Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-02-25
A NEW COMPLAINT
In the Bordeaux Divorce Suit
Filed Today.
THE DEFENDANTS COUNSEL
Fought Hard to Prevent 1t, But
Failed-.SOme Sensational
Allegations.
THE DEFENDANTS COUNSEL

Judge Clancy held a session of court
this morning and disposed of an unusual
ly large grist of legal business. Among
other things he heard the arguments in
the matter of the motion Of John r. Bor-
deauX to file an amended complaint in his
suit for divorce against his wife, Ella F.
Bordeaux. In his original complaint he
asked for a decree of legal separation on
the grounds Of desertion, but in the
amended document both desertion and
adultery are charged. Attorneys G.. w.
Stapleton and John b. McClernan repre-
scented Mr.. Bordeaux, and Attorneys Nc
Hatton and Cotter the defendant. In pre-
sentirg the matter to the court Mr.. Nc
Clernan stated that the other side would
doubtless take he stand that the COM
plant was being changed, but the allega-
ton would be wrong, for the change con-
sisted of an addition. He cited several
authorities to maintain his position.
An affidavit the contents of which
were to the effect that since the first COM
plant was filed new evidence had been
discovered accompanied the amended
complaint.
Mr.. Stapleton followed Mr.. McClernan.
! In substance Ire Sdlu HAT IO tdl III thC
union possessed as liberal a statute as the
state of Montana, and had the complaint
not been subject to amendment under the
laws relating to such matters, every allie
Cation known in the retinue of divorceable
material could have been used IN the or
iginal complaint.
]. J. Mediation argued for the defense
in opposition to the amendment, but at
the conclusion of his remarks the judge
granted the motion and the amended
document was filed. The first section of
it was the same as theo original document,
but the amendment was something entire
ly new. 1t was as follows:
THAT the defendant, Ella +. Bordeaux,
did, on Cr about the LIST day of the month
Of September 1891, in a room in what was
then and is now known as the old Ows-
lev building ON the north side of West
Park street. commit adultery with some
man whose name is to plaintiff unknown
ard at various other times at the same
place, the particular dates of which are
unknown to plaintiff, the defendant COM
mitted adultery with the same man.
"Plaintiff further alleges that on Sep
TENDER Is, 1887, the defendant committed
adultery with Lyman A. Sisley at a house
on the west side of Missoula gulch bear
ing No. S13 West Granite street.
That on October 2, 1897, on the west
side of Missoula gulch in a building which
{ WAS lllC bNAiS ~
lynch and is now numbered S2o West
Park street, the defendant again commit
ted adultery with Lyman a. S1sley.
"Plaintiff further alleges on informa-
ton and belief that on the 9Th and l4th
days of October and on the 4th and 18th
days of November, 1897, the defendant
again committed adultery with Lyman A.
Sisley in a room or place to
plaintiff, but in the western part of the
city.
'Plaintiff further alleges that the de-
PENDANT committed adultery with Sisley
at various times, the dates Of which are
unknown to plaintiff, in PLAINTIFF dwell
ing house, Butte City"
The announcement of the appointment
of Cornelius F. Kelly as chief deputy to
the county attorney has been made pub
lie. Mr.. Kelly is a member of the house
of representatives at Helena and as soon
as that body ceases to exist, which will
be in a few days, he will begin operations
in the public prosecutors Office. Captain
StiVers, who has reluctantly held the
position since the first of the year by rea-
son of having something else in view, will
engage in that something else, which is
said to be that of corporation counsel.
He has been a valuable assistant to Mr..
Connolly.
One Rosenfield, whose occupation is
that of travelling salesman for a liquor
house, complained to the county attorney
last evening that o. Otto of this city had
cashed a check for $95 that did not belong
to him. He said he had been doing bust
ness with O. Otto of Pocatello and had
drawn the check in his favor, but by mis-
take had sent it to Butte from another
point and the wrong Otto got it. When
the mistake was discovered Rosenfield
said he had tried to get the money back,
but failed. The county attorney told
Rosenfield he would prosecute Otto, but
it might take a few weeks to get through
with it. AS RoSenfield'S business calls
him from place to place on a double quick
once in a while, the complainant said he
would give the matter more thought.
In the suit of Charles F.. Dickerman
against Charles Craddick and A. NJ. Des-
sault, to recover judgment for $3.50, al
legged damages and possession Of a por-
ton of the CZ3roma lode claim, which
plaintiff claimed Craddick jumped in
February of 1856, Judge Smith heard the
testimony yesterday and took the matter
under advisement. Craddick is alleged
to have made a pretended sale OF the
ground to DeSsault, and this is why the
latter was included in the deal.
Babe SimingtOn was granted a decree
of divorce from Elias Simington by
Judge Clancy this morning. Mrs. Sim