Daily Yellowstone journal., 1890-05-31
CUSTER WINS.
The Long Drawn Out Suit Be-
tween Custer and Yellowstone
Finally Decided in Our Favor.
Particulars Of the Finding of the
Body Of Robert Ferguson,
Killed by Indians.
FINALLY VICTORIOUS.

surtsh the u. ~ supreme
Court, Against Yellowstone County,
Me-srs. Sirevell & Porter yesterday
received advices from Washington
that the supreme court of the United
Stsies had rendered decision in
favor Of Custer county in the cast OF
Custer W. Yellowstone, growing out
Of court expenses incurred for Yellow
stone county In the string Of 1883,
when hat county was altacned to
Custer for Judicial purposes. The ori.
ginal amount claimed was s. sl2.20, to
which il added interest from April,
1883 at 10 per cent and the CO sts OF The
litigation. The judg nent and interest
amounts to nearly $4,000, and tn
co-t- will probably swell it to s. 900 or
II 800 more. A brief history OF this
case will 10 doubt be interesting to
the people Of Custer county who were
residents here at the time the debt was
incurred.
The spring term Of 1883 Of the dis
trict court in Custer county will be re.
membered as one of unusual interest
20 the community. The commission
ers OF Custer county had shor; time
previously been legislated out of off.
cial existence. Judge CoDger had
been summarily deposed and Judge
Wade, then chief justice of the terri.
tory, sat Ms Judge. Owing to the re-
cent building Of the Northern Pacific
railroad through this portion of the
territory aud the consequent surplus
age OF Law less characters, there was a
large criminal docket, and q very con-
siderable portion Of these cases were
from that part of the country that had
recently been set apart by the legisla-
ture as Yellowstone county, but
which was still attached TO Custer
county tor judicial purposes. These
cases were principally for murder and
highway robbery. the defendants be-
ing Jeremiah Cokely, James Ed ards,
ienry Lump, George A. Arthur, Dan
Lesbey, Jas. Mekever, John sullivan,
q. ID. Taper, Henry Luke and H. e.
Boxer, The offenses for which they
were arraigned having nearly all been
committed in the vicinity of Coulson
and Billings. The trial of these cases
cost Custer county the sum of 5 ,Sl2 20,
aad in obedience to the statutes, Judge
Wade at the termination of the term
of court sscertained the amount OF
costs incurred by Custer county fer
Yellowstone county as above and is.
sued his order on the commissioners OF
Yellowstone county, instructing them
20 draw warrant In favor of Custer
county for the amount. This was
done on the eth day of April, 1883.
The commissioners Of Yellowstone
county refusing to obey the order Of
the court. the commissioners OF Gus
ter county by Commissioner Bullard
applied In October, 1883, for Q writ ol
msndamus to compel the issuance Of
the warrant. In April, 1854, Yellow.
stone county demurred, setting forth
that the application for the writ did
not set forth facts sufficient to warran,
Its issuance, and at the same time ap
piled for . change of venue to Gala,
tin county. Later In the same month
the demurrer of Yellowstone county
wss overruled and Yellowstone county
fled bill Of exceptions to the over
ruling. On May 9th, 1884, by order o
the court an alternative writ issued
requiring Yellowstone county to ISSUE
the warrant or show Gauss why Il
should not be done and the hearin,
was set at Bozeman. October 1885
At this time both parties appeared
and Yellowstone county set up tb,
claim that none Of the crimes, for tn
trial of which they were charged, hat
been committed In Yellowstone count,
and that the amounts allowed to wit
nesses were illegal and extortionate
Custer county filed demurrer to tb
answer, 10 the effect that II did DO
set forth facts sufiicient 10 constitute
defense or counter claim, and on tn
s0th Of October, 1855. the court sus
taIned this demurrer and affirmed th
original Judgment Yellowstone coun
ty took exceptions 10 this decision an,
on Nov. 9th, 2ss5, died their bill O
exceptions. On Nov. 7th, 1885,
lpersmptory mandate was Issued. oom
mauding the commissioners Of Vel
lowstone county TO issus on the hrs
day Of the next ensuing regular msss
ing. . warrant In favor Of Custs
county fos The um claimed. o.
Novsmbsf istb, 1886. Ysllewston