The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-12-07
COURT NOTES.
SECOND JUDICIAL DISTRICT, DECEM-
Der TERM, 1889.
A Summary and History of Cases Considered


John s. Burch VS.. Arressa Bureh. The
plaintiff filed his complaint for divorce on
the 30th of June last. The plaintiff and de-
PENDANT were married January Sth, 1882, and
the defendant abandoned the plaintiff June
3Oth, 1882. A referee was appointed to take
testimony and report the facts, and upon the
report of the referee being filed, decree of
divorce was granted.
Peter Hartz VS.. Henrietta Hartz. Peter
filed his complaint for divorce Nov. 23d,
charging extreme cruelty on the part OF the
defendant The specifications are that since
August, 1882, the defendant has refused to
sleep with the plaintiff, and that during the
same year the defendant struck the plaintiff
with a table fork, and also attempted to
shoot the plaintiff The defendant would
not allow the plaintiff to sleep during one
whole night, by continuously kicking against
his bedroom door; and during the present
year, as it IL alleged, the defendant at various
times threw dust in the eyes of the plaintiff.
anil at one time struck the plaintiff several
blows with IL black-Snake whip. And still
they are not happy. For which reasons
Peter prayS that they may be eternally Iii
vorccd. Default has been made and referee
appointed.
William Woodcock VS.. Charles III. Fiske
This was an action brought under what is
commonly known a. the Civil Rights Bill.
Mr. Woodcock is a colored man, engaged as
a servant of Marshal 4 e. Botkin, and with
the latter gentleman went to the Virginia
Hotel, of Butte City, in September, 1882, to
obtain breakfast. The defendant Fiske was
proprietor of the hotel, and denied to Wood
cock the full and equal enjoyment of the ac-
commodations and privileges of SAID hotel
hence this action. The case was tried on
Wednesday, and the testimony being uncon-
troverted, "a verdict and judgment was given
to the plaintiff for 500. That part of the
Civil Rights Bill upon which this action is
, based, was lately declared unconstitutional
| by the United States Supreme Court, so far
as At applied TO tie States.
Territory VS.. aryNierling. OnTuesday the
graRd jury found an Indictment against the
defendant for murder in the first degree. In
| June last the defendant shot and killed Hen
ry Nierling, a former husband of the defend
ant, near New Chicago, In this county The
prosecution claims the killing was willful,
deliberate and premeditated, while the de-
| Tense claims that it was in defense Of habita-
ton and person. 1t will also perhaps be in
sisted in behalf of the defendant that she was
not mentally responsible for her acts at the
time of the killing On Wednesday the de-
PENDANT was arraigncd, whereupon she en-
tered a plea of not guilty. BY agreement the
| nd gat hp1ainC
at 10 o'clock on Wednesday of the first week
of the next term of the District Court. The
Indictment being for murder in the first de
gree. no bail was fixed.
Territory of Montana VS.. Victor Hory
Israel Gibbs and Victor Hory were neigh
bors, living at the upper end of the valley
Ill feeling had existed between the parties
for some time, arising out Of the location
some lands Hory claimed that Gibbs hat
cansed him misfortunes in other matters
One night last June Gibbs heard noise il
his stable, and went to find ont the cause. A
he entered the stable door he met Hory
who struck him on the head with a larg'
bludgeon. Hory then attempted to shoo
Gibbs, when the parties grappled, and HorJ
was secured until assistance arrived. Oi
Wednesday the grand jury returned an IN
dictment against Hory for an assault wit
intent to commit murder. By an agreemen
between the District Attorney and the attor
ney for the defendant, the case was contir
ued and the bond of the defendant fixed a
81 600, for his appearance at the next term c
the court, and that he keep the peace towar
Israel Gibbs and the 9th err inhabitants of tn
Territory.
Territory vs.. Frank L. Leslie. The defend
ant was indicted on Wednesday for unlaN
fully drawing and exhibiting deadly wei
pom, in rude, angry and threatening mar
ner, in the presence of George w. Fulle
and on Thursday entered plea of guilty t
the indictment, and tomorrow Saturday
fixed by the court to assess the punishment
The offence of the defendant took place las
August, at Anaconda An indictment fc
the same offense, committed at the sam
time, was also returned against George W
Fuller. No disposition of this case has "
been made.