The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1882-04-14
SECOND JUDICIAL DISTRICT COURT.
April Term, A. d. 1852.

Hon. William j. Galbraith, Judge.
Alexander Il. Mayhem, Esq, Territorial
District Attorney.
George w. Irwin, H., Clerk.
Thomas strang, Sheriff.
The court met on Monday April, 8, 1882.
The grand jury was organized, sworn and
charged, and retired to their deliberations.
1t consists of the following persons: VIM.
L. Irvine, foreman; George ID. Lyons, Rufus
johnson, Oscar Gruwell, Morgan Evans,
David NJ. Dunkleberg, John Edwards, John
G.. Mclean, Thomas Stuart, Nicholas Bielen-
berg, Samuel Scott, Peter Walton, John
Gerber, Joseph Marshall, John A. Feather
man, and John r. Quigley.
The following causes were considered:
1902. Territory of Montana VS. Patrick Doo-
ley; assault with intent to kill; heard on de-
PENDANTS plea of former trial and acquittal
aud taken under advisement.
1776. Patrick Riley VS.. Roger O'Hara; APP
peal; on motion to dismiss appeal; submitted
to the court and taken under advisement.
1904. Territory of Montana VS. John Lam
men, Mark Ryan, and Christian Gaffney;
grand larceny on indictment aud plea of not
guilty thereto; set for hearing April 10th ut
nine a. m.
1869. First National Bank of Helena VS.
James s. McAndrews, Louis p. Smith, and
Philip McDermott; replevin; continued for
the term.
1870. First National Bank of Helena VS.
James s. McAndrews, Louis p. Smith and
Samuel L. Larabie; replevin; continued for
the term.
1893. James K. Pardee VS. Josiah NJ. Mer-
rell; return of property; on issues of fact;
continued for the term.
1888. Nathaniel NJ. Hubbard VS.. Salton
Cameron; accounting; ondemurrer TO answer;
continued for the term.
1452. First National Bank of Helena VS..
John Caplce and Charles III. Smith; dam
ages; continued for the term.
174S. Hope Mining Company We. John Cap
lice and Charles H. Smith; title to quartz
lode; continued for the term.
1866. James III. Conner, Amanda Demars
and Michael Cunningham VS.. John Caplice
and Charles III. Smith; title to quartz lode;
continued for the term.
1909 John G. Belk VS.. VIM. A. Clark, Joel
A. Moss, Calista +. Moss, David Thompson,
Charles III. Miller, and Joseph r. Walker:
eiectment; continued for the term.
1892. Andrew O'Connell, Albert Klein
schmidt, James NJ. Ryan and Reinhold Fl.
Kleinschmidt VS.. Isaac n Sloan and Thomas
H. Cutler; title to placer; continued for
the term.
The grand jury presented indictments
against William Curtis for assault with inten.
to kill, and Lee Gin for burglary. Demurrers
were filed by Mr.. Napton, counsel for defend
ants, which were sustained in each case and
the cases resubmitted to the grand jury.
1913 James r. Davidson vs.. Kate NJ. Dav-
idson; divorce; appearance of J. G. Robinson
as attorney for defendant withdrawn.
1900. Susie White vs. Charles +. White; d.
vorce; default of defendant entered; cause re-
ferred to A. s. Higgins to take testimony.
1867. Richard T. Kennon VS. John T. Gill
mer ct al; defendants given till April 18th to
answer second amended complaint.
1881. Abraham Sands and Julius Sands vs.
Reuben l.. Davis, administrator of the estate
of Charles Blum, deceased; return of prop
erty, judgment for plaintiff entered.
1869. Frederick J. Keisel and Gumper Gold
berg vs.. Charles Wunderlich and VIM. T.
Johns; debt; deaths of Goldberg and Wun-
derlich suggested, and Frederick j. Kesel
surviving partner, substituted as plaintiff and
Frank Il. Wuuderlich, administrator of the
estate of Charles Wunderlich, deceased, sub
stituted as defendant and cause set for trial
| April 18th.
1873. Bennett Degenhart vs.. VIM. Ham,
mond, James McDonel, and Peter Smith on
appeal; set for trial April 18th at 2p.m.
1919. The Hope Mining Company VS.. The
| Algonquin Mining Company; damages and
| Injunction; dismissed as settled.
1876 James McDonel ct al. w Henry Milot;
| appeal from Probate Court; set for trial
April 18th at Up. IN.
The following named persons are in Al
tendance as trial jurors:
| David Hennessy, George Bell, John Nc
Clure, T. 4. Blakely, Peter Peters, T. @.
| Cowan, James Pierce, Alex. belong, las
mus Rasmussen, John Rains, Maurice Far
rell, George Swartz, James Geay, Fred Gar
| sey, C. w. Wilkinson, Monroe Hanna, John
| westfall, VIM. Hardenbrook, Alex Wight,
J. M. Hartwell, Frank johnson, III. c.
Reyes, A. G. Leger, Joseph Lodge, George
Mock, Edward Mason, Phil. 4. Evans, John
Lehman.
John Mcclure, Alex. belong, Maurice
Farrell, David Hennessy, James Pierce, A
G. Leger, and John Lehman were excused
for the term for good causes shown to the
court, and venire No. 2 issued for three tria
Jurors, returnable forthwith.
1873. Mary J. .Neirling VS. Henry Neirling
divorce; default of defendant entered, ant
cause referred to III. Il. Whitehill 10 take ties
timony and report.
1909. John G. Belk VS. Charles s. Warrel
and William A. Clark; title TO quartz lode
dismissed for want of prosecution with leav'
to reinstate for good cause shown.
The grand jury reported true bills agains
William Curtis for assault with intent Il
commit murder, and Lee Gin for burglary.
The grand jury also presented their fina
report and were discharged. Their report i
as follows:
| To the Honorable W. u. Gaibraitt, Judge Off
Second Judicial District Of Montana Ter
tory, Deer Lodge County, april Term, 1882
We, the Territorial Grand Jury, in and TO
, said county, make this eur final report an
ask to be discharged.
, We have diligently inquired into all o.
: fences against the laws that have bee
brought to our notice, and have made sue
presentments, or indictments, as we deeme
the evidence justified us in making.
We have visited the Territorial Prison an
find the prisoners well cared for, the cell
, clearly and in as good sanitary condition
the crowded state of the prison, and prise
grounds, will admit of.
We believe that the increased and increa'
ing numbers of convicts is not only endai
gering the health and safe-keeping of th
prisoners, but Is most certainly irnperillin
the lives of the warden and the guards.
We would urgently recommend that tn
prison be enlarged to the extent of the pla
first proposed, at as early period as pract
cable and also that the prison grounds be Of
! larged, embracing all the grounds belongin
= to the same.