The river press. [volume] (Fort Benton, Mont.) 1880-current, 1881-04-27
:. JUSTICE.
Proceedings or the Third Judicial Dis
fricG Court.


Proceedings OF the Third judicial DIS
frlct Court.
The Third Judicial District Court opened
Wednesday, April Goth, at 9 9. 70. Inc
Grand Jury was charged BY Chief Justice
Wade upon the points which he is required
by law to present, especially calling attention
to the late laws regarding selling liquors to
the Indians, andto the thorough Investigation
of county officers, and to inquiring into all
murders, or attempt at murder, which may
have been committed in this county. After
calling the petit jury and assigning cases
ready for trial the Court adjourned.
SECOND DAYS PROCEEDINGS
Court opened 81 8 q. N.
The demurrer in the cese Of Kingsbury VS..
Curruthers, filed by defendants attorneys,
was oyerruled end the answer ordered to be
filed.
The same order was made in the similar
case Of Davenport vs.. McGowen. The above
cases are eiectment suits to recover posses
sion Of desert land claims.
The demurrer in HackshaW vs.. HackshaW
filed by defendant was overruled and answer
ordered to be filed.
The divorce suit of Smith vs.. Smith then
came on. 4 jury was ~impanneled alter
some exercise of challenging. A motion Tor
Judgment, the pleadings were denied by the
court. The plaintiff then introduced testi-
n1ony to show her husband was intemper-
ate and cruel, had often threaened and had LII
treated and that his character was bad.
The defense brought forward evidence to
show that the plaintiff was also Incorporate
and immoral. Some of the details Of this
case are unfit for publication.
After arguments by Messrs. Buck & Hunt,
for the. plaintiff, and BY Messrs. Waterman
and Kanouse for the defendant, the case
was submitted to the jury, who brought in 9
verdict for the defendant.
THIRD DAYS PROCEEDINGS.
Court met at 8 q. m.
Tie case Of the Territory VS.. Lacy was
dismissed.
In the case of Evans VS.. Steamer Helena,
arguments were heard on the demurrer to the
jurisdiction participated in by Messrs. Tat
tan, Rolfe & Cullen for the plaintiff and
Donnelly for the defense. Decision re-
served.
day.
Territory VS.. McDevitt; appeal on account
OF costs, was passed until the last Of the
week.
FoURTH DAYS PROCEEDINGS.
Court met at the usual hour. In the mat.
ter OF Smith vs.. Smith, Judge Wade stated
that the evidence showed neither parents
fit persons to be intrusted with a child, bu
since the father had testified he had no means
of support he would temporarily give the
child to the mother, intimating that he would
be liable to change the condition for cause
The ruling Of the court in reference to tht
steamer Helena cases was that that part o.
the code relative to the attachment of boats
was unconstitutional; that such cases mus
be brought in 8 court setting as a UniteG
States court at Helena, but the parties would
have q right to bring action against the W
ers Of boats in this court or any other hav
ing common law Jurisdiction. This decision
is OF much interest to the citizen Of thi'
county. However, it only changes the man
ner Of procedure and does not affect the lie
gal rig hts of anyone.
Upon the case of the Territory vs.. Turner
District Attorney Lowry asked leave to noN
prosequi the case. He stated that he had e x
amined the witnesses for the prosecution ant
that the principal witness had denied tina
there was any attempt to commit the crime
and that she had been induced to swear
falsely by other persons. This yindication
although tardy, must be gratifying to thu
friends Of justice. But words would fail t.
express the indignation which must be fel
towards the ones who have thus sought te
destroy the reputation Of an innocent mar
and bring disgrace upon bis family.
the demurrer In the cases Of Wetze
& Weatherwax vs.. Mayhem s. Grondchonh
was overruled and an answer ordered.
The forcible entry and detainer Case 81
KiugsburY vs.. Carruthers, appealed from TIC
Justice court, came in for trial at | o'clock.
The plaintiff showed that he had built 9
cabin on his claim in 1879, and filed under
the Territorial law, and that he surveyed
and marked the corners of the land and
filed in the Il. s. Land Office a desert land
claim and received a receipt from the office
That he commenced to take out a ditch and
had notified tha defendant to leave the claim