Mrs. Kate D. Edgerton, of Merriam Park, who is having a legal fight with her banker husband, E. D. Edgerton, at Helena, for divorce and $50,000, made an affidavit at the Montana capitol two weeks ago which is strikingly at variance in important particulars with some of the garbled extracts telegraphed [to] papers in St. Paul, Minneapolis and Chicago. She says that it is not true that for nearly a year prior to May 1, 1880, she and the defendant did not live together as husband and wife. In the spring of 1886 she lived with the defendant, E. D. Edgerton, at their home on Benton avenue, Helena, as his wife, occupying the same room and bed with him. In the month of _________ 1886, they rented their house on Benton avenue to Alexander Devine, also the furniture, and Mrs. Edgerton with her boy Ralph went to live and had rooms with Mrs. John Neill, on Ninth avenue; then went to Mrs. Dr. Waite’s at Beaver Creek ranch and stayed two or three weeks. While there the defendant came once to see her and stayed all night, occupying the same room. In July, 1886, she went with Ralph to Ovando, Mont., and lived on what is known as the McNally ranch. That in September of the same year, while at McNally’s, the defendant wrote to her and telegraphed her to join him at a place called Avon; that she went there, took a room, the defendant joined her and stayed two days, occupying the

Same Room and Bed

with her and at all times recognized her as his wife, and so introduced her to his friends, paid her bills and directed the place of her stopping. During the summer of 1886 they had rooms at the Merchants’ hotel in Helena, and remained there for some time. On the same floor with them were E. C. Childs and family. The hotel was then run by James O’Brien, and her presence in the house was well known to a great many living at Helena. During some month in 1886, which is not given in the affidavit, they went to Mrs. Norma D. Chadwick’s, on Breckenridge street, and stayed there until October, 1886. The reason of making the change was because there was a case of diphtheria at the hotel, attended by Dr. Cole, and that for fear of the health of their son, Ralph, Mr. Edgerton made the change. She remembers these dates well, and she did not leave Helena until about October 24, 1886, and the defendant went with her and their son as far as Toston. On the same train were Maj. Maginnis and John Carter. Mrs. Edgerton says she left Helena at the request and solicitation of the defendant, and for no other cause. During November, December, January and March she lived in New York city and at Fluvana, Chatauqua county, N. Y., frequently communicating with the defendant. It is true that the defendant and she did not live pleasantly together, but it was from no cause of hers. From a few months after her marriage he exercised a course of cruel and inhuman treatment of her, frequently striking and beating her, and in other ways that were

Cruel, Inhuman and Criminal

made her life miserable and unhappy. When she went East he promised to send her regular monthly allowances. That he failed from the first and that to enable herself and her son to live respectably she was [obliged] to seek and perform daily labor. Frequently the defendant would state to her: "If you were out of the way I would marry Miss ______." By reason of this treatment she agreed to live separate from the defendant. Early in September, 1887, the defendant’s father, then living in Oradel, N. J., died, and the defendant went East to attend the funeral and met Mrs. Edgerton at her rooms in New York. About April 4, at 149 West Eleventh street, she wrote at his dictation and through fear of bodily harm and injury the letter of authority to E. D. Weed, as stated in her former affidavit. For a short time the defendant lived with her in March. Early in April she went with him to Philadelphia and stopped at a hotel, where they registered as E. D. Edgerton and wife and son. The defendant remained with her until the early part of May, 1887, when he left her to come West. He had taken her to his mother’s home at Oradel, N. J., and she went to the train with him when he left for Helena. She did not see him again until September, 1889, although they frequently wrote to each other. After leaving his home, Mrs. Edgerton says she lived with her friends until the fall and winter of 1887, when she went to Napa, Cal., and remained there until September, 1889, where the defendant wired her to meet him in Portland.

She Traveled With Him

from Portland to Helena, and then traveled alone from there to Merriam Park, where she has since resided. It is not true, she says, that the defendant purchased a home for her and had it luxuriously furnished; the fact being that he has paid only $1,100 on the house, which stands in his name, and he claims that he can sell it over her head at any time. Mrs. Edgerton says it is not true that the defendant has made her presents and part of the time paid her $100 per month; that most of the tine she has only received $50 a month, and for a short time $75. These payments were irregular and uncertain. That she has been at numerous times in absolute want. To maintain herself she was obliged to take in roomers and boarders in the house she is living in, and during all the time she and her son have slept in a back attic on beds of straw. Since September, 1889, the defendant has lived with her as husband some of the time, as follows: In November, 1889, nearly a week; in January, 1890, two or three days; in June and April, 1890, several days. In the year 1886 she says she was forced by the defendant to submit to a very painful operation at the hands of ______ ______, being the person referred to in defendant’s affidavit, as she is informed, a surgeon and doctor residing at Helena; that it was against her wishes and desires that she did not submit, and only when her husband, the defendant, stated that she should, if he had to bind her hand and foot and gag her, did she submit. While the operation was about to be performed the doctor made a

A Criminal Assault

upon her; that she repelled him, and he desisted from his efforts. After she recovered from the operation she told her husband of the conduct of the doctor and he paid no attention, but still compelled her and her son to receive treatment from him. She denies emphatically that she was ever criminally intimate with the doctor or any one else, and denies that she wrote the words, "and often while at his office under treatment submitted to his wishes and sexual intercourse." She believes that that part of the letter is a forgery. She denies that she ever left Montana to avoid the notoriety of a divorce proceeding on the ground of adultery, and further says she may have written many foolish letters that may be construed to her detriment, but avers the fact to be that each and every act of her daring the entire time since her marriage with the defendant she is willing should be made public, and when shown the letters she has written she can explain every sentence in accord with honesty and faithfulness to her husband. That the date given by her in her affidavit heretofore filed as her going East about May, 1886, is untrue, and the only excuse she can give for it so appearing therein, and not having been changed when signed and verified by her, is that it was read to her in a hurry and escaped her attention. Attached to the affidavit are three envelopes addressed to Mrs. Edgerton, and said to be in the handwriting of Mr. Edgerton, and which she received while at Ovando and Helmville in September and August, 1886. In the affidavit part of one of the letters is given as follows: "Dr. Kate - I suppose you will get this before Sunday. * * I rather expected you this morning and went to the train to meet you. * * I am not feeling very well, and you may stop at Avon and telegraph me. I will come over and stop a day or two. Affectionately, E. D. E." Referring to the Billings divorce, Mrs. Edgerton says Mr. Edgerton told her in December, 1889, that he had procured a divorce. She said she did not believe it until she saw the paper. That defendant continually came to her as before, calling her his wife and introduced her as such, and lived with her as her husband; and when brought to task for the seeming contradiction of telling her that he had a divorce and still claimed his rights as a husband, said: "Oh, that does not amount to anything."

Mrs. Edgerton’s affidavit states that she is not prosecuting her action for any reason except to obtain means of livelihood and support for herself and son; that for the past seven months she has received nothing from defendant and is absolutely destitute.