Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-03

t>S ooSNSA SHS AAA>
of Main and Broadway where they part
ed forever. Affiant proceeded to his home
in search of said minor child and found
said child in a cold, hungry and famisn-
ed condition on the street near his home;
that the house Of affiant was securely
locked and the only means Of entrance
thereto was through the cellar, through
which the defendant was compelled to go
for the purpos of opening the door on
the inside to admit the child to procure
for him warmth and food; that affiant
solemnly declares, in the presence of his
God, that the foregoing facts are true in
every particular and we'll known so to be
to the plaintiff herein. That affiant has
not parted with the care, custody or con-
troll Of said child since hat time. That
upon the hearing of a certain motion in
this court on the 4th of March wherein the
custody of the child was at issue, and
when the child was by order Of this court
awarded to the custody of defendant, the
plalntiH swOre and asked the court to
grant her alimony for the purpose of liv-
ing away from her late residence. saying
that she wanted money to live down town
in some lodging house where it was her
intention to take said child in the event
he was awarded to her, thereby surround
ing him with the consequent demoralizing
influences which obtain in the average
lodging house. Affiant AYERS that he has
placed said child in the custody Of the
kind!iest, most ennobling and elevating
persons and surroundings that could pos
sibly be procured for him. That he is now
and has been for about four months UNI
der the protection and care of the Sis
ters of the Holy Cross.
Continuing and leaving out some of the
minor points, the affidavit continues:
"Affiant further AYERS that plaintiff for
a period of several months was in the ha-
bit of bringing said minor child to the Of
flee of affiant. and leaving him an entire
afternoon, while she went around town
in. the company of a a coarse vulgar
woman, going about from store to
store and visiting in various lodging
houses. said woman being often under
the influence Of Intoxicating liquors: and
defendant at the sad times being inform
ed (and which facts he communicated to
PLAINTIFF, by several merchants in this
sity that said woman companion of plain
tiff was a shoplifter. but hat notwith-
standing said fact defendant was unable
to prevail on the plaintiff to cease going
with said woman and that since the
commencement of this action plaintiff
can be seen walking the streets with sad
woman daily. Affiant further AYERS that
plaintiff neglected said child by going to
the Holland skating rink. in this city, and
absent.ng herself from home until late
hours of the night, in company with COM
narative strangers: that on or about the
18th or 18th day of February, 1899, said
plaintiff in company with one Mrs. Jul
ian Smith. went into the wholesale liquor
house of John Capl:ce Commercial com
pany and drank raw whisky out of a bar
rel therein, which said facts can be veri-
fed by the officers and employees Of
said company. Affiant says that it is not
necessary or conformahle with the sta
ton in life in which she has been reared
tina she should have a servant girl for
her own personal use. Tina the facts are
that while her father is a comparatively
woll-to-do man, having A large family,
that it was not his custom to keep a SER
want girl: that the parents Of SAID plain
tiff are careful, frugal and economical
people Of tn very highest character, max
ing no pretensions whatever to the as
sumed position in life to which plaintiff
pretends: that It is wholly unnecessary
tina plaintiff should have a servant girl
to wait upon her individually. she being
a strong, healthy person. and reared to
wait upon herself.
"Afiant denies that said plaintiff is
a nervous person. or that she Is appre-
hensive of harm from defendant, from the
fact that she has nc fear or hesitation to
be out upon the streets Of the city at any
hour Of the night, unaccompanied.'
Mrs. Callahan denied several of the
statements in the affidavit. Among other
things she said she did not know the wo-
man with whom she had been walking
around was a shoplifter.
Other witnesses were examined and
then the judge took the matter under ad-
visement.