The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-26
PECULIAR ALL THROUGH
The Vance Family Troubles Dis
close a New Thing.
ONE ATTORNEY FOR BOTH
He cur a Divorces for the Wife and
Appears in the Suit to Secure the
Custody OF the Child for
the Husband.

A case involving what might appear
like peculiar law practice was tried in
Judge Lindsay's department OF the dis
trlct court yesterday. Attorney I. c.
Bachelor was plaintiff and Albert A.
Vance. alias Charles A. Bates. of Liv-
ingston. defendant. Bachelor sued for
800. claimed to be due him for SER
vices performed by him as attorney
for Vance in some supplementary pro-
ceedings in a divorce case. The evil
dence did not show how Vance came
by his alias of Bates. but IL did show
that his wife came to Butte a year or
so age and brought suit against him
for divorce The case was transferred
10 Park county for trial. or on Nance's
application for a change of venue.
Bachelor went to Livingston and repre-
scented Mrs. Vance as her attorney at
the trial. A decree of divorce was
granted and the custody of a child was
divided between the mother and faith
er. each to have the hild three months
alternately. At the request of the
Judge. Mr.. Bachelor agred to keep both
parties Informed as to the
of the child. After Mr.. Bachelor had
successfully fought the case for his cli-
ent. Mrs. Vance. and a secured the
pdTlldl CUSTODY OF the CUllu lOT ntf. nc
returned to Butte.
About a month later Vance came to
Butte and consulted Mr.. Bachelor about
trying for "A modification of the decree
that the child should be awarded ex-
clusively to him. He understood that
the woman had left and was about to
leave the jurisdiction of the court and
take the child with her. He paid the
attorney a s25 retainer and promised
him 800. saying that he would give ev-
erything ne had TO get his child back.
Mr.. Bachelor went To work on the case
and prepared a number of afidavits In
p of a motion for a modification
of the decree of divorce to show that
the woman had left the state. The
woman was traced to Deer Lodge and
from there TO Seattle. Vance followed
her and at Seattle learned that she had
gone to Alaska. He proceeded to Skag
uay. where he discovered that me had
been misinformed n returned 10 Sc
attic. where he found Mrs. Vance and
the child. He got possession of the lit
Gle girl and brought her back to Liv-
ingston, where she now is.
Upon the strength OF the facts stat
ed and the affidavits prepared by At
forney Bachelor the court at Living
ston modified the decree and awarded
abe custody OF the child To the father.
Mr.. Bachelor drew uD the modified de-
" lAAh ~ - - N'tA
and when he demanded his 800 fee.
vance refused TO pay IL and employed
Campbell a Parr TO fight the suit
which Mr.. Bachelor brought.
The defense offered at the trial yes
terdsy WAS that the contract between
Bachelor and Vance was illegal and
the only testimony that was offered by
the defense was the court record Ia
show that Mr.. Bachelor had appeared
as attorney for Mrs. Vance about the
same time or shortly before he APP
pearcd for Vance. An objection was
made to the testimony offered by At
torney Parr. but the court ruled that
the testimony was competent and sub
sequentiy sustained a motion TO in
struct the jury 20 find a verdict for
the defendant for costs. Referring 10
Mr.. Bachelors appearance for Vance
after ne had acted a. attorney for Mrs.
Vance. the court said such employment
seemed TO be positively prohibited by
section al OF the cOde of civil proceed
ure. and that the fact the employment
of cOunse bv the plaintiff i'm the di-
yorce Ease had ceased was immateriaL.