Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-14
JUDGE SMITH ON CHILDREN
NEVER TOOK BUT ONE CHILD
FROM THE MOTHER, AND Is
SORRY FOR THAT.
CASE OF INVOLUNTARY BIGAMY
Judge Takes the Part of Wronged
Mother and Children-Riotous
Soldiers Fined.
Special to the Inter Mountain

Special to the Inter Mountain.
Helena Mont, March 1.-THE chronic
dl1terences between Attorney General
Donovan, and his assistant Thomas D.
Long, eliminated yesterday in an open
rupture, in which hot words We're used.
mar being one of the mildest Long
then handed In his resgna tion taking
erect at once. Both men refuse to tell
the cause of the dispute. But Donovan
afterwards consulted Gov Tooe Hard
ly a question has come up since they
took office in which Donovan and Long
agreed. and Long particularly disapprov-
ed of Donovan's salary grab.
The soldiers concerned in the street car
riot Monday night had hearing before
Po.lce Magistrate Walker. and private A,
Coleman was fined $40 privates T. s.
Short and Garrett $50 each. The other
1our We're turned over to Capt Charles
Gerhardt for court martial.
"A strange story was brought out In the
trial of the divorce suit Of Rose Flynn VS.
M. Henry Flynn. before Judge Smith. and
poetic justice was done. The coupIe
were married in Sioux City in 1883, ami
had three children, but six years later
Fiynn deserted the woman. In 1896 shc
received ward from the Sisters hospital
at Los Angeles, saying tnat Flynn was
dead. and she married Wiiiiom johnson
IN lS9S. Then she received a letter from
flynn saying he knew she supposed him
dead, and she married William Johnson
ne was the liveliest kind of dead man.
She left johnson with the understanding
that they would marry again when she
got a divorce. Judge Smith granted a
decree to the husband but when the
latter a.so claimed the care of the child.
rem on the ground that the woman's re-
latlons with johnson rendered her unfit,
she protested and Judge Smith said: Il
VIII acqu!t her of any wrong intention
and order it to be entered in records I
want to further say that never took but
one child from a mother and have been
sorry for 1t ever since" Flynns counsel
pleaded for at least one child, but the
judge said: II wouldn't care if he had
as much money as John d. Rockefeller,"
replied the court. II wouldn't give him
the children. While the defendant might
have had no love for his WIFE he might
at least have shown a fathers affection,
but it is clear that he never did so.'
turning to Mrs. Flynn, Judge Smith con-
tlnued: You have your divorce now,
go home and get married again as quick
ly as you can"
The candidates for clerk Of the board
of parIOns, to succeed Miss. A. D. Rose.
Grams, are Miss Elsie Reddngton, Miss
Charlotte DebOrde, Miss Easterly, Miss
E sic Flynn and Charles Wilson. of Hell
ena: Miss Mabel Cieland of Great Falls:
Miss Agnes O'Brien of Butte and j, G..
Ramsey of Miles CITY,
The state fish and game association will
print 5000 copies of the new game law
for distribution through the state.
An appeal to test the validity of the
election held April Z. 1900, in school dis.
trict No. l, Silver Bow county on the
issue of bonds for the purchase of sites
and the erection of buildings, was adj
on the calendar and argued be-
fore the supreme court today. The
question was as to the regularity of the
notice of election. which dsnuted
oy Simon Hauswrth.
The supreme court refused to consider
A request for an order dismssing the
appeal in the case of Haggin VS.. Lorenz,
which was made by letter from j. X.
Mcdonald, Butte, on the ground that
10 proper motion had been filed and the
was not made by counsel The
suit involves title to land at the head
If the Anaconda Electric Light COM
Dany's nume.
The appeal of the Boston & Montana
IS. Wetzstein. asking for stay of the
order in the Comanche mine
,ase. dismissed on motion of the
appellant.
The annual statement of the Ken
ucky- Vermillion Mining and Concen-
rating company shows $4,000, all paid
n mining property. mill and machinery,
n Flathead county. Assets are the
ame.
Leave was granted by Judge Smith this
morning to file information for bigamy
gainst Mabel Mccall. or Hancock. who
S alle"ed to have married Edward Nc
Call though already married TO William
hancock of Butte. Bail was fixed at
800. s. a. Ballet was appointed coun.
el. MCC""- - the charge Of
the wife of another was fixed
t $500. and Carl Rasch appointed coun-
el. Both will he arraigned tomorrow.
The question aS to the authority Of
SPEAKER Pro Tenn Baker to sign the
ournal Of the house will probably be
ettled by a friendly suit, and Baker
las been asked to delay his intended
acation until it is settled. If the jour-
al should remain unsigned, lawyers
hink the bills passed might be success.
ully attacked on the ground of defects
n procedure of the house. as none Of
hem We're read in full. and the failure
# the speaker to sign the minutes would
cave the way open for such an attack.