The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1873-12-20
COURT PRoCEHDI16os.


I'd Judicial District---Decembsr Term,
le7S-Hiram Knowles, Judge; o. D.
oDannon, Clark.
U. 3. COURT PROCEEDINOs.
DECEMBER IL, $50 p. m.-NOw comes
the United States attorney and Offers the
following rule, which after due considera-
ton is adopted by tho court, and il ordered
to lie entered Of record, tO-wit:
Rule adopted by the District Court Of the
Second Judicial District in and for the Ter
ritory Of Montana:
The following rule is hereby adopted for
the government Of the District Court Of the
Second Judicial District in and for Mon
tana Territory in cases arising under tho
constitution and laws Of the United States.
viz:
In cases, the qualification Of Jurors, both
Grand and Petit, shall be those prescribed,
or which may hereafter be prescribed, BY
the laws Of Montana Territory, and on the
trial Of said causes, the United States and
the defendant, shall have respectively the
right to challenge juror for the same
causes as are or may be prescribed by said
laws, and shall have the right to challenge,
permptorily, the same number OF jurors
respectively, as are or may be allowed by
said laws 70 the Territory Of Montana and
the defendant respectively in similar oflen-
ces against tho laws of said Territory.
This rule shall not extend to cases Of
treason, nor capital felOnies, nor where the
laws Of the United States shall otherwise
provide.
SATURDAY, DECEMBER 18th 0 A. ~
U. 8. vs. H. ID. Upham: No. &c.; Bond for
release approved and filed; defendant re-
leased.
U. s. vs. Vim. F. Ensign and Charles E.
Giddings; No 81; motion to rescind order
heretofore made for separate trial Of deft's.
sustained; whcrcupon this cause coming
regularly on for trial upon the indictment
(fSr feloniously taking property belonging
to the United States); and the defendants
plea Of not guilty. W. F. Sanders J. Il:
ShOber aud T. L. NaptOn appear as counsel
for defendants and NJ. G. Page U. s. District
Attorney and w. II. Clagett for the Z. $.
10 jurors sworn on roir dire; IL excused Tor
cause.
DECEMBER 13.-United States w. Hiram
d. Cpham; (No. 26) judgment against dcft.
postponed until Dec. Is, 1OA.N.
United States vs.. VIM. F. Ensign and
&. +. Giddings; (No. ?7) trial resumed;
W. w. Dixon entered as as assistant cOun-
sci for the prosecution; defendants make
challenge to array Of petit jurors; Overruled;
ruling excepted to by defendants.
Fourteen jurors sworn on COR dire; one
excused for cause; three peremptorily cl,al-
lenged by United States; four challenged by
| defendants; defendants except to the per-
emtory challenges allowed by Court on
part Of United States.
Special vcnirc for five petit jurors issued.
DECEMBER 13, 1::O p. x.-Unitcd States
vs.. Ensign and Giddings; (NO. 27) three
Jurors sworn Oh roir dire; two jurors per-
cmptorily challenged Oh part Of defendants.
The following named jurors sworn to try
cause: Chauncy Barbour, RObt. McMinn,
Henry Brandy, W. A. Clark, Thos. Strang,
W. T. Elliott, N. Humber, d. A. Morrison,
J. b. Wilcox, G. W. Kent, Joseph A. Hyde
and Thomas Aspling.
One witness examined on part Of prosecu-
ton.
Jurors empanellcd in the Upham case
excused for the term.
DECEMBER 15.-United States vs.. Upham
Judgment deferred until 0 A. N. Tuesday,
December 10th.
United States vs.. Ensign and Giddings
trial resumed; five witnesses examined on
part Of prosecution.
DECEMBER 16-Unitcd States Va. Upham
new bond given, conditioned that defend
ant appear from day to day upon order d
the Court; defendant released from custody
United States vs.. Ensign and Gitldings
trial resumed; two witnesses examined u
part Of United States; counsel on part o
United States here close their case. Dc
PENDANTS here move for nOIl-suit; COur
Ovcrrules motion: defendants except; two
witnesses examined for defendants, where
upon defendants close their case. W. w
Dixon. counsel, opens argument on part q
United States, and is followed by J. IL
Sllober, Esq, counsel for defendants.
DECEMBER. 17th.-U. s. vs. Ensign ant
Giddings; trial resumed; arguments by N
&. Page Esq, U. s. Attorney for Z. 5.
W. F. Sanders and T. l.. Napton for dc
PENDANTS, and VIM. H. Clagett for u. :
After being charged and instructed by tn
court jury retire to consider their verdict
and after 2 hours bring in the followin,
vernict:
~. s. vs. Vim. F. Ensign and Charles +:
Giddings. We the jury find the defendant
; not guilty rs charged in the indictment"
fSigncd) W. 4. CLARK,
Foreman.
DECEMBER 1S.-United States W.. Ensig
and Gitldings; Indictments No. % and ~
dismissed by counsel for United States.
United States W. Ensign, Power. an
Upha,n; indictment for conspiracy to dc
fraud the United States; nolie prOsequi q
to T. e. Power entered; "A jurors sworn o
poir dire: nine excused for cause; tire
CHALLENGED Nv defendants; one challenge
by plaintiff.
DISTRICT COURT PROCEEDINGS.
DECEMBER 11.-Kleinschmidt W.. IIenr
Brundy; case placed OH calendar.
DECEMBER 12.-Auerbach & Klein "
Louis & Coleman; this cause coming on
be heard upon tho motion Of plaintiffs for
reference herein to- master in chanccry til
motion after argument Of counsel is owe
ruled by the court to which ruling Of til
d court plaintiffs except.
Peter Walton vs.. c. Wilkinson and wifi,
by agreement jury waived; cause passed III
= til called up by parties.
, Dance & Murphy vs.. John Coffey; defau
!. of defendant John COifey.
Dounell, Clark g. Larabic w. James !
Brown ct nj; Judgment granted against d
) PENDANTS and clerk ordered to assess dam:
}. ges.
h Dennis Manton vs.. NJ. Foley ct al; plail
| tjffs ruled to give security for costs or j u
tify 10 days before the next term.
DECEMBER 13.-Wm. II. Cannon vs..
8 s. Warren, Sheriff, ct al: cause ret for tri
n Dec. %.
John Hervcy vs.. Comanche Silver Mi
. ing Company; cause placed on count; {
motion OF plaintiffs attorney ordered tn
3 summons No. 2 he issued.
y Dennis Long admitted to citizenship.
q DECEMBER 1Sth.-Decr Lodge county
y Henry Schoidy; demyHier sustained as
y John 8. Rodgers vs. Henry Allen; demur
It withdraWn and decree by stipulation
n favor Of plaintiffs granted.
=. r. Kleinschmidt W Henry Brundy; argue
on demurrer and taken under advisemer
WV. COLEMAN has just received thr
hundred and fifty boxes Of choice CalifOrn
fruits, which he now offers for sale cheap
than ever. Call and examine his stock.
220 esq .#=--.a s=s %
~ CEDAR CREEk.-Mr. G. F. Buck, Of q
| g. ~ Nal, 4, C,.vr Enros% Citv vrhn ~