The page one story from the Minneapolis Daily Star has all the elements of a riveting legal drama: a destitute ex-wife and child, a deadbeat junk-peddling dad, a string of nameless lawyers and a judge with a commanding courtroom presence. It’s well-written, too, with some great dialogue. The back-and-forth between the ex-husband and his ex-wife’s lawyer is right out of “Boston Legal.”

The quality of the editing, unfortunately, isn’t up to snuff. The typos, bad grammar, poor use of subheads and a reference to a nonexistent “Mrs. Robie” are probably the result of tight deadlines and tighter staffing. This is what happens when you don’t employ enough skilled copy editors to match the workload.

EX-WIFE HIRES FORTY-ONE LAWYERS TO COLLECT $5 SUPPORT MONEY

SPOUSE DECIDES
TO PAY AFTER
VISIT TO CELL

Junk Peddler Makes Three
Year Fight to Dodge
Payments

Tobie and Esther Milstein.

Mrs. Tobie Milstein and daughter, Esther, 7, are sitting on the front steps of their home at 2112 Fifth avenue N., today, with mixed emotions, waiting for the mailman.

Uncle Sam is bringing them a $5 check from Raphael Milstein, 118 Emerson avenue N., junk peddler, divorced husband of Tobie and father of Esther – if things don’t go haywire again.

Still Has Fingers Crossed

It has taken three years, 41 lawyers, the Legal Aid society, four court appearances, one jail sentence and a peck of trouble to get that $5 check to Tobie from Raphael for the upkeep of Esther.

But today it’s ended and Tobie, although the day is yet young and her fingers are crossed, is hoping.

The record of litigation, to say nothing of a woman’s determination, has set a mark in Hennepin county courts. There probably is no case like it anywhere, courthouse authorities said today. Chances are, there never will be again. People can only go through great trials, it is said, once in a lifetime.

Raphael Got Divorce

Dan E. Richter, 302 Plymouth building, is the forty-first attorney hired by Mrs. Robie.

The records disclose that Raphael got a divorce from Tobie in 1923 by default and that Raphael at the time pleaded “poverty” in a hearing before Judge E.A. Montgomery in district court and was relieved of the necessity of supporting Esther.

Tobie couldn’t remember the names of all her lawyers, but the records disclosed that Raphael made the acquaint of Judges E.A. Montgomery, Frank E. Reed, E.F. Waite, W.W. Hardwell, all of distrrict court, in his attempts to resist paying for Esther’s support. It got so court rooms were as familiar to him as his junk wagon.

But like all Napoleons, Raphael was doomed to meet his Waterloo. It took place in Judge Reed’s court.

Richter asked Raphael to show cause why he should not support Esther. Judge Frank E. Reed issued the order on March 26.

Raphael Ordered to Pay

Raphael appeared and pleaded poverty. “Forty lawyers and the Legal Aid society have found me not liable,” his attorney, answered for Raphael.

But Judge Reed, dumbfounded and somewhat dazed, ordered that Raphael must pay his former wife $5 “for the support and maintenance of their minor child, Esther Milstein, commencing April 1 on each Saturday thereafter until further noticed from the court.”

Sends $2 Weekly

Monday, April 5, Richter received a $2 check from Raphael and on succeeding Saturdays there came a $2 checks.

Then Tobie went down for a conference with her forty-first attorney.

“What did I tell you?” she asked, the battle light still gleaming in her tired eyes. “The judge say $5 and Raphael send $2.”

“Well, it isn’t that Raphael needs more coal,” decided Richter, “but that he requires more blankets. Se we’ll give it to him.” Richter went down and obtained an order for Raphael to show cause why he should not be cited for contempt of court for failure to pay the $5.

Raphael Marries Widow

In the meantime Raphael, after obtaining his freedom from Tobie, had married a widow and three children just over from the old country.

So when Raphael appeared the second time before Judge Reed he was accompanied by his second wife and their children. Tobie and Esther hovered in the background.

Raphael took the witness stand.

He testified he made $5 a week as a junk peddler in winter and $10 a week in the summer.

“What are your expenses a week?” asked Richter.

$5 for Horse, None for Child

“It takes $5 a week to feed my horse,” Raphael answered.

“You’ve always been able to dig up $5 a week for your horse?”

“Yah.”

“Nothing for your little girl?”

“No.”

The courtroom crowd roared with laughter.

Further questioning brought out the fact that Raphael owned a home on the North Side that he valued at $6,500; that he had recently sold a load of junk for $35 and that he received $20 a month house rental.

“Why for you ask me all these questions?” shouted Raphael. “Ask her, ask her,” he went on, pointing to Tobie, his first spouse.

Then Raphael pulled the punch scene in the whole drama. He testified that he couldn’t work “because I got too much acid.” “Doctors say, too much acid,” he explained. But in the next answer he revealed that he hadn’t lost a day’s work in 14 years.

Second Wife Testifies

Mrs. Milstein the second then followed Raphael on the stand. She testified that she had purchased their North Side home with pearls which she brought over from Europe.

But Richter, the forty-first attorney, interposed right there.

“If the court please,” he said, “I ask that this order by enforced.”

“Milstein, stand up,” commanded Judge Reed. “Stand up – right up here,” pointing to a space before him. “I find you guilty of contempt. Pay up or go to jail.”

Raphael Chooses Jail

“I go to jail,” wailed Raphael. “I got no money.”

“All right, Mr. Sheriff,” said the judge, “take this man up stairs.”

Raphael went to jail.

In 20 minutes he was back down before Judge Reed. He made out a check for 12 back pay due Esther and promised to keep the $5 payments coming every Saturday.

His first payment is due today.

Night court, Minneapolis, 1924: Judge Reed’s courtroom might have looked something like this one. Except that light would have been pouring in the windows. And the participants would have looked more alert. (Photo courtesy mnhs.org)

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