The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-01
Complete Decision of Supreme Court the Rndaub Divorce Cas-


loud, looking at the nurse and laugh
ing. She also says, HE called me a
damned liar on all occasions" She
narrates trouble between them over
certain ladies referred to in the record
as ladies numbered and with whom
} they both, and especially the defen-
dant, were on very intimate, friendly
and social relations and she speaks of
conversation regarding certain gos-
sip on account of the doctor and these
ladies over attentions SHOWN them by
him, and she refused to tell where she
heard It, and she testifies "He said
that this gossip was absolutely
groundless, that / had made 1t UP en-
tirely, of course calling me a liar and
sneak and q. coward, and / was
stabbing people In the dark" She
says she afterwards put her. arms
around him and said, Jack, don't you
love me now? He pushed me away.
When he did that said, You know I
don't believe that you ever did any
thing wrong That same night I
told him the same thing; said:
You know / don't believe that you
nave ever done anything criminally
wrong She also narrates a scene
which took place in the doctors office
in the spring OF 1906, during which
she, the defendant, lady No. and DR..
Martin Rindlaub were present, and in
which she swears that lady NO. and
defendant took her to task about such
gossip, and that lady No. 8 said,
among other things, that she was de-
mented. and "You wouldn't have sny
| ,Fu -
| demented, and everyone knows YOU
| are" and she says that defendant af-
| firmed everything lady No. 8 said. @,
L think you told us yesterday that
you had admired this woman's intel
lect and looked upon her with a great
deal Of respect and esteem; that was
the truth was it?" A. Certainly: I
knew her from the time ! was a little
girl and respected her in every way"
Plaintiff found certain letters in de-
PENDANTS pocket written to him I'm
May, 1906, by lady No. while on
board steamer en- route to Europe. and
when asked what effect, if any, thew
had on her, she replied 'Tt was one
more terrible thing piled on to every
thing else" When considered how
ever, in the light of the facts disclosed
the relations between the parties as
shown by the record we fail to see
anything in the letters which could
reasonably infict upon plaintiff grew
Gus mental suffering. The ties Of
friendship between them were. to
plaintiffs knowledge. akin to those of
brother and sister and such friendshfp
mad existed for years prior thereto, as
plaintiff well knew.
On cross examination plaintiff was
asked If she had fully narrated the
story of her trouble, to which she an
swered: II have not told hundredth
part" And she was also asked: HAS
DR.. Rindlaub no virtues?" to which she
answered.: Il couldn't find any, and
lived with him four years" The lat
ter statement was somewhat modified
thereafter. From the foregoing it win
be seen that the picture, figurativeIv
speaking, that PLAINTIFF has painted of
her husband is of the darkest hue.
Many of the charges are very serious
and, If true stamped defendant as a
most villainous scoundrel.
The Court Reviews the Evidence,
How stands the proof? In answer
ing this question we shall apply we'll
recognized tests in weighing the testi-
mony Of the various witnesses. and If
any Of them have exhibited an incIi- |
nation to color or to exaggerate the
Facts or have been successfully i'm
peached as to material portions of
their testimony by other credible evil
dence, either direct or circumstantial.
their testimony will be given such
credit only as, in view of such facts
1t appears to us 1t is fairly and Justly
entitled to.
In the nature of things the plaintiffs
case In so far as her cause of action |
oased on extreme cruelty by either |
spouse towards the other are usually |
lnhlcted In the privacy of the domestic |
circle. Plaintiff has narrated a most |
remarkable, and to our minds, a most |
unnatural and incredible story. Com
mehcng almost Immediately after the |
Weuolng and continuing throughout |
their rehabilitation she would have the
court believe that the defendant was
not only extremely cruel, but villain
ously brutal towards her that even
the marriage he was so in
considerate of her comfort and happi-
ness and was SO mean and stingy as to
reserve cheap second or third class
staterooms for their bridal tour. That
the latter complaint, as we'll as others
or the same general c1laracer, is I'M
rounded is most effectually demonstra.
ed by the evidence even of the plaint
lift herself which shows that he was
most lavish in the matter of providing
her with every comfort and luxury
which money could purchase. In ex-
pressing satisfaction with purchases
made by the defendant while in Europe
she testified they were utterly beyond
anything ever thought of possessing
We cannot believe that plaintiff has
any just or reasonable ground of com
plant on this score, and we are forced
to the belief that plaintiff, In referring
to the manner in which defendant
'stormed" at the extra expense on ac-
count of the egg-nog, port wine.
nurses meals, etc., necessitated by
plaintiffs illness while on their we'd
ding tour, Intentionally exaggerated the
truth and sought to mislead the court.
From careful reading of her testi-
mony we are inevitably forced to the
conclusion that plaintiff has. in many
particulars, sought to create in her
favor an erroneous impression regard
ing the facts. The incidents above
her reference to the e'ter-
rible rage" of defendant over the
purchases of the baby clothes and com
pelling their return, regarding which
she was forced on cross examination
to admit, in effect that she had not
been fair with the court, and other In