The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-10-24
DISTRICT COURT.
Yesterdays Proceedings Notions, Arr
guments and Trials.

Yesterdays Proceedings Notions, Ar
gunents and Trials.
In the District Court yesterday, judge
Galbraith presiding, the following business
was transacted:
| judgmentfor plaintiff in the sum Of $62O,27
with interest from September rs, 1885, at
10 per cent. together with costs.
Abraham Buoi, ct al, vs.. George Pascoe,
ct al, on motion for q new trial; defendants
granted 80 days to prepare and file state
ments for a new trial, and upon filing bond
for $500 proceedings are stayed until said
motion be heard, and plaintiff is granted
80 days after said statement is filed to file
amendment to statement.
divorce; report of referee filed and proposed
decree of divorce submitted; decree ap-
proved, signed and ordered entered.
Silas F. King vs. James A. Murray, ct al,
cause set for trial Thursday, October 22nd,
at 1870 p. m.
James A. Murray vs. A. J. Davis; cause
dismissed at plaintiffs cost.
Charles w.. Buber VS.. Robert Leggat ct al;
motion to dismiss appeal sustained.
T. Cloves Miles vs. Utah d Northern
railroad: demurrer to complaint overruled
and defendants granted sixty days after
close of term to file an answer.
Lee w. Foster VS.. r. L. Lilies, debt; judy
ment entered for defendant for costs.
S. DeWolfe VS.. Charles w. Cluett; motion
to set aside order sustained.
Sidney Bell va. Frank r. Miles; motion to
dismiss amended complaint overruled.
Alfred Wartenweiler vs.. Montana Cop
per Co.; motion to permit amendment to
complaint sustained.
Josephine Holster VS.. George Hester,
divorce; default of defendant ordered en-
tered for want of an appearance and cause
! referred to John Madden to take testimony
and report the facts.
Archibald Smith was admitted to citi-
zenship.
The trial of the cases of Williams vs..
! Carver, the German Gulch cases we're re-
il hearing rebutting testimony on the part
! of the plaintiff. When the hour Of adj
journment arrived the court was adjourned
until 9 D.. m. to-day, the understanding
being that at II q. m. the jury would pro-
| coed to the gulch and look the ground over
| for themselves.
Yesterday in the District Court, Judge
Galbraith presiding, the following business
was transacted:
Josephine Hester VS.. George Hester, d.
vorce; decree presented, approved, signed,
and ordered entered.
H. J. Blume vs.. Edward King ct al; de-
fault of defendant entered.
H. C. Chambers ct al. VS.. r. s. Jones ct al;
| dismissed so far as defendants Joseph
Rosenthal and Mrs. Garrigan are con-
cerned.
NJ. Hickey ct al. vs.. Elias Sinmington
ct AL; default of defendants E.. Carver, NJ.
| Warren, j. Griffith, R. Girton, L.rWalbert
and - SOles ordered entered.
Matthew Forquit vs.. Silas F.. King ct al;
defendants motion for dismissing action
overruled.
Frank Durand vs. Edward O'Donnelf;
substitute complaint filed and defendants
granted ten days to answer.
A Buol ct al Va. George Pascoe ct al; de-
cree for plaintiffs heretofore entered; de-
PENDANTS except.
! Kate Prindeville vs.. William Prindeville;
plaintiff allowed $50 Tor attorney fees, and
further alimony Of $25 per month pending
this action.
John Rabiteau vs.. Alice Rabiteau; de-
fendant allowed 800 for attorneys fees,
and further alimony of $40 per month
pending this action.
Sarah Du Bey vs. Charles Du Bey; de-
fendant's motion chat a decree OF divorce
be entered nunc. pro nunc. overruled; de-
fendant excerpts.
E. L. Fisk ct al VS.. Samuel Lee; contin-
| ued for the term.
Territory against John Eddy; continued
for the term.
D. R. Beck va. John NJ. Bower; continued
for the term.
Rufus w. Whitman, a native OF Nova
Scotia, and Jacob Dym, a native OF Aus
tria, were admitted to citizenship.
After the transaction OF the above bust.
| ness the case of Williams vs.. Carver, the
German Gulch cases, were resumed. The
case was deliberately argued by Judge
Knowles for the defendant and Judge
Stapleton for the plaintiff. The arguments
were both quite lengthy and occupied the
entire afternoon session. At their con-
clusion the jury were cautioned and excused
until this morning at 9 O'Clock when they
will be instructed by the judge and the case
given to them. The court then took q
| recess until 7:3O o'clock. Upon reassem-
bling the case of H. s. Clark ct al. va. G. J..
McSherry ct al. was called. The regular
panel of jurors was not sufficient to secure
a jury, three of the members. c. K. Kessler,
George Robinson and j. H. Viol, being
absent. The judge ordered attachments
for the absent jurors and also a special
venire. Subsequently Mr.. Viol reached the
court house without having been inter
cepted by the sheriff and having made q
. q SASNOSNs -
other %delinquents failed to appear and the
work of filling the panel from the special
venire was proceeded with and completed
after which the court adjourned.
George w. Farlin ct al. vs.. John NJ. Stew
ard ct al.;cause dismissed as to defendants,
Ruth Madigan. Cooling, J.R Boycejr..
H. F. briggs. W. Pinkham, Chris Jackey,
J. NJ. Steward, - Sheldon, George H.
! TVooJuor+b No1oon Nooro Nbo r1oo Cop-
non, Hugh Edwards and Hiram Knowles.
George W.. Farlin ct al. VS.. William T.
! Ballard ct AL; cause dismissed as to the de-
PENDANTS, T. 0. Wade, Max Meyer, H. G.
| Booth, - Van Sickle, w. T. Ballard,
| Archibald Smith, Hiram Knowles, Charles
Meddowcraft, - Berlin, D. C. Fisher and
Peter Lansing.
Utah & Northern Railroad Company va.
! A. H. Mitchell ct al; placed on calendar
and set Tor hearing at 10 a. m. to-day.
Sarch DuBey VS.. Charles D hey; to-day
at 10 o'clock fixed for hearing defendants
motion that a decree be entered.
Hiram E. Barker vs.. Josephine Barker;
decree OF divorce for plaintiff in accordance
with the referees report ordered entered.
H. NJ. Hutchinson We. B. F. Paxton; con
tinued for the term.
Butte Hardware Co. vs.. Bell Silver e.
SOPPCA wa juOSAVhV IVA "sAoA ~ NS
fault.
James w. Forbis. respondent vs.. James
A. Murray, appellant. The judgment and
decree in this cause is approved and ordered
to be entered.
H. S. Clark ct al. VS.. Cornelius J. McSherry
ct al; for the ecovery Of the possession Of
certain rights on the Limitation lode; YER
dict for the plaintiff.
R M GULCH CASES.
In the case of Williams va. Carver, the
German Gulch cases, by consent of counsel
on both sides, it was ordered that all bills
OF exceptions be drawn up during the vaca-
ton and fled nunc, pro tune.
Judge Galbraith then delivered his charge
to the jury and about 10 a, m. they retired
in charge OF Deputy Sheriff Wenner. At 8
o'clock they were still out and the knowing
ones guessed that they would not agree as
most of the jurors were making arrange
ments to pass the night as comfortably az
the Court House accommodations will
" ALL L. -- -A--I