Daily inter mountain., 1899-01-18
CHARGE OF INCEST
Made Against Jacob HefenSteln
and His Sister.
BOTH IN THE COUNTY JAIL
Will Be Given a Preliminary To-
morrow--Spite Work is What
They Allege.
BOTH IN THE COUNTY JAIL

Jacob Hefenstein or Helvensteln and his
sister. Mrs. Augusta Schneider, were ar
rested by Constable Joseph Volker of JUS
tice Nichols court about Z o'clock last
night on a charge of incest preferred by
John Schneider the wOman's husband.
The complaint was issued by Capt. StlF-
ers of the county attorneys office late in
the afternoon. The prisoners spent tho
night in the county jail and on being ar
raigned before the justice at 10 O'Clock
this morning plead not guilty. They VIII
be given a preliminary hearing at
o'clock tomorrow. Neither of them can
speak English sufficiently to make them
selves understood, in consequence OF
which woman friend acted as interpreter
for them in the court today. Mrs. Schnel-
der has only one arm, having lost the oth-
er some time ago Her brother is miner
at the Diamond mine. He is Russian.
In making his complaint at the county
attorneys office Schneider said he had not
taken the woman for his wife because he
desired to do so, but because he was COM
PEELED to do it: that he had previously
suspected the alleged rela tlons between the
woman and her brother. Schneider fur
ther stated that he and the woman had
| lived together at 43O Mahoney street from
| the time Of the marriage until about a
week or ten days ago. when she left him
and went to live with her brother near the
Blackfoot planning mill Schneider also
/ said that at the time of the separation he
had given her the furniture and kept the
household provisions, of which he had
large supply. On going home from work
Sunday morning he found that the pro-
visions he thought he had were gone.
Suspecting their whereabouts he hunted
up Policeman Mike Torpey and induced
him to accompany him to the house where
his wife was living with her brother. He
alleged that he found them occupying the
| same couch The provisions We're not
! found in that house, but in one in which
Hefenstein formerly lived close by.
| When the accused appeared before
Justice Nichols the woman said more
than the mere fact that she was not
guilty of the charge against her. She ad-
mitted having taken the provisions, but
added that the money with which they
were bought belonged to her; that at the
time of her marriage with Schneider she
had money and he took it and bought the
goods. Therefore she considered herself
entitled to a portion of them and had gone
with her brother and taken them when
her husband was not at home. Further,
she stated that her husband had insisted
| upoH uollS, liIoIG WOIh llldH she COulu
in her crippled condition and had driven
her from home with knife. She also
said the charge was spite work on the
part of her husband.
On January 2 John Schneider was ar
rested on a charge of abusing his wife
and breaking dishes at their home, 43O
Mahoney avenue. He entered plea of
not guilty and after the case had dragged
along some time it was dismissed upon
! tSrhnni6er wing SS
shortly after the arrest tried to have the
complaint withdrawn.
In the suit Of A. Eustis against John H.
Curtis, e. l.. Chapman, Charles O'DOnnell
and the Grand Opera house company for
an accounting and the appointment of
receiver for the opera house property,
Judge Lindsay has issued an order re-
! quiring the defendants to appear in court
| at O'Clock Saturday and show cause why
such receiver should not be appointed to
collect and receive the debts, rents and
/ profits owned by the company.
In the action Of the Butte & Boston
Mining company against the Montana Ore
Purcha sing company, Judge Clancy has
! set aside the order recently made re-
! straining the defendant from transporting
ore from the Rarus to bins via tram
was the result of an offidayit made by
/ Arthur P. Heinze of the defendant COM
pany in which document he stated that
the defendant was engaged in mining
large quantities of ore from the Rarue.
and transporting it to bins over the tram
way mentioned in the complaint; that he
believed the plaintiff was not the owner
OF the Snohomish claim. but on the other
hand that it belonged to the estate OF Jas
Larkin: that F. Augustus Heinze
was the administrator of the estate and
the defendant was using the Iarkin por-
ton OF the ground with the consent of
Clara A. Larkin and F. Augustus Heinxe
| A. r. Wedkind filed q motion In the dis
trict court today to have vacated the or
der made by Judge Clancy last Saturday
dismissing the divorce suit of Richard
Devine VS.. Viola Devine for want of ap-
pearance. The motion was braced with
an affidavit from Wedkind which stated
that he was the attorney in the case and
that the plaintiff and his witnesses re-
sided about four miles from the court
house; that after court had convened he
went to his office. four blocks from the
court house, for the purpose Of ascertain
ing whether plaintiff had arrived believe
ing that the court would not reach the
case until after his return, but during his