The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-19
ANACONDA NEWS NJ: I!
SAYS He KICKED HER OUT
Mrs. Felthousen Makes Charges
Against Her Husband.
HE BEAT AND CURSED HER
Startling Allegations Made in Divorce
Suit Filed Yesterday-Mrs. Collier
Objects to a Compromise
OF Her Suit.

Because she says her husband knocked
her down, beat her. kicked her out of the
house and kept her out for three days,
Mrs. Miriam Felthousen thinks she is en-
titled to a divorce from Joseph D. Felt
housen, who owns a secondhand store at
20s Cedar street.
Mrs. Felthousen tells pitiful story of
marital infelicity in the complaint filed
for her yesterday by her attorney. ]. r.
Boarman. She was married to Felthousen
at Stevensville, this state July IS, 1897
In the brief course of their married life
she alleges he has been guilty of ex-
IRENE cruelty to her.
She claims that one day in October Of
last year, at their home on Cedar street
in Anaconda. her husband 'struck her
with his elenched fist with such violence
that the blow knocked her down; there
upon the defendant kicked her out of the
house and kept her from entering therein
for three days.
Oct Of this year he 'cursed and abused
her and threatened to kill her" according
to her story. Then she goes on to say that
on Oct. 10 of this year at their home he
''grasped her arm with such violence that
she involuntarily screamed from the great
pain it caused her, and the defendant be-
came SO violent in his demonstration Of
anger against her that she was compelled
to call upon the police of Anaconda for
protection.
During the last year Mrs. Felthousen
says her husband repeatedly has publish
ed false charges against her chastity, has
threatened a number of times to kill her,
has applied to her opprobrious, profane
and obscene epithetS, and by this means
''has created in her mind such reasonable
apprehension of bodily harm as interferes
with the discharge of her marital duties
and renders her life miserable and I'M
bearable."
In addition to all this, Mrs. Felthousen
claims her husband has been intoxicated
for three months and is incapable Of at
tending to business. They own the stock
of their secondhand store, which, Mrs.
Felthousen says. is worth $1,000 Her hus-
band threatens to sell this stock accord
Ing to her story.
On this representation Judge Napton is
sued an order yesterday restraining Felt
housen from attempting to sell or dispose
of the stock
In her divorce suit Mrs. Fvelthousen asks
that a receiver be appointed for the es-
Establishment. This matter will be heard
next Saturday.
The plaintiff prays in her suit to be al
lowed to resume her maiden name, Miriam
Mcintyre. She wants $3.50 ahmony and at
torneys fees.
In the bright lexicon of Mrs. Anna Col
ler there is such word as quit when
applied to a law suit. For four years she
has persistently prosecuted a suit NOM
tnally against john Fitzpatrick, who was
sheriff when the case started. Twice has
the case been through the district court
and twice through the supreme court.
On the 18th of this month c. NJ Sawyer
Mrs. Golfers attorney. made a settle
ment of the case. compromising it on 1925
iNtn tN 20. L. rtte
was then dismissed from the files of the
district court, where it has stood since
coming back from the supreme court last.
Oct IS Mrs. Collier filed affidavit in
support of a motion to reinstate the case,
declaring she had never authorized Mr..
Sawyer to compromise the case, and say
ing that she should receive from it more
than $1,000 instead of a paltry 1925. John
M. Kirk of Butte appears as her new at
torney in the litigation.
Yesterday Mr.. Sawyer came into court
with an affidavit in reply. He saws that
when the case was first started he took
it on a contingent fee, he to have half
of whatever was recovered and Mrs. Col
lier to pay all costs in advance This,
he claims, she has not done. On the first
trial in the district court the defendant
obtained judgment. The plaintiff S motion
for new trial was overruled and from
that ruling an appeal was taken to the
supreme court. Mr.. Sawyer says he ex-
pended $50 of his own money in going to
Helena and prosecuting the appeal which
resulted in the judgment being reversed as
to part of the cause, and costs to the
amount of $50 recovered by the plaintiff
OF this $42. so was paid to the clerk.
Again the case tried in the district
court. and, on the default of the defend
ant, Judgment against him was rendered
for 1925 and $500 The defendant moved
to set aside the judgment. was overruled
and appealed to the supreme court, where
the aftiant Sawyer, had to go again. The
supreme court set aside the default and
rcmanded the case to the district court.
Mr.. Sawyer goes on to say that his ser
vices have been well worth $3.50, and that
he has expended SIS of his own money in
the case for his expenses. Mrs. Collier
never paid or offered to pay any part of
them. He says he has received the net
sum of s2O5 in this settlement, of which he
has withheld sl0250 for his share and
holds the other $102. so for the h<neft of
Mrs. Collier
These statements are corroborated in an
affidavit made by J. c. Walsh, who was
associated in the case with Mr. SAWYER
The complaint was filed March l. 1895.
and in 1t Mrs Collier sets forth that on
Feb. l6, 1885, Fitzpatrick took the follow
ing described property, valued at q total