The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-09-24
The CASE DISMISSED.
The Charge Against Dentist Formel
Was Not Proved.

The case against Dentist A, A. For
mel and Clara Fray, who were arrest
ed some days ago charged with unlaw-
ful intimacy, on complaint of Formels
wife, was dismissed at the conclusion
of the preliminary hearing. which took
place yesterday afternoon before Judge
Terrell. At the our set for the hear
ing the police court chamber was
filled with a crowd of curious people.
who expected to hear a lot of nasty tes-
timony, but they were disappointed, as
counsel for the defense invoked the
statute prohibiting a wife from testi-
flying against a husband without his
consent, and as the wife, who was the
main witness, was not allowed to tell
her story, the part the crowd came to
hear did not come out. Previous TO
the hearin~. Miss Fray agreed with the
prosecution to go on the stand and tell
the story of her relations with Formed
If the case against her was dismissed.
but she changed her mind after the
case had been dismissed and refused
to testify. The hearing was character
lied as a continuous contest over legal
technicalities between opposing coun-
sci, and the court heard very little hut
a wordy war between them. Deputy
County Attorney Stivers appeared for
the state and Attorney John n. Kirk
for the defense.
At the opening of the hearing. Mr..
Stivers moved the dismissal of the case
against Miss Fray.
Mrs. Formed was called as tbe first
witness. but before she had given anv
testimony Attorney Kirk objected 10
her being allowed to testify against her
husband, basing his objection on those
sections OF the civil and criminal codes
which provide that a wife may not
testify against her husband. Mr.. Stiv-
ers contested the point, and after
lengthy argument, the court sustained
the objection. Mr.. Stivers then asked
permission to prove by the witness the
marriage relations existing between the
witness and the defendant. Mr.. Kirk
again objected and Mr.. Stivers offered
the marriage certificate in evidence.
Mr.. Kirk also objected TO this till the
instrument was identified. The wit
ness was dismissed for the time being
till the attendance of other witnesses
could be procured and Miss Fray was
called to the stand. Mr.. Kirk objected
to her testifying, but the objection was
overruled.
Miss Fray was asked If she knew
the defendant. and said she had been
acquainted with him since May last.
Were you in company with DIR. For
mel on or about the 14th of this
month"; Mr.. Stivers asked. Mr.. Kirk
again objected on the ground answer
ing might incriminate herself. The
court instructed the witness 10 answer
such questions as she chose, and Mr..
Kirk told the witness she need not re-
ply unless she chose. Mr.. Stivers pro-
tested against the attorney for the de-
Tense INTERPRETING such remarks. Mr..
Stivers repeated the question and the
witness replied she was not. She was
with him at the time of the arrest.
which she said took place in her room
in the Barnard block. When Mr.. Stiv-
ers asked IL she was the only person
occupied the room. Mr.. Kirk
again raised the point that the witness
not know what testimony would
to incriminate her and asked the
court to instruct her as to her rights.
Judge Terrell said she had already
been instructed and that she might an
such questions as she saw fit.
The question was repeated and the
answered no one else had occu-
pied the room. Mr.. Stivers next asked
II DIR. Formed ever occupied the room.
and she replied she did not care to an
swer. Mr.. Stivers asked next IL Or.
ever i've with her in a state
Of fornication. Mr.. Kirk again objected
and the witness declined to answer.
Mr.. Stivers asked the witness IL she
would state she did not live with Dr.
in such a state. She replied
she did not. She was asked If il was
not true she a stated in the presence
n witnesses that she had so lived. Mr..
Kirk objected and the objection was
1verruled. The question was repeated
and Mr.. Kirk told the witness she need
not answer. Mr.. Stivers again protested
this course. The witness said
she did not care to answer. The wit l