The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-07-01
UNUSUAL ANSWER FILED IN Dl.
voRcE PROCEEDINGS.
he DENIES The MARRIAGE
Merrill Claims Woman Suing Him Is
Not and Never Has Been
His Wife. M

An unusual and sensational answer
has been filed to the complaint in the
divorce proceedings recently institut-
ed in the district court by Melissa j.
Merrill against Charles E. Merrill
The plaintiff alleges desertion and
legged ability of defendant to amply
provide for her wants. She further
more charges that he is the possessor
OF considerable real estate and money,
both of which are in the town OF
Anoka, Mimi, and that through her
labor in the field and farm, which she
charges defendant with having forced
her to perform, the same were amass-
ed.
He Denies the Marriage.
If Merrill replies truthfully to the
complaint there seems to be NO neces-
sity for a divorce, as he says he
never has been and is not now the
husband of the woman who calls her.
self his wife.
Although she claims they were in
termarried at Anoka, December 25,
1891, Merrill says distinctly that they
were mot, nor were they so intermar-
ried at any other place. Instead of
being his legal wife, he AYERS the
woman on the date of their alleged
marriage was and is now the lawful
welded spouse of one Thomas Brown,
to whom, he says, she was married
long prior to the date Of the marriage
alleged to have been performed at
Anoka and by which he is held to
have become her husband. Continuing,
the answer declares that the plaintiff
in the action was never freed from
Brown by any decree of court, and
not having been divorced, is still his
wife and her true name is Melissa j.
Brown and not otherwise.
Admits One Count.
Further replying to the complaint,
Merrill admits that since May 30,
1908. he has lived separate and apart
from the woman who claims to be
his wife. He also admits that prior
to the date given, except at certain
periods, when she, he alleges, left him
of her own will and accord and with
out his consent, he lived with her as
her husband until the date when he
admittedly left her, believing himself
to be lawfully entitled to occupy such
relations to her.
He gives as his reason for leaving
her that May &c. 1903, at Anoka, she
informed him that she was not his
wife, as she had lawful husband
living, from whom she had never Sc
cured divorce, and that she would
never live with defendant again, and
then Immediately left his home and
returned no more.
Poor and Cripple.
AS further answer Merrill says
that instead of being possessed of all
the means named in plaintiffs COM
plant, he owns neither real estate
nor personal property, at Anoka or
elsewhere, and that from the personal
property on the farm of the defend
ant plaintiff received more than $1,000,
which was the two-thirds value of it.
Going little deeper into the matter
of property said to be owned by him,
Merrill claims that all he was possess
ed of formerly was earned by him
and his former wife and not by plain
tiff, as she now alleges.
To still more clearly indicate his
INDECENT condition, he alleges that he
is now, and for more than two years
has been cripple, absolutely unable
to work or support himself, and dur
| ing most of that time has been con-
fined to his bed and is dependent upon
his children for support.
Conundrum Supper.
Will be given by the Baptist Young
People, at the church, tonight at 8
O'Clock. Everybody invited.
Billings Business College.
Summer term from June to Oct.
l. 1904 Students nrnnarad for gov.