The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1910-02-01


period. and 1t produced mental storm.
DIR. Aroty Of Moorhead was called on
Nov %, 1905, the day this case was
commenced, and treated plaintiff at
her fathers home in Fargo, and Drs.
Lippincott and Wheeler of Seattle saw
and treated her in August, 1906, and
these doctors testify to her nervous
breakdown. The testimony of some of
these experts is based upon knowledge
acquired long after the action was
commended, and that of the others
upon knowledge acquired by them af-
ter or just prior to the bringing of the
suit and while the same was in con-
temptation by plaintiff. While this Is
not alone sufficient to discredit such
testimony still 1t is somewhat i'm
portant circumstance to be taken in
to account in weighing the same
Furthermore, exhibits r, G and H.
which are photographs of plaintiff
taken while in Alaska in the fall Of
1905, furnish quite convincing proof of
the robust physical condition of plain
tiff at that time.
The witness, Florence Nugent, an
intimate girlhood friend of plaintiff
and who visited frequently at the
Rindlaub home, gave 1t as her opinion
that plaintiff was very unhappy, al
though. as stated by the witness, the
plaintiff never has said anything to
me at all of any trouble" At times
when she was present she says defen-
dant was very Indifferent and didn't
have much to say. Among other
things also testified @. what was
his manner to Mrs. Rindlaup when
ever he spoke to her or answered any
inquiry from herr" A. "Verv short,
gruff, never had much to say to her"
Q. Was 1t in an angry tone or
otherwise" A. mo, not in any angry
tone, just seemed perfectly indiffer-
emit" She testifles that about Nov.
q or s, 1sO7-nearly a year after the
action was commemorative saw lit
tie Bruce walking with defendant
along Broadway in Fargo in new and
wet snow.
The witness, Miss Mann, gave testi-
mony substantially the same as the
last witness. also corroborating her
as to the incident regarding Bruce and
mis- father walking in the snow down
The witness, Olson, a coachman for
the defendant for about six m6nths
In 1904 and 1905, and whom the testi-
mony shows was discharged from such
by defendant, gave the
following testimony relative to alleg-
ad cruelty: 20. Did you use to OBJ
serve the actions of DR.. ~Rindlaub to-
ward his wife, from time to time?
A. Why ne was always smiling and
good 'natured when there was any-
body around. When nobody was
around he would speak UP kind of
aeTvous and cross. @. Was that his
conduct when other people
were not around and i'm sight and
hearing? A. Yes. @. For how long
4 period did you notice that? A. On.
FOR a week or two. O. How did he
act towards his wife? A. why when
generally seen him he was kind of
smiling, and so on, and sometimes
Mrs. Rindlaub had red eyes and looked
ike. she had been crying"
( The witness Mrs. Grant-a very in
innate friend of plaintiff and her par
mts for many years-gave testimony
TO that of the witnesses Florence Nu-
gent and Miss Mann. She also details
certain conversations with defendant
n the spring of 1907 in which defend
ant had asked hor to aid in bringing
lbout a reconciliation but that owing
o. certain statements or insinuations
~ the doctor regarding certain state |
nents he claimed Mr.. and Mrs. Doug
as had made concerning her. she did |
On cross examination this
witness states that she communicated !
% plaintiff and her mother the sub |
stance OF these conversations had with |
he doctor and that there was no ex- |
preston of any wish upon their part |
or reconciliation and as far as she |
'ould understand the plaintiff and her |
parents were all three bitterly oppos- |
10 to a reconciliation.
The witness Eta Hill and Mrs. Nor. |
is gave dispositions to the effect that |
hey were passengers on the steamer /
to Cairo and they testify to |
heir conclusions that plaintiff was
unhappy and that the doctor seemed |
Indifferent and negligent towards
'laintiff, but the first witness testified |
hat during the time Mrs. RIndlaub |
vas sick she did not see DIR. Rindlaub /
way from the hotel, and the latter
witness testified that at Naples she
aw Mrs. Rindlaub carrying a heavy |
Tag. about block and half and wit /
less thought she had been too sick to
10 this.
The witnesses Mrs. Lasson and Mrs.
lark merely testify to Bruce's ac-
ions in 1907 in not wanting to ac-
his father from the Douglas
lome and they throw no light upon