The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-06-03
The SEMI-WEEKLY MINER,
Butte, JUNE 3, 1855.
DEER LODGE.
Latest Nuggets Of News from ON
Lively Neighboring Village
In the Valleys.
Some distressing Items Abont the
CDnrts--P. rSonal and
Gossip.

DEER LODGE, Mox. May 30, 1885.
Ed. MINEK:-After quite a "cold spell"
We are once more favored with a glowing
sun and fair weather. The growing crops
have been set back to come extent, yet
comparatively little damage has been done
in consequence Of Jack Frost recent visit.
DISTRICT OCRT.
The NAV term Of the District Court ad-
iOurned last Monday. Following are the
more important cases tried, aside from
those noted in my last:
Territory VS.. {. r. II. Beilenberg charged
with an assault with intent to commit a
bodily injury. Messrs. Knowles d Farbis,
Of Butte. defended the accused and after a
rather spirited contest, the case was sub
United to the jury. That august body re-
tired, and after smoking a cigar and dis
GUESSING the question OF probable cause for
war in the Orient, returned into Court with
"a verdict Of 'nO guilty." This was not SO
much Of Il surprise as it was disgusting.
Everybody seemed to be perfectly imbued
with the idea that, whether guilty or innO-
cent, the defendant should be made play
checkers with his nose and partake Of the
juicy beef he furnishes the Observation-Disclosures.
But the fates were against us, and Charley
is permitted to breathe the pure mountain
air and terrorize over the whole cOmmuni-
ty. Even Winslow's soothing syrup a no
effect upon his nerves.
Territory VS.. John Petritz, charged with
AN assault with intent to commit murder
in the first degree. This vas an Anaconda
case wherein it was alleged that the defend
ant sought to exercise the prerogatives OF
President Cleveland in the matter Of remov-
ing postmasters. 1t appeared rom the
that John was a little premature, having
no right to act President by proxy.
Messrs Robinson & Stapleton and w. w.
Dixon, of Butte, defended, but notwith-
standing the gallant fight made for the de-
fendant it was adiudged by the jury that
John should put up 1000 with which to
aid us in paying OF our county bonds.
This verdict seemed hard, and the friends
Of the defendant rendered their ''sympath-
ies' in a substantial way. John returned
to Anaconda, paid his Postofice-box rent
three years in advance, and desires no
Moore Of Presidential honors.
Territory vs.. Barney Hughes, for an as
sault with intent to commit a bodily in
Jury; another Anaconda case. The great
Commonwealth was represented by w. Z.
Pemberton, w. H. Trippet, Judge Cole and
H. r. Whitehill. For the defense, Messrs.
Duffy, Dewitt and Bach appeared. This
was no small-fry case; the Dynamiters,
MOIlie Maguires, Knights Of Labor and the
chinese must go, peaceably ii they will, but
forcibly If possible. Unfortunate Barney;
he sat there like a poor boy at a corr
shocking in the midst Of legal claps OF thun-
der. Penn penlmed; Trip, tripped; Cole,
charred, while the Whitehills changed to
green. At last; o, at last Lord Duffy got
the floor. For "A moment silence reigned;
thrObbing hearts almOst ceased to beat; "A
storm was brewing II the bravest were
seeking shelter. Soon the Lord opened his
batteries and a perfect torrent Of Web
sterian rhetoric resOunded throughout the
Court House; the shaky structure fairly
trembled, reminding the massive crowd Of
taxpayers present of the necessity of erect
ing a. more substantial one. The climax
reached, the jury vas suffused in tears and
the audience limp and suffering Judge
throughout, seemingly drawing inspiration
from the wordy words OF the great advo-
cate. Dewitt followed with a witty speech,
while Bach s'hashed" his argument into
''glittering g%eneralities." Case submitted,
the Jury, instad of hanging the defendant,
hung themselves for twenty-three hours,
when Judge Galbraith told them to 20
home and sOak their feet. This ended the
case for the term.
Territory vs. John Doe and Richard Roe
from Anaconda, charged with burglarizine
the China house lately blown up. Duffy de.
Tended. He sought to prove an alibi, failed
and the prisoners were sent to the "Pen'
for two years. When this case was tried
Lord Duffy had made himself famous on
the question Of alibi. In the closing speech
OF Mr.. Pemberton, that gentleman took Oc
casion to vent the alibi business in glowing
shape. Said he: "Gentlemen Of the jury
| must confess to you my inability to ade
quately express my opinion OF. a brother
attorney who would assume the audacity
to come into a court of justice and seek t.
prove an alibi in every case in which he Ii
engaged Why, gentlemen OF the jury, the
glorious orb OF day may Hume the eastern
horizon and cast his scintillating rays
through the feecy clouds to bring joy to all
below; the great American eagle may rest
his beak upon the apex Of Washington
Monument and his tail feathers upon Mount
Shasta, while the tips of his wings battle in
the Atlantic and Pacific, yet, gentlemen oil
the Jury. so long as l am able to raise my
voice, just so long will l confront the gen
tleman upon the other side on this much
mooted question OF alibi. Why, gentlemen
Of the jury, he might as well tell you that
this Court is not represented by a District
Attorney! He might with the same pro.
priety assert that the moo is made Of
green cheese or that "possums' do not
short time we can reasonably expect to sec
a book entitled 'Alibi, or Anaconda and
it's surroundings j. H. Duffy, author.
This question must be settled at once and
forever, and I ask you in all candOr. to put
f. 'stopper' toit.' At this juncture Deputy
District Attorney Trippet's crutch fell upon
the floor, Just missing Duffy's ear in it's fall
and awoke the jury. Duffy, who had been
~reposing in an easy chair, aroused by the
sudden noise, sprang to his feet with the ex-
clamation: Lay on, McDuff, and damned
be he who first cries hold! enough" The
sheriff at once took charge Of Duffy and
lead him out OF the court much to the
satisfaction of all present. "Pem" says
now that "alibi" is one OF the mixed guam
titles thoroughly dissolved and hereafter
he will have no occasion to exhaust his
legal abilities on that question. Thus end
eth the District Court proceedings.
JUSTICE DUB
One OF the most important cases that
ever came before a Justice of the Peace in
the Territory was before Judge Carlton last
Monday. A man named w. W.. Hubbard
was arrested at Townsend and brought
here on a charge of embezelment. w. II.
Trippett appeared for the prosecution and
Mr.. Duffy for the defendant. The case WAS
closely contested, n late in the afternoon
vent to the jury. The verdict was, "the
defendant not guilty, and the costs taxed
to the complaining witness" The costs
were $541.7O.
To sum up the District Court business,
vour correspondent desires to state that
District Attorney Pemberton, throughout
the whole term, acquitted himself in an
admirable manner. His former good repu.
tation as a prosecutor sustained no loss.
An able speaker, a good judge OF law, quick
of perception, he is certainly the right man
in the right place. The presence of Little
Penn" is always welcome hereabouts. His
deputy, Mr.. Trippet, OF this county aided
him materially in the prosecution OF many
cases. He, too, made for himself a good
record. Mr.. Trippet is a man OF no little
ability, having practiced law alongside Of
Joe Mcdonald and President Hend'