The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-20
BARBARA IS WINNER
The Lamuth Divorce Case Decided in
Her Favor.
AN INTERPRETER REQUIRED
Osterman Thought the Proceed
Ing Was All a Joke. But He'll
Learn The Woman Is
Given the Children.
AN INTERPRETER REQUIRED

The trial OF the divorce case of John
Lamuth against Barbara Lamuth was
resumed in Judge McHatton's court
yesterday morning, and resulted in a
verdict for defendant. The plaintiff was
on the witness stand for cross-examina-
ton. He said his wife first told him
on the 14th of last November that she
had committed adultery with Peter
KootZe and loved him best. He then
left her and did not return until Jan.
IL, when he asked her to be his wife
again and cook his meals for him, but
she would not do so.
Joe Simonich testified that Mrs. La
muth was in the habit of visiting
KootZe in his room.
Constable James w. Kennedy of
Walkerville testified that Lamuth ask
ed him one night to go to the house to
see who was in the house with Mrs. La
muth. The constable did not go into
the house, but he heard a mans voice
inside and the man did not leave the
house between II o'clock at night and 6
o'clock in the morning.
Peter Osterman was called as a wit
ness, but failed to respond, and sent
wor dthat he couldn't leave his work
long enough to attend court. An at
tachment was issued for him and upon
Mr.. Lindsay's statement as to what he
expected Osterman to prove, court ad-
1ourned for half an hour to await the
return of the attachment. Mr.. Lindsay
said he expected to prove by Osterman
that the latter had a conversation with
Kootze in which the latter confessed
improper relations with Mrs. Lamuth.
Osterman also saw a note from Mrs.
Lamuth to Kootze in which she ad-
dressed him as MY Dear" and said
that If he wished her to come to him.
she would sell the houses and fly to
him.
Osterman, when court reconvened,
testified that he had a conversation
with Kootze about the latter's relations
with Mrs. Lamuth, but the court sus-
tanned an objection to the testimony on
the ground that a conversation with a
person not a party to the suit was not
admissible. The testimony regarding
the note was also ruled out, and the
witness was excused, but the judge or
dered him to remain in court, as he had
some business with him regarding his
failure to respond to the subpoena.
Constable Kennedy was recalled and
testified that he met Kootze a few
weeks ago, and Kootze asked him when
he was going to watch the house
again.
Mrs. Lamuth was the first witness for
the defense and testified through an
interpreter. She denied ever having
had any improper relations with Kootze
and said her husband left her i'm Min
nesota in November, 1894, came to Mon
tana and has contributed very little to
her support since. In July of last year,
after they had parted, she was living
with her brother-in-law at Meaderville.
Her husband appeared on the scene
with a knife. He said he was going to
kill her and sharpened the weapon on
a grind stone. After he got a good,
sharp edge on the weapon, he chased
his wife around the yard and threaten
ed to cut her into shoe strings. Her
sister interfered and drove Lamuth off
with a piece of stove wood, and Mrs.
Lamuth got away. The witness said
that since her husband left her, she and
her children had been partly supported
by the county.
Did your husband ever send you any
money!" asked Mr.. Kirk.
No; but he came down and whipped
me once in a while
She also said that he taught the chill
dren to call her bad names; and at an
other time he kicked her on the hip,
and hurt her so that she was lame for
some time. He left the house and re-
manned away for a long time and re-
turned one night and found her in bed.
He called her vile names and then he
jumped on her with his feet and kicked
and beat her and accused her of i'm
proper relations with other men. Mrs.
Lamuth denied that she ever told her
husband that she was criminally init
mate with Peter KootZe, but one night
when her husband chased her out of
bed she said she would sleep in the bed
occupied by KootZe and another man,
but she didn't.
The cross-examination of Mrs. La
muth was conducted in such plain and
pointed language that several women
spectators raised their hands i'm horror,
let out several EXPLANATIONS and then
.s.xse -
Mrs. Lamuth denied that she got drunk
or that on one occasion she made an in
decent exhibition of herself to her hus-
band.
When court adjourned for the noon
recess the Judge called Witness Oster-
man up for an explanation. He talked
English brokenly and said he did not
obey the subpoena because ne was
afraid he would lose his job.
Were you not afraid also that you
would be fined for not obeyi1g the
order of the court?" asked the judge.
Yes; / was"
But you thought you would take
chances on that?"
Yes"
Witness" said the judge, turning to the
clerk. land he will be in charge OF the
sheriff until the fine is paid. Perhaps
this will teach him to obey the orders
of the court in the future"
Several friends came to Osterman's
rescue and paid the fine and he was
discharged.
At the afternoon session of court
Mrs. Lamuth continued her testimony.
Mr. Callahan asked ner IL the man
Kootze did not give her money and
contribute to her support.
He gave me no money or anything
of that kind" she said. 'and / don't
want him"
In answer TO every question Mrs. La
muth entered into a long argument
with the interpreter.
stop that talk; stop that talk" said
he court.
The witness was asked If Lamuth
had not decided TO her a house and
other property worth 5000 from which
she was deriving $50 month rent.
Work. work" she said; II work all
the time"
After the question was explained