Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-04-28

Fargo Forum: II was q pitlful
scene which T. H. McBnfoe, the well
known attorney, beheld when he
stepped into his office in the Davis
block this morning.
Her head resting on a table, baby
in her lap and a boy apparently 10 or
u years of age standing by her side,
a woman sat in one of the Office chairs
weeping as if her heart would break.
The entrance of Mr.. McEnroe was the
cue, it almost seemed, for fresh out
burst of tears in which the boy and
the baby joined.
Incoherent at first, the woman's
words soon made clear the cause of
her grief but it was only after
lengthy explanation that she appeared
to be satisfied.
"My poor baby" she cried "To
think that he will suffer because of
the rash act of his mother is driving
me crazy. Oh, why did ever get
that hateful divorce?"
It was then that the explanation
dawned on Mr.. McEnroe He recog-
nized in the weeping woman a. client
for whom he had secured a divorce
about three years ago. She had ap-
peared in his office one day and en-
gagged him to commence the action
against man whose residence was
in the state of Vermont. It was the
same old story she told, the mad in
fatuation of the husband for another
woman and the subsequent acts of
improperiety which had held up the
wife to the pity of the neighborhood:
Although there appeared to be
ample evidence of other acts, the
women would not allow her husband
to be attacked in the, courts and the
result was that it was the simple
charge of desertion which was made
as grounds for. the divorce Summons
was secured by publication and the
: divorce proceedings went along just
| as have thousands of others, and the
: decree was granted. j: l., >.
> Behind the whole affair there were
indications Of a romance but as thai
1 was not part of his duty, Mr.. Nc
3 Enroe at the time paid no attention te
t it. This morning the romance was
/ unfolded. When the woman had sc
cured her decree, she returned to hel
l. far eastern home. It was not Ions
I before the romance of her early life
q had its elimination in her second
e marriage and her life since has beer
J. one long dream of happiness, unit
s the rude awakening came with thu
n. recent decision of the. United States
k supreme court in relation to divorces
II The woman read the decision in al
a eastern paper. Her husband was gu
. of the city at the time on a bushes
s trip and driven to distraction at tn
thought that her infant child Nigh
prove illegitimate as a result of tn
:. decision, it was little wonder that tn
- mother without delay took the step
: which seemed to her imperative with
?; out consulting even her intimat
!. friends or legal advisor in her HON
= city. She started at once for Farg
. and only arrived here this morning.
= 1t was with tears of joy that. tn
- fond mother listened to the words Q
~ Mr.. McEnroe when he explained tina
~ the supreme court decision did nc
- affect the legality Of her divorce. TIL
~ technical words used by the sattorne
:, meant little to her but her Joy kne,
~ no bounds when the attorney assure
~ her that the birth right of her chill
- was amply protected,
" The reports which were original
- sent out regarding the supreme coul
decision now appear to have been II
'e- correct The case in which the deci
en- ion was rendered went to the suprem
ne court from the state of New York.
IL The defendant in error, Harri'
Haddock, a resident of the state
LIS New York, began this action in Ne
IFS York for separation and aIimor
Up against John w. Haddock, residel
a of Connecticut. Defendant admitte
ny marriage in 1858, but averred that ]
vs. was procured by fraud and set up
his defense that in 1881, in the sta
4 of Connecticut, he had procured
an divorce. Service in the, divorce W;
lis by publication and the mailing OF
ay copy of the complaint to the la
es known residence ofsthe defendant.
TIA | The judgment roll and record in Il
es' Connecticut case were excluded in Il
lis New York courts and this ruling co
of stituted grounds for writ of err
! taking the case to the United Stat
supreme court. A
:. 1 From the published accounts it a
ec. peared that the majority decision
ok the Haddock case held that all diyor
DEGREES in cases where service hs