The Anaconda standard., 1895-03-03
DIDN'T FOOL THE COURT
DR.. SChmllhauSen Has Made a Pretty
Mess Of His Case.
HE THOUGHT HE WAS CUTE
But BY the Time the Law Gets
Through With His Affairs There
Won't Be Much TO Bring Him
Back to Montana.

BUTTE, March 2.-The noted case o.
Schmalhausen VS.. Schmalhausen came "a
sudden and sensational end i'm Judge
Speer's court this afternoon. Some years
ago DE-. Henry Schmalhausen, one OF
Montana's old timers, secured a divorce
on the grounds of cruelty. About a year
ago Mrs. Schmalhausen secured a reopen
Ing OF the case on the grounds that the
divorce was obtained by fraud and mis-
representation. A few months ago Judge
Mediation, during the absence of Judge
Speer. ordered the doctor to pay $50 on
the first of January and $50 a month
thereafter alimony for his wife and
| children.
An order to show cause why the doctor
should not pay permanent alimony had
| Deen set Tor hearing to-day and he had
| been served with a summons of the court
| TO be on hand, but he did not show up.
On the contrary, L. p. Caldwell, Mrs.
! Schmaulhausen's attorney, appeared in
court with several letters by the doctor
from Omaha to one of his daughters in
Bozeman. The letters stated that he in
tended to get the best of the courts and
his divorced wife by going away where
| they would never hear from him again.
| He said he had sold all of his Madison
| county property and he intmated that
alImony.
Notwithstanding the fact that his client
turned hIm mean trick, Judge Lippin-
colt was IN court TO protect the DOCTORS
rights, and objected to the introduction
! oil private letters into the proceedings,
and when tho court paid no attention to
his objections, he also submitted a letter
which he received from Schmalhausen to
show that he, too. was taken by surprise
by the doctors disappearance.
1he letter reflected seriously and un-
justly upon the court. 1t was written
from Omaha and dated Feb. 20.
This will no doubt be a surprise -
wrote the doctor, but / saw no other |
chance to avoid the torment. so sold ont |
everything had and am going where the |
wooiblne twineth. The property Mrs. |
Schmalhausen swore was worth $4,000 |
sold Tor less than 5000. had hard work |
to sell IT at that. There will be no appeal /
but do what you can to avoid judgment on
the main issue. But, whichever way it
goes, II VIII matter but little to me- as / |
shall never return to Montana or hold anv
property in my name elsewhere. Driven
from my home 10y the cruelty of my wife |
and eXlicd from the state by injustice |
have no longing to return"
The letter gave an account of n vreck |
of the train on which he was leaving the
country and his narrow escape from |
death After the judge had read it all,
he said:
That's mighty mean letter, to say
the least"
Mr.. Lippincott explained that he had
been unable TO hear from his client for
some time until he received the letter.
but recently he learned that he had sold
out his property at Pony and had gone
south.
"Well, what do you ask for in this case ?"
inquired the court, turning toward Mr..
Caldwell.
Mr.. Caldwell asked that the doctors
whole defense be stricken out; that Mrs.
Schmalhausen be given judgment for
everything she asked, and that the doctor
bo declared guilty of contempt
Judge Llpplncot objected and made
the point that the matter had not been
properly presen ed to the court.
Mr. Lipplncott, you will not be heard
further I'm this case" said the court, with I
a show OF lmpatience, "and you can nave
your EXCEPTIONS" he added.
lie then made an order giving Mrs. ,
ochmalhausen judgment for 1916, for the
money she paid out for the children dur
ing the past year. and for $3.50 as alimony O
iue under the order of Judge Mediation, Fl
lnd further that she should have $40 t
month as permanent alimony.
Mr.. Lipplncott tried To make another |,
point Tor his vamoosed client, but the | Il
court was not in humor to hear him. a
Judge Llppincott,' he said, "you stand | II
here and make plea for this man i'm tho =
ACE of that letter IN which he assails the /
|
IF the jurisdiction, and / will hear no
more of it,"
"le may come back" persisted the at
orney, "and lwant TO preserve his rights,
( he has any,
IF he does come back, said the court. Z
we'll attend to him them
We'll, give us the benefit of an excep-
ion, was the attorneys request. :
"Pdon't know that you are entitled even
o an exception and I'll allow none" was
he courts reply.
Then let the records show that wa
.sked for an exception and that it was
lenied."
BY this time tho court looked like n
hunder cloud. and turning TO the clerk l.
aid with vehemence: MIR. Clerk lei
he records show that tho defendant and
lis attorney were allowed no exceptions
II this matter" And this ended the d
case, which has been in is
he courts for about four years. e
Although the doctor said in his letters q
nat ne had sold his property i'm Madison | ~
ounty, II Is not probable that he has, for n
sale would be subject to the judgment l.
or alimony. which was filed in Madison n
ounty several months ago and acts as a al
len on The property. Mr.. Caldwell also o.
ook copy of to-day's judgment with ~
i'm and will file it, too, in that county. K,