The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-05-11
SECOND JUDICIAL DISTRICT COURT.
Proceedings May Term, 1888.


Court met on Monday, May 7th. at . a. m.
Presentation. VIM. j. Galbraith, Judge,
presiding; Hon. VIM. Fl. Dewitt, U. s. Dis
| 'r''f Attorney; Hon. A. G. Botkin, U. 8.
Mar.hal; r. L. Davis, Clerk.
N"rses requiring either grand or petit
jury
s. J"in I. Reese VS.. the Montana Cop
per Company. Dismissed at costs of defend
ants.
4-John T. Reese VS.. the Colorado and
Montana Smelling Company. Same.
1-Williain woodcock VS.. Charles II.
Fiske. Appearance of Robinson & Staple
ton as counsel for defendant withdrawn;
cause continued for the term.
Territorial District Court convened on
Monday, May 7th.
Present-Hon. WIN. j. Galbraith, Judge,
, presiding; Hon. W. Y. Pemberton, District
Attorney; j. B. McMaster, Sheriff; II. L.
Davis, Clerk.
The grand jury, composed of Addison
Smith, uoremanl. L. III. Irvine, Robert s.
Kelley, N. Bielenberg, j. E. Dickey, Conrad
Kohrs, Geo. Cockrell n. Connolly, Henry
schnepel, II. s. Showers, G. w. Morse, w.
A. Hensley, J. L. Goodwin, Peter Jessen,
Frank Stephens and VIM. Norton were
sworn, charged by the Court, and proceeded
to business.
1G98-Frank Bandit vs.. Frank Boutellier.
Action dismissed at plaintiffs costs for want
of prosecution.
kirkpatrick Riley vs.. Roger OHara.
Appeal dismissed: Judgment against plaintiff
for cost
1910 and 1Sil-Conrad Kohrs ct al. vs.. Utah
g. Northern Railway Company. Set for trial
Monday, May 14th, 10 am.
1s91-willism Courtvay vs.. Thomas strang.
Dismissed as settled
ISS4-Georgie A. Cater vs.. George p. Cater.
Cause referred to r. L Davis to take testi-
meny and report facts.
1SS2-John Caplice ct al. VS.. Henry I'm
kamp. Demurrer to complaint overruled.
TUESDAY, MAYS.
1s05-The Territory of Montana VS.. Frank
Jensen. Grand larceny: continued for the
term.
1S63-The Territory of Montana VS.. Pat
rick Dooley. obstructing highway; continued
for the term.
1s67-The Territory of Montana vs.. Henry
T. Smith. Grand larceny; noile prosequi en-
tered.
1890-Henry Imkamp VS.. j. B. McMaster
ct al. Demurrer to complaint withdrawn.
171Z-Herman Blume VS.. John Murphy,
Theodore Fl. Kleinschmidt and Edward w.
knight. Appearance of Robinson & Staple
ten as counsel for plaintiff withdrawn, and
cause submitted on demurrer to complaint.
1s71-Patrick Riley VS.. Roger O'Hara.
Demurrer to complaint overruled.
The grand jury reported that in cases of
Territory VS.. James Carten, for resisting
officers, and against Fl. q. Il o. Cozens, for
obstructing highway, they had ignored the
indictments, and the defendants were dis
charged and their bail exhonerated.
1s98-Frank Howe was arraigned for at
tempt to escape from the penitentiary, and
granted leave to plead by May 9th at a. m.
ls9s-Anthony w. Barnard VS.. F. Z. w.
Patten ct al. Defendant, P. r. Dollman,
withdrew his answer and filed separate and
substituted answer.
1SS0-Daniel A. Morrison vs.. Margaret Z.
Morrison. Divorce, change of venue to Sill
yer Bow county granted.
18S3-George Bell VS.. John T. Gilm-r,
Monroe Salisbury and Orange j. Salisbury.
Summons and service and return quashed.
143s-Nathaniel NJ. Hubbard VS.. Salton
Cameron. Judgment by agreement in favor
of defendant for costs.
1567-Rlchard T. Kennon VS. Giimer &
Salisbury. Motion for new trial overruled
Judgment ordered entered In accordance with
verdict; stay OF proceedings twenty days.
granted defendants to perfect appeal.
1775-George Tibbetts ct al. Wy. All Tong
ct al Set for trial Friday, May 9th, 2 p. m.
a2-L. Fl. Hershtield ct al. VS.. Alexander
Aiken ct al. James f. Harvey substituted
for Hershfield ct al. as plaintiff.
iS70-First National Bank of Helena vs..
James s. McAndrews, Lou. P. Smith and
Philip McDermott. Set for hearing, on
motion for new trial, on Saturday, May 18th,
ut a. m.
1s7l-Patrick Riley vs.. Roger O'Hara.
Parties agree to be ready and to set for trial
Wednesday, May IS, at 10 n. m.
WEDNESDAY, MAY 9.
1S82-John Caplic, and Charles Fl. Smith
vs.. Nicholas Connolly. Leave to file amended
complaint.
1ss4-Georgie A. Cater VS.. Geo. p. Cater.
Report of referee presented and approved;
decree ordered.
1s62--Territory VS.. Frank Howe. Set for
hearing on demurrer to indictment on Satur-
day next at a. m.
1S52-Thomes II. Manning VS.. William
Wilson. Demurrer to complaint overruled.
1ss3-George Bell VS.. John T. Gilmer ct al.
Motion to quash summons and service and
return sustained.
17l7-Herman Blume VS.. John Murphy ct
oil. Demurrer to complaint overruled on
motion of defendant the plaintiff is called |
and comes not.
1886 and 1Ss7-Stephen De Wolfe and John |
+. Forbis, respectively, vs.. Commissioners of |
Silver Bow county. Venue changed to Silver |
Bow county. /
1452-First National Bank of Helena VS.. |
John Caplice and Charles II. Smith. Set for |
trial on Saturday next at an
1893-Charles Blanchard vs.. Samuel Ma |
turin. Appeal dismissed.
The grand jury presented their final report,
which was ordered recorded and published |
in the county paper, aud the grand jury re-
ceived the thanks of the Court for the |
prompsness and fidelity with which they had |
performed their duties, and were excused for |
the term.
1s52-Thomas II. Manning VS.. William
Wilson. Set for trial Tuesday, May 18th, at
8 IAN.
1sS2-John Caplice ct al VS.. Nicholas Con-
molly. Defendant granted leave to answer in |
Eve days.