Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-03
He HELD THE SACK
Phillip Herring Defendant in a
Suit For a Divorce.
HE IS A SKETCH ARTIST
His Wife Says They Have Much
Property In Common--Defend-
ant Kidnaps Their Child,
HE IS A SKETCH ARTIST

Lena Ella Herring has commenced divorce
proceedings against her husband, Phillip
Herring, alias Phillip Herne. The complaint
is quite a lengthy one and recites many
alleged overt acts on the part of the de-
, PENDANT. Among other things, Mrs. Herring
says that their marriage took place in
Portland, Ore, on July 10, 1886, and they
have since then been husband and wife;
that they have one child, a boy about 5
years old; that his name is Henry P. Herne;
that since the marriage the defendant and
herself have resided as husband and wife
in Tacoma, Fairhaven, Portland, Helena,
Fridley and other places; hat during the
greater part of the time since their mar
riage they have been engaged in theatrical
business, as sketch artists and vaudeville
performers, and from the time of their
marriage the defendant has compelled
plaintiff to engage and continue in such
occupation in order to support herself and
contribute to his support; that during the
time they were SO engaged the defendant
collected and received the wages and earn
ings of himself and plaintiff and agreed
to use, employ and invest them for the
mutual and equal benefit of both; that
while they were employed in Tacoma in
1SN-'91, and prior to that time, they pur-
chased with their joint earnings three lots
In the Glover Leaf addition to Tacoma; that
these lots are now valued at about $500:
that during the time they were employed
in Helena they bought a house and two
lots in the Broadwater addition, paying
$1,000 therefor, but which with the improve
ments are now worth So, ZOO; that defendant
has collected and is now collecting and re-
ceiving $2 or SIS per month rents and
profits from the property, and refuses to
account to plaintiff for her share of the
profits; that defendant is also the owner
of lot s block II, Grand avenue addition,
Helena, which was acquired with the COM
munity funds of defendant and herself,
but which now stands in defendants name;
that while residing at Fridley, % miles
southwest of Livingston, they purchased a
joint homestead entry of 100 acres, on which
stands a two-story frame dwelling house
and other substantial farm buildings. This
property, the plaintiff alleges, is reasonably
worth 1900, and stands in the name of the
defendant; that the defendant and herself
resided near the town of Fridley from Oc-
tober /, 1892, until about December l, 1897.
and while there acquired from their joint
earnings a quarter section of railroad. land,
valued at 50, 400; that they have in common
5 head of horses, 20 head of cattle, Is head
of hogs, a supply of farm implements and
tools, valued at about $1,000; that all of
the properties described should yield a
yearly profit and rental of about 1000;
that defendant collected and appropriated
all of such rents for 1898 and refuses to
account to plaintiff for her share in the
same or contribute anything towards the
support of their child; that all the property
stands in the name of the defendant, and
is claimed by him, when in fact it is the
result of the joint accumulation of both,
having been purchased by their earnings;
that defendant took the title to the prop
erty with the distinct understanding be-
ween both that half of all such property
should belong to the plaintiff; that de-
PENDANT threatens to dispose of the whole
of it, or as much as possible, and keep the
proceeds.
The plaintiff further alleges that the de-
PENDANT has been guilty of extreme cruelty
towards her. At Fairhaven, WASH, in May
of 1891, he struck her in the face with his
fists, she says, knocking her down and
backing her eyes, injuring her so badly
that she was unable to leave her bed for
August of the following year, he repeated
the performance, knocking her down twice
and choking her. On September IL, 1897,
she alleges that he choked and otherwise
maltreated her, and on December ! of the
same year he again choked her, threw her
against the wall and wound up the per-
Torrance by driving her and their child
from the house. This, she alleges, occurred
at Fridley, this state, and she has not been
with him since then, because he has re-
| fused to permit her to do so. She further
! alleges that she has conducted herself as a
dutiful wife; that since the separation she
has supported herself and child; that de-
| PENDANT is an able-bodied man, and could
without difficulty obtain employment
whereby he could support himself, the
plaintiff and their child; that he has I'M
Justly accused her of intidelity; that she
is a weak, nervous woman, and his conduct
has caused her much mental suffering.