The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1909-10-22
ALOIS BETTER

ALOlS ILL
The State of Indiana cannot
enter into trial of this action at
the present term of this court
on account of the absence of Mrs.
Anton Habig. Mrs Ed. Habig
and Mrs. Frank Habig, each a
competent witness for and on
behalf of the State of Indiana,
and the evidence of which is
essential to the issues in this
cause; that each Of said witnesses
resides in the Town of Jasper.
Dubois County. Indiana; that
each of said witnesses is now
sick and unable to come into this
court to testify in this case; that
if said witnesses were present
they would testify TO the follow
ing facts: That Mrs. Anton Hab-
ig, if present. would testify that
she is the mother-in-law of the
defendant, Alois Better; that she
was present in his home immed-
lately before. on the day of, and
Immediately after the defendant
deserted his wife and children,
as charged in the indictment
herein; that the defendant left
his wife and children without
any means of support whatever,
and that on account of their des-
titute condition that she took his
said wife and children into her
home and supported and cared
for them from the time sid de-
PENDANT deserted them ilt he
was returned from Los Anglers,
CAL, to this place by the Sheriff
of this county; that defendant
told her before deserving his said
wife and children that he was
going to New York to visit his
parents; that she found his said
wife and children without any
means of support and also found
his wife in such a physical con-
dition that she had to be removed
TO the home of the said Mrs.
Anton Habig. where she and the
children could be cared for and
supported; that said witness
would also testify as to the men
tai condition Of the defendant 5
wife when she learned of his de-
sertlon OF her. and say that she
was broken down with grief and
threatened with nervous pros
tration when the news reached
her that her said husband and
Amanda jain had been seen to-
gethcr in the City of Los Angeles
in the State OF California; that
said witness would also testify
as to the cruel and inhuman
treatment this defendant inflicted
upon his said wife during divers
times when she was present.
That Mrs. Ed Habig and Mrs.
Frank Habig. if present, would
testify that they are sisters-in-
law of defendant; that they
visited the home Of the defendant
Immediately after his desertion
of his said wife and said children
and that they found the wife of
the defendant crying and weep
ing and without any means of
support whatever for herself and
said children; that they would
also testify to certain cruel and
inhuman acts inflicted by the
defendant upon his said wife
at divers times when they were
present and witnessed their as
sociations; that said witnesses,
Mrs Ed Habig and Mrs. Frank
Habig would testify that they
each saw the wife and children
of said defendant in the home OF
the said Anton Habig and saw
them being cared for and sup.
ported by the said Anton Habip
and his wife after having beer
deserted by said defendant.
The said facts are true; that
the state is unable to prove said
facts by any other witness Oh
witnesses whose testimony gar
be as readily procured; that the
absence of said witnesses has
not been procured by the act OF
connivance of the State of In
diana nor by any other person al
Its instance or request nor will