who were in actual want,
and he intended to do the best no could
for them. lie did not ask cent for Mrs.
Schmalhausen, but he did maintain that
the father should be compelled to support
and educate his little children. Mr..
Schmalhauseu has employed additional
counsel TO keep his children in want.
land he has come into court and sworc TO
things that the records show to be absO-
lutely false
Mr.. Lippincott replied to Mr.. Caldwell
and said that the latter had made state
ments regarding the alleged stipulation
that were also absolutely false, and then
some harsh words passed between the at
torneys and the court stopped them.
In ruling on the matter Judge Mediation
refused TO set aside the order requiring
the doctor To paw $50 into court at once
and $50 on the first OF each month, and
also reviewed the former proceedings in
the case 10 SHOW NuAN dT. dNlWclls &C
tions had been honorable and proper
The court said that it was only the legaI
phase of the matter that had 10 be deter.
mined and he was not disposed TO try the
attorneys. What they had done or failed
TO do had nothing to do with the case
The Judge said II was we'll for the attor
neys TO remember that the court was en-
titled to some respect and that II had
some right and power TO make orders. II,
said that when the matter was set FOL
hearing for last Saturday afternoon boil