The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-05-14
3 A r GA | N !
z. L. Bonner B. Co.
Deer Lodge.
COURT NOTES.


Some More Causes Off the Calendar.
The jury in the case Of the Territory W.. Annie
Northcutt which YVES trial at time OF last issne,
disagreed and dismissed II Is reported to have
stood seven for conviction and Ave for acquittal.
Tong All Alta chinaman who shot fellow country
man through the arm while reposing In the arms OF
Morpheus. and Chinawoman, at Butte last nuary,
was ind cied for assault with intent to commit muir
der The jury found Tong guilty" and left the
punishment with the Judge who on Wednesday sen
fenced him TO years term In the Penientiary.
Some months since a certain DR.. Del came to Butte
from Utsh where. according to the Tribune. he bore
blemished character. The green fields aud pastures
new Butte did not appear TO prove surprising
y attractive ana remunerative to the Doctor who 10
Ia advanced years, and one dav in February he
proceeded to ya'Iton's Livery Stable and engaged
team and buggy to drive to Deer Lodge. The team
was sent around the next morning and the Doctor and
lad who seemed to be his proege, got In and drove
off, d seems the Doctor not familiar with the
roads and, turning off at Silver Bow, he drove like
al mad for the Railroad. When near Estes Station
one Of the horses gave ont. and the Doctor, whose
memory IL seems had become impaired somewhat.rep
Resented that the team his left the fatgued horse
and borrowed another with which he continued the
journey. At Williams Junction the deep snow pre-
vented his further advance with the team and he left
IT, continuing On with the lad. In the meantime Mr.
Walton learned DIR. O. had not come to Deer Lodge
ana with Under Sheriff Smith pursued and caught
him at Camas Creek. The boy, whose feet were fro
Gen. went TO Salt Lake where he has since suffered
putation of one of them. For the Doctors escapade
he indicted for Grand Larceny, found guilty and
hts pu nisnIIOns cd ys~ss' imprisonment
In the Penitentiary. HE sentence was pronounced
| Wednesday evening.
| case In which something more might have devcl-
oped than indicated by the title, The Territory W..
ID. N. Upton Il al; nuisance" came up on Monday.
1t WAS technically known around town as''the Smoke
House suit" and ended, all well. regulated Smoke
| Houses should In smoke. The Smoke House, II a
located quartz mining claim, lying ard situate In the
city OF Batte to which the owners claim title prev-
Gus 10 the Town-eite entry and which, II the surface
rights 10 with the mine, would probably take In half
the real estate, in vane Of that enterprisnz Young
| metropolis. IL has accustomed some solicitude to
property owners and is quite pet with Its own own
ers Ii appears that come date In the past, the
owners sunk, or caused to be sunk, q shaft on this
lode on one OF the city alleys. Thereupon complaint
| was made that the said shaft or hole as the case
might be, was nuisance. view which was favora
bly, entertained by the Grand Jury and " true bir
found TO that effect The smoke House owners en-
gagged the services of Thos. L. Napton, ESQ. When
the case came up Napton entered a demurrer which
was oyerruiei. His clients then plead "Not Guilty
and the cause went on Pending the examination oi
witnesses Mr. Sapton made motion to qnash the in
dIctment because neither District Attorney Mayhew's
| name nor the names of the prosecuting witnesses
were Endorsed on the indictment. The indictment
had been signed by Mr.. Mayhem and II was signed BY
the Foreman of the Grand Jury "a true BILL" Judge
GaIbraith oyerruled the motion, holding the issns
could not be raised altar defendants demurrer had
| been overruled and they had entered plea OF moi
guilty and proceeded. Mr.. Lee W. Foster being ex-
| amined testified the shaft had been filled up and
hence the nuisance abated. For sufficient reason
| therefor the District Attorney then moved that
nolls pros be entered In the case. The motion wa
sustained and the tria ended The case did not nec
essarily or even probably involve the question Of
titles.
The Calendar has now been cleared OF criminal husi
ness except one minor case and civil busiuess 10 be-
ing proceeded with. The PhiIipsburg mining Gaze,
/ Murray Il Durfee vs.. j. X. Paidee viii me up nex
! Tuesday. Some 40 witnesses are summoned and TN
case promises be tedious. IL may necessitate Tn
| jury's going to the mine which alone viii oceup,
| nearly d week.
The case of N. A. Hickey ys. ID. N. Upton TO
| the recovery OF mining Rfoubus nAs ocSup'oo sn'
curt for two days and ID still on. Mr. Thos. l.. Nap
| ton appeared for Plaintiff and Messrs. MAYHEM ant
Forbls for Defendant. II involved incidentally
matter OF great Importance to mine iocatorf hicke!
IN 1875 made location Of quartz lode using the blani
| forms Of location adopted by Recorder Clark whel
themiuing law OF ~ went int effect Upton locates
| in 1873 using the form OF blanks now In ase por
ton OF Up,on's location tapped upon that Hickey
Hickey claims he 10 In possession and sues Upton
ouiet title To the portion Of ground In dhpnte. Oh
offer 10 introduce the location Upton's attorney
rails. the pont that the verincation Ut Hickeys oca
,n doe. not state th.t the matters aud things cor
tanned In the location are true that therefore the
cation OF Hickey does not comply with the mimi
laws in effect and object 10 its Introduction. -
locations made for two ycars more In this count
were verified In tine way IL will be reen that %
Question involved the rights OF IN immense amour
of ouarx property especially In the vicinity OF Butt
His Honor. Judge Gaoralth, took the objection W.
der Amusement and ut p. =. ON THURSDAY oss'
ruled il, thus sustaining this forms OF location use
for number Of years.
In the Kennedy case the Prosecution was grante
unt NAV nth 70 die counter statement on the motto
for new trial and the sentence Of Kennedy was aga
deferred until Saturday, May nd.