The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-05-25
SECOND JUDICIAL DISTRICT COURT.
Proceedings May Term, 1888.


Territorial District Court, May Term, Issa
f Presentation. WIN. j. Galbraith, Judge
presiding; Hon. w. Y. Pemberton, District
Attorney; j. B. McMaster, Sheriff; r. l.
Davis, Clerk.
THURSDAY. MAY 10.
lm7-Silver Bow Mining and Milling Com.
! pany vs.. Isaac w. Stoner ct al. Names u
= Gt"rgn w. Morse, VIM. Thompson, and Per.
rln w. irvine stricken from joint answer;
, appearance of Messrs. Word, Baldwin, AVID
Pemberton as counsel for Thompson with
drawn. and leave to defendant VIM. Thomp.
son 10 file separate answer. Motion To strike
| out parts of replication heard and taken I'M
der ADJUSTMENT. John i. Forbis appointed
guardian for Perrin W. Irvine, a minor, and
leave to answer.
1s96-Sllver Bow Mining and Milling Com
pany VS.. VIM. A. Clark ct al. Same order as
to defendant VIM. Thompson, and motion to
strike from replication heard and taken un-
der advisement.
The practice heretofore observed of set
ing causes by the Clerk for trial before COM
mencement of the term, being found him
drance TO business, was ordered to be discon-
tlnued, and il was announced that hereafter
all causes will be set for trial by the Court.
iS9s--Anthony w. Barnard VS.. i. Z. w.
Patten ct al. Heard on defendants motion
to strike from replication and taken under
Amusement; and cause set for trial Wednes-
day, May III, 2p.m
f5S9-Willian ID. Thomas vs. Brazil Lynch;
dismissed at cost of plaintiff.
.@- FRIDAY, MAY 1fTH.
1s3O-william Weinstein vs. The Aigon-
quin Company; defendants motion for new
trial overruled.
1S62-Territory VS.. Frank Howe. Heard
on demurrer to indictment and taken under
Amusement. Demurrer sustained on Satur-
day and defendant discharged.
i6i0-Andrew b. Hammond, Richard A.
Eddy and Edward L. Bonner vs.. Lee w.
Foster and Albert Kleinschmidt. Continued
by consent for the term.
1910 and 1Si1-Utah & Northern Railway
Company VS.. Conrad Kohrs ct al. Confined
by consent for the term.
1715-George W. Tibbetts ct al vs.. All Tong
ct al. Cause tried before the court Jury
waivedD and following written findings en-
tered:
LIST. That the plaintiffs on April 20, 1881, To-
Gated the mining grouad in dispute in ac-
cordance with the miners rules and customs
of Pioneer mining district, Deer Lodge
county, Montana Territory, the same being
the district where said ground is located;
that they marked the boundaries of the same
so that they could be readily traced; that the
record of location contained the names of
the locators and such q reference to perma- |
nent monuments as would identify the |
ground; that the marking of the boundaries |
consisted of stakes four and one-half feet |
long and which would square about four or |
ground in dispute.
Cd. That on or prior to the 18th day of |
April, 1880, James McDonel. Mick McDonel,
and James NJ. Bailey, who were citizens of |
The United States, owned and possessed the |
ground In controversy under locations there
Of duly made, and that the same is and was
placer mining ground; and that on the 18th
lay of April, 1880, the said McDonels and
Bailey, for the sum of 81 300, sold and con-
nto possession thereof under and by virtue
" said sale and have ever since possessed
md worked and mined the same: that while
he defendants were working upon a water
Itch preparatory to working said mining
round and with view of bringing water
hereon for mining purposes, the plaintiffs
coated the same; that during the mining
eason before this, the said defendants had
mined on said ground.
3D.. That the said defendants are Cinnamon
md not citizens of the United States and
lave not declared their intention to become
UGH. y
4th. That the ground in dispute Is placer
mining ground and unpatented and part
Il the public domain of the United States.
9th. That the plaintiffs were at the time
hey located said ground citizens of the
United States of America
9Th. That the defendants are in the POSSES
ion of the said mining ground, and withhold
he same from plaintiffs.
9TH. That the value of said premises ex.
eeds 81 600.
As n conclusion of law the Court finds:
That the defendants being Cinnamon and
ot citizens of the United States and not
aving declared their intention TO become |
UGH, they cannot hold, possess, occupy,
r explore the premises In dispute, the same
eing nnpatented placer mining ground
wned by the United States.
That the plaintiffs are the owners of said
remises anil entitled 10 the possession |
hereof
That plaintiffs should have Judgment for
ne possession of said ground and one dollar
amages for the unlawful withholding of the
anne and costs of sui.
SATURDAY, MAY IL. Il
1896, 1897, and 1s9s-The Butte Town Site
ases. The Court overruled defendants mo-
on to strike out parts of replication, and
st the cause for trial Wednesday, May 10th,
p. m.
1S17-William Weinstein vs.. The Algon-
uin Company. Judgment for plaintiff by
snsent, in accordance with amended COM
laint.
1s4J-Ebenezer Sharpe VS.. Alexander II.
eattie ct al; on trial.
1851. A. Barnard ct al. VS.. Francis Z.
Y. Patten ct al: dismissed as to defendants
liza NJ. and Joseph Cooling, George L.
[aule, and p. J Dollman.
MONDAY, MAY IA.
1452-First National Bank of Helena VS..
ohm Caplice and Charles Fl. Smith, Dis ,
lissed by consent, each party to pay their !
wn costs.
1sI5-Ebenezer Sharpe VS.. Alexander H. |
cattle ct al. Trial of cause concluded De-
re jury. Verdict: THAT the property can
OF be segregated without great prejudice to
lie parties" and interlocutory decree for
lie entered.
1a5s-Lewis Demers vs.. George Ham,
ond; appeal dismissed for want of prosecu.
on.
i370-First National Bank of Helenavs. In
ZINES s. McAndrews, Lon. p. Smith and !
hilip McDermott. Set for hearing, on
sfendants' motion for new trial. on Satur- l
", May 10Th, at a. m. I
TUESDAY, MAY 10.
Blume VS.. John Murphy ct
!. Set for trial to-day at 2p.m.
1s94-Alexander q. Leger VS.. Benjamin i
Cause ordered placed on cal i
ldar. g
lS52-Thomes Ii. Manning VS.. William 8