Newspaper Page Text
THE McCl'TCHEON DIYOKCE.
A Statement From the Secretary of the Cause and the Method of Procedure. We print below a communication from Secretary McCutcheon with respect to his recent action for divorce, which in the same connection is also an answer to aspertions cast upon him by seyeral of the Territorial papers. The communication is addressed to the editor of the New Northwest, for reasons stated by the writer, and will appear in the current issue of that paper for this week. The Herald has only opportunity to-day to remark that the Secretary might have been spared much of the caustic criticism dulged by the press had he at once given to the public the letter which he has with held till now. Helena, Montana, July 28,1883. Sir— The position now held by me as Sec retary of the Territory was formerly honored by yourself. It is an honorable position and I have done all in my power to perform its duties in a most acceptable manner. In con sequence of recent legal proceedings brought by me to procure a decree of divorce, a por tion of the Territorial press, without know ing aught of the case, have seen fit to severly criticise me. In view of the fact that you were my immediate predecessor in this office and you now conduct what is recognized as one of the most conservative newspapers in the Territory, I have concluded to submit my statement to you, which embraces the main features of the communication made to the Governor at his request on the 23d inst. On or about the 22d day of May last, I filed in the District Court at Bozeman, a complaint alleging my marriage with the defendant in September, 1870, (not in 1876, as published,) and desertion on the part of the defendant on or about March 1st, A. D. 1883. I might with propriety have alleged the desertion at an earlier date, as we have not lived together as husband and wife for nearly nine years. I alleged the time I did for the reason that we were then correspond ing in reference to her comiog here, and about that time she wrote me that if she came we should live as we had lived. Dur ing the winter and spring before I came here, she repeatedly refused to come here and live with me, and when I received the letter above referred to, I wrote to my mother (with whom the defendant was then staying) that I should never live with the defendant again as I had done, and also wrote the de fendant that "I should take steps soon to make it legally and morally impossible for us to live together longer as we had." The details of the life I refer to would be unfit for publication, but were such, and acknowl edged to be such by the défendent in her letters to me, as to justify me in seeking a legal separation. My attorney was busy when the complaint was drawn and requested me to draw it, which I did. The affidavit of non-residence is in keeping with section one of an act con cerning the publication of summons, ap proved March 1,1883, which reads: "When the person on whom the service of summons is to be made resides out of the Territory, or has departed from the Territory, or cannot after due diligence be found within the Ter ritory, or conceals himself to avoid the ser vice of the summons, or when the defend ant is a foreign corporation having no mana ging or business agent, cashier, or secretary within the Territory, and an affidavit stating any of these facts is tiled with the Clerk of the Court in which the action is brought, and such affidavit also states that a cause of action exists against the defendant in respect to whom the service of summons is to be made, and that he or it is a necessary or projwr party to the action, the judge of the court in which the action is commenced, or the clerk of said court in the absence of the judge, shall cause the service of the sum mons to be made by publication. The affi davit I filed complies fully with this section. When the first publication of the summons was had, I procured a copy of the paper here and mailed it to the defendant. On the 22d day of June I was informed by my attorney that one J. J. Hedges had shown him a tele gram purporting to come from the défendent Late in the afternoon I succeeded in seeing the telegram, and was satisfied that it came from her. I had learned in the meantime that I ledges had written to one Strong, of Charlotte, Mich., offering to appear in the case and make no charge for his services. My attorney also informed me that when Hedges exhibited the telegram he also en quired if I had auy money to put up. I was impressed at once with the idea that some sort of a blackmailing scheme was to follow, and I urged Hedges to do as he had agreed for the defendant, and appear and take care of the case. After some considerable talk he agreed to do so, but he said he would not answer, as from what he could learn no such course was intended. He then mentioned the sub ject of alimony, and I told him he could not get it as I had given the defendant all the property I had. He then said he was too poor to go to Bozeman as I had in sisted he should do, and so we agreed that I should pay him $25 alimony in order to en able him to attend the trial. I then drew up a stipulation to try the case on the 23d, or as soon thereafter as counsel could be heard. I took this to his office and at his request changed the date to the 25th and he signed it. His appearance was then drawn up by Mr. Dingly, and signed by himself, and I paid him the alimony. I have never drawn a paper for him in this case or in any other. On Saturday evening, June 23d, Hedges came to my office and informed me he had made up his mind not to go to Boze man. I urged him to go, and offered to call him in the morning, but he 6aid he would not go. I then suggested the words, "or as soon thereafter as counsel in said case can be heard," be stricken out of the stipulation, to which he assented, and they were stricken out in his presence. It would make no dif ference if they still remained a part of the stipulation as the case was the last one tried during the term, and counsel could not well have been heard after the court adjourned sine die. The decree was drawn up by my self at Bozeman. Where I have practiced law, parties or their attorneys always pre pare such papers for the court, and I notice it very frequently done here. After court adjourned I met Hedges at the depot at Bozeman and asked him if he had come to be present at the trial of the case, and he said, "No, he had come on other business." What that business was the curious can learn by inquiring at Story's bank, where he suc ceeded in raising that day $300 upon a draft drawn upon his uncle, H. G. Hedges, at Mansfield, Ohio, and which has since been protested. When he returned to Helena he furnished for publication the motion to set aside the decree. No such motion has ever been entered. This same Hedges is now un der bonds to await the action of the Grand Jury, for attempting to bribe an officer to serve a warrant, which Hedges had made himself, without authority, and is now in jail, awaiting like action for having forged an affidavit to procure the arrest of certain parties here. I leave questions of veracity between bim and myself to be determined by the public. On the day when Hedges had the interview with Col. Woolfolk, I met him in front of the Independent office, in le. He le charge of officer Steele. He left the officer is and calling me to one side said to me, "If you do not use your position as Acting Gov ernor of the Territory to have me relieved from this, I will see Woolfolk and fill the paper,'just as full of dirt about you as I can." Hedges and myself have been antagonistic since about May 10th, when I tried the case in which the facts were brought out which caused his first arrest, and, in my case, I did not treat with him in any other manner than that which is set forth in this state ment. I gave the defendant all the property I had, except my law library. The reservation in the deed of the real estate, about which so much has been said, has ceased to be an element in the discus sion of this case, as the grantee has sold the property for a nice figure. We have two children only, and I shall continue to fur nish the means for their care and education. The boy will be twelve years old next November and the girl eleven next June. The charge is made that I brought my pres ent wife into the Territory when I came, and that I undertook to introduce her into society here as my niece or cousin. She came at the same time I came. It can be easily shown that she came here by the ad vice of her physician, to try the effects of the dry mountain air upon the bronchitis from which she was then suffering. She came at her own expense, and I did not as much as pay for a meal for her, and I chal lenge anybody to show that our conduct has been other than that w r hich is entirely proper. I did not undertake to introduce her into society here as my neice or cousin, and any statement to the contray is false, and can only be explained upon the theory that it is one of those unexplainable rumors which get abroad in a community at times and which can be traced to no responsible source. I married when I pleased, and whom I pleased, and in this respect am like every other married man, except such as are re ceived in first-class society and who bear the reputation of having been married in the immediate presence of the sheriff or a shot gun. To summarize: I brought the suit upon a meritorious case, in a court which I believed had jurisdiction, but whether it had or not, that question is settled by the ap pearance of the defendant. The cause for going there was because no term ensues here before late in the fall. The defendant had notice the same as though the case had been brought here. Publication of the summons has been had as the law provides, and a de cree has been entered according to law and the practice of the court. The decree w as granted upon the trial of the court, as a mat ter of right, and not as a favor, by Chief Justice Wade, whose purity and integrity are unquestioned. No court records have been disturbed by me, nor altered in any manner whatever. The only paper changed was the stipulation before it became a court record, and that was changed in the manner I have narrated. I tremble to think of the consequences if the date in that paper had been the 25th and by agreement had been changed to an earlier date. Mr. Snell, clerk in this office, was present on the eve of June 22d and heard me urge Hedges to go to Bozeman and do his duty in the case, and heard Hedges promise me upon his honor that he would do so. With those who prefer to believe Hedges, I ha\e no quarrel. For all others, I submit this statement, believing that when a calm, dispassionate consideration of this case is had it will be found to contain the truth and show sufficient reasons for my action in the minds of all fair-minded and unprejudiced people. Very truly, ISAAC D. McCUTCHEON. TIIE MISSOURI RIVER. Report of the Engineer on the Im provement of its Upper Channel. A Washington dispatch of the 27th inst. says that Capt. Jas. B. Quinn, United States Engineer Corps, has submitted bis annual report to General Wright of the improve ments made during the fiscal year on the Missouri river from Sioux City, Iowa, to Fort Benton, M. T., and on the Yellowstone river in Montana and Dakota. No work was done on I he Missouri river below Bis marck, operations being confined to the sec tion above that point, and as far as Fort Benton. The construction of a sufficiently deep unobstructed channel through the diffi cult reaches to accommodate the existing commerce was the object of the work. Iu the progress of the improvement obtruding rocks have been removed, and wing-dams constructed where needed. Steamboatmeu are reported to be well pleased with the results attained, and further work will give still better facilities. The character of the river-beds where operations have been arried on has been such as to guarantee the permanency of the work already done or that projected in this locality. The bene ficial results so far obtained justify the con tinuence of the work to completion. Below the present field of operations the character of the river is entirely different. The bot tom is SANDY AND SHIFTING, and the banks lack stability, although it is possible to greatly improve this portion of the river. Anything of a permanent charac ter is hardly to be expected as possible with any reasonable expenditure. Some slight construction, which can be speedily put into position, easily and economically constructed, and easily repaired when damaged by float ing objects, would be only practicable. The present method of carrying on the work is to employ two working parties, which have been sent to the site of the work each year about the beginning of the low-water sea son, continuing in the field until freezing weather compelled a cessation of w ork. The difficulties have consisted in supplying these parties with the necessary machinery, invol ving some hardship and long delays. The smallness of the allotments for this work has prevented a due allowance for suitable ma chinery, and this has raised the total cost considerably. In urging further appropriations the re port mentions that between Sioux City and Fort Benton there is nearly 2,000 miles of navigable river, for nearly the whole distance through an exceedingly promising country, which is rapidly growing in population, and bids fair to require vastly greater facilities for the transportation of its produce in the immediate future than at present exist. Be tween Sioux City and Bismarck the river is practically unimproved and opposes CONSIDERABLE OBSTACLES to the passage of steamboats. Above Bis marck, where the improvements have but just begun and navigation is still difficult, 32,000,000 pounds of freight were handled by the steamboats during the year. The projected improvements include deepening and confining the channel, after the plan at present followed. A good clam-shell dredge asked, the cost not to exceed $15,000, for this work. A suitable steamer to do the swaying is also estimated for at $15,000, with a similar amount to run it for one year. The la^or that can be profitably expended on the upper portion of the river will cost $50,000, making, with the dredge, $65,000. For the sandy portion of the river at least $300,000 is asked. Total for all, $305,000. The expenditures for last year were $37,919, 72, leaving $54,211.92 available Joly 1. LADIES! Look Out For The GRAND SLAUGHTER OF DRY GOODS AT SANDS BROS DEALERS IN Waions, Bops, Apnltnral Implemeats, Flour and firm. SPECIALTIES : Mitchell Farm and Spring Wagons, Buckeye Mowers, Deering's Twine Binders, Fürst and Bradley's Garden City Plows, and Hand and Self-Dump Rakes, Bug gies, Carriages, Phaetons, Landaus, Sulkeys,T Carts, Jump Seats, Road Carts, and Buckboards. We will also carry a full and complete stock of Harness, Whips, Wagon Sheets, Barbed Wire, etc., etc. Wc have given our personal attention to the selecting and purchasing of our stock, buying direct from manufacturers, and we have no hesitancy in say ing that it is the finest and most complete stock ever brought to Mon tana. Your patronage is respectfully solicited. Office and Repository at our New Building, Lower Main St., Corner Main and Price. d<Stw3m-je26 PROSPECTORS And all others who have for sale PROMISING LEADS, Should call on MERRILL INGALLS, Healers in Mines exclush ely. Office----Broadway, opposite w2m-jyl9 "Herald" Building. A SURPRISE PARTI! SURPRISE NUMBER ONE. If you want to enjoy a genuine sur prise, call at Fred Gamer's and look through his large, elegant, Metropolitan Boot and Shoe Store. Nothing like it in the mountains. Friends, Customers, and the people generally, always wel come. SURPRISE NUMBER TWO. You will then exclaim—"What an im mense stock of goods!" Mr. Gamer, anticipating the lively times that are upon us, shipped in a stock of goods un equalled in the Territory. There are Boots and Shoes enough in the house to shoe all the big folks and all the little folks within a radius of hundreds of miles. SURPRISE NUMBER THREE. A new store, new goods—and what else? Why, new prices, to be sure. This is a. new era. Quick shipments, cheap freights, and lively times make low prices. Goods sold cheaper than ever. Country customers may rely on all orders by mail receiving prompt atten tion. Boots and Shoes made to order. Re pairing done. Satisfaction Guaranteed. FRED GAMER, Main Street, • daw-aug7 - - Helena. to ST. MARY'S ACADEMY, SALT LAKE CITY, UTAH. rs of the Holy Cross, The course of study is thorough, embracing all the branches of a solid and refined education, fit ting the pupils to be intelligent, useful and accom plished members of society. French, German, Latin, Drawing, Special Culture in Vocal Music ; Ornamental Needle Work being included in the English Course, form no extra charge. The Musical and Art Departments, conducted on the basis of the best European Conservatories and Art Schools. No interference with the religious belief of non Catholic pupils. Terms for board and tuition moderate. Aè Small boys received in a separate depart ment. Classes to be resumed Monday, September 3d, 1S83. Half-fare can lie secured for pupils coming and returning. For catalogues address as above. deod30d-aug7 ST. Aloysius Day School for Boys. Classes will be resumed on Monday, August 20. Terms, (per month in advance.) Primary Department...............$2 00. Grammar " $3 00. Higher " .$4 00. Classes—From ft45 to 11:45 A. M., and from 1:30 to 3:45 P. M., every day except Saturdays and Holi days of observation. Ätwlm-augS L. B. PALLADINO, S. J. Cheyenne Saddle Shop B. R. Solo Prop rietor. Manufacturer of and dealer in Saddles, Harness, etc. Not only the cheapest but the best and only one priced Saddlery Hence in Montana. HOLTER'8 BLOCK, wly-apS Helena, X. T. FOR SALE HY THE Company. HELENA, - - - MONTANA. wtf-aug2 7 This space is reserved for HUMBERT & KENNETT LOTS In the city ELIGIBLE BUILDING LOTS Ii tbo growing towns of Townsend, Bozeman, Livingston For sale by the Land Department of the Northern Pacific Railroad Company, Montana Division, Helena, M. T. PRICE LIST AND PLATS WILL BE MAILED TO ANT ADDRESS ON APPLICATION. ED. STONE, General Land