The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-04-25
Butte Department.

! faithful husband toward her and has
| never connived at or encouraged any OF
her acts of lewdness. He also says he
has never condoned or forgiven any OF
her acts except those with Bozeman
and Russell. She is not a fit or proper
person to have the custody and care of
the child on account of her evil associ-
ates and habits and the plaintiff asks
that he be granted divorce and
awarded the custody of the boy.
In an affidavit and motion for an or
der for the immediate custody of the
child Kaltenbach related that the boy.
Roy Joseph, is the only issue OF the
marriage and the only child OF the
plaintiff. He asked for it's custody be-
cause the defendant is an UNIT person
to have charge of IL owing to her lewd
and vicious habits. On April 10, the
affidavit recites, the plaintiff first
learned of the defendants recent acts
of adultery with William Fent, and he
then told her he would not live with
her again. On April 20 he met her on
the street and she insisted that he
should walk home with her. which he
did and he then told her he intended
to get a separation from her as soon
as possible and would not live with
her under any circumstances. She said
she did not care whether he lived with
her or not but that IL he undertook to
obtain the custody of their child she
would fix" him, and that II he tried
to get possession Of the child through
the courts and by law she would kill
the child and herself. She had the
child in her possession at their former
home at 20 West Nevada street, and
she took in her hand bottle of laud-
anum and endeavored to pour some OF
the poison into a glass but was pre-
vented by the plaintiff taking IL from
her She also had a pistol or revolver
in her pocket which she showed to him
and again stated she would kill the
child, and that he should never get
the boy. Kaltenbach said he knew that
his wife keeps poisons and drugs in
her possession about the house and
that she carries a revolver, and that
she is usually In possession or the
means of carrying out her threat OF
killing the child. The defendant is OF
violent and irrepressible, desperate
and dangerous disposition, and the affi-
ant feared and in fact believed that II
the defendant were served with sum
mons in the action while she still had
the child I'm her possession and under
her control, and also had the means of
carrying out her threat, that she would
not hesitate to kill the child and then
kill herself, and he believed that the
life of the child was in danger at all
times with the defendant.
Kaltenbach therefore asked the court
to make an order directing the sheriff
at the time of serving the summons to
take the child and deliver him to the
plaintiff. or place him in the hands of
some proper and responsible person
until the further order of the court or
the determination of the suit.
The court made an order that the
sheriff at once take possession OF the
little boy, and owing to the representa-
tions made in Kaltenbach's affidavit
extra precautions were taken that
opportunity to carry out her alleged
threats, and two deputy sheriffs were
detailed TO serve the summons. Mrs.
Kaltenbach was found in her room
with the child and the officers were
rather surprised when she offered no
resistance whatever but peaceably sur
rendered possession of the child and
accompanied IL to the court house,
where the little boy was turned over to
Deputy Sheriff Hauswirth, who took
him home and will take care Of him
until the court makes some other or
der In regard to his care. Mrs. Kalt-
enbach denies many Of her husbands
charges and says she did not threaten
and had no intention of killing anyone.
John Swinton, mentioned in Kalten-
bach's complaint, is well-known
Butte printer. He denies that he was
ever in a Casino box with Mrs. Kalten-
bach or any other. woman at any time.
He has had but a passing acquaintance
with the woman and can't imagine
how Kaltenbach could associate his
name with that of hers.