Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-22
Third Complaint in the BOr-
deauX Case Filed.
FIGHT MADE AGAINST II
Was Hard--Contempt Proceeding
Postponed Until Next Saturday
"A Burglar Sentenced.

Judge Clancy's first judicial act this
morning was to overrule the demurrer
to the second amended complaint IN the
divorce suit of John r. Bordeaux against
Ella r. Bordeaux. The matter was
argued last Saturday, the attorneys tor
the defendant making a long, hard talk
to prevent Mr.. Bordeaux from getting the
additional charges into the allegations
of infidelity on the part of his wife as
set forth in the second complaint. In
passing upon the demurrer the judge said
he had looked into it and considered the
ALLEGATIONS sufficient to warrant him in
allowing them to become a part of the
plaintiffs action. The defendant was
given 20 days in which to answer.
The second matter considered by the
court related to the jurisdiction OF JUS
tice Smith of South Butte in a suit IN
which George S. Congdon of Philipsburg
is the defendant. The latter claimed that
on account of him being a nonresident
of the county the justice mentioned was
DISQUALIFIED from sitting in the case, ana
petitioned the court for an alternative
writ of prohibition. 1t was granted. A
motion to quash the writ was then made
by the other side and it was argued to-
day with the result that it was sustained.
With the expectation that the hearing
of the contempt proceedings In the case
of Attorneys John Forbis. william n.
Dewitt and l.. 0. Evans would take
place, Judge Clancy's court room was
we'll filled with people this morning, but
when the matter was encountered on the
calendar the judge announced that 1T
would be continued until next Saturday.
MIR. Scallon replied that some of the
defendants desired to leave the city for a
few days and would prefer to have it dis
posed of as soon as possible.
The court must have time in winch 10
cool down. said the judge, with a broad
smile on his face.
ct would be satisfactory to us If the
court would dispose of it now and cool
down afterwards said Mr.. Scallon.
Mr.. Forbis then stated that one of the
defendants wished to go away and he
supposed if counsel represented him 1t
would be all right. He might be back in
time. it being his intention to be absent
only a few days.
The original decision of the judge con-
tinuing the hearing until next Saturday
was allowed to stand.
Margaret Thompson failed for a short
time this morning to get Judge Clancy to
give her a decree of divorce from Ernest
Thompson and an order on him for sou or
$75 per month alimony, and the principal
reason for it was that Mrs. thompson
did not lave a witness to corroborate her
story of alleged cruelty on the part of
her husband and his financial ability to
meet her demand for such a large month
lv contribution. On the witness stand
she stated hat the marriage OF Mr..
m and herself had occurred In
this city and they had one child, a boy
about four years Old; that at Broken
Io,,, Nah Of which Mace Thomson is
now a resident. he had struck her on
various occasions: that he was an habit
ual drunkard and was possessed OF prop
erty valued at SIC, 600. She thought 500
or SIS per month would be sufficient to
keep her.
When she had finished her story Judge
Clancy asked her if she had a witness and
she replied no. Her attorney stated that
q witness was absolutely necessary only
in cases wherein perjury was suspected
but the court would not have it that way
You would have all the people in the
country getting divorces here II per
mitted such work" said he. Il will leave
the case open and you can hun up a wit
g ness"
About an hour later Mrs. Thompson
and Tin Lowney, her brother, ente. ed thu
court room and the matter was opened
for further hearing. Mr.. LoWneY partly
corroborated the statement made by Mrs
Thompso and the court ordered the de
PENDANT to pay his wife $25 a month ant
and an attorneys fee of $50.
was formerly a resident o
Butte and while here was steady and in
dustrious. For several years he was
, member of the paid fire department. Their
he became one of the jailers at the cOun
ty Jail. After a short term there he Wen
e to Nebraska and, according to the stor,
: told by his wife, engaged in business will
: his father. While in Butte it was nip ant
. tuck for him to earn a living. About
= year ago he sued his wife in the Nebras
= ka courts for divorce, but service on tn,
n defendant was never secured, she beins
at that time in this city. On March ,
she filed a similar action in the court
here, with tie result as stated.
A young man known as Bert Edwards
was sentenced to two years in the peni
Tertiary by Judge Clancy today. A few
weeks ago Edwards was arrested on
charge of having burglariZed a room il
N the Albermarle house. An information
~ was to have been filed against him thi
morning, but before all the details wer
:" arranged he pleaded guilty.
Joe Long. the old man arrested yester
day on a charge of assault in the thir
degree on Annie Martin. an old woman
was removed from the county jail to tn
poor farm today. He was formerly a
inmate of that institution. but ran w
ard took up his residence at the house q
Mrs. Martin. He is a physical wreck.
Judge Clancy signed the decree toda
in the divorce suit Of Louie Orestead VI
Ole E. Orestaad.
THE IARKIN HEARING