Daily Yellowstone journal. [volume] (Miles City, Mont.) 1882-1893, 1890-01-31
DISTRICT COURT.
Proceedings Of Ninth Day.
FORENOON PROCEEDING.

Reading Of minutes by Clerk
Schwartz.
Macqueen vs.. Dsvis-Set for trial
for third day of the next regular term
of this court.
Meyer W. Carr-Re-set for same day
as lsst above case.
State vs.. Schultz-Case passed over
the term and defendant allowed to 20
on his personal reconizance to appear
at the next term Of this corrt by
agreement Of attorneys. Bail axed at
$500.
C. r. Middleton files affidavit OF
Geo. Rhode iu the matter OF the con.
tested election Of A;ess,s. McKsy and
Smell, and asks for an order bringing
said cases into this court.
Recess Of 90 minu'e- taken to allow
the judge opportunity to investigate
the condition of Rob.rt johnson, OF
Stoneville. an alleged insane person.
Tine G. urt appointed a jury of three,
and on their return aft.l hearing tss-
timony aud on doctor's certificste,
orders johnson confined In insane a.y.
lum.
State vs.. Harris-Judge Strevell ap-
pears for the prosecution. Witnesses
ralled by the prosecution: c. +. Pull
yer, d. n. Gaylord. Mr.. w. 9. ID.
Smith, Lulu Blank, Jas. B. Kempton,
Edmund Jones, George Miles. For
the defense: Henry Hilburn, VIM.
II. Bertram. The witnesses for the
prosecution detailed the circumstances
which led 10 the arrest Of accused a. 9
suspicious character, his subsequent
diacharge and re-arrest on the charge
Of burglarizing Geo. Miles house on
the Goth OF June. Mr.. Miles testified
as to bis discovery that his house,
which was then uDoccupied. bad been
entered. and also ss tn The things
taken iherefrom and their value. and
the subsequent finding of portion OF
them. Also the finding Of cigarette
stubs In the house. and as the prisoner
wss proven to be an inve,erate ci gar.
ette smoker and 1t also appearing that
no smoker had been 10 Mr.. Miles
house for . l,ng time, this testimony
was important as sgainst the accused.
Another circumstance against the &C.
cused was the fact that q bat found
on him and from which he had torn
the lining and bans, was identified a.
nearly ms possible by Mr.. Miles 40 q
hat which had belonged to his brother
and which had been hanging in ball
In the burRlarised house and was
taken among other things. No posi-
tive proof was made NJ any of the facts
on which the state based Its charge,
but the chain Of circumstances leading
no to aud after the commission of the
crime aeemed, In the minds Of the
ljury, to be sufficiently convincing and
alter an hours deliberation . verdict
of guilty Of burglary 10 the second de-
gree was reached. and penalty OF Is
months imprisonment fixed. De-
fendant moves for new trial.
Judgment and decree Of absolute d.
vorce and leave to assume the maiden
name died by Attorney Porter In the
case Of Harper vs. Harper, In which
proofs were taken yesterday afternoon.
State vs. Hicks-Defendant brought
into court and sentenced to pay fine
Of 500 and costs. Prisoner reinanded
to jail till same is paid.
The case Of Kimball vs. MARCHES ct
al. coming mp, on motion TO strike out
certain portions Of defendants answer
| In the case, the 2ist paragraph Of said
anewer was stricken out - requested In
the motion. Requests TO stNke out
II
other paragraphs denied. Set for trial
on frst wednesday 10 next regular
term.
Judge MIlburn handed down q
written decislon In the case Of Tovner
Savage ct sl. 70. the Board of County
Commission en Of Custer County, dis.
mI-slug the appeal. giving hIs reasons
therefor ai such length that Ne are
unable to produce then In fall at this
tune. AZ any mutilAtlon Of the text in
this important opinion would b an
injustics 10 the court, ws omit II, hop.
ing, however, 10 be able 10 glss 10 st
On early date. ~ the decision is one Of
great Importance 70 the taxpayers Of
the county--and, " gees without say>
lug, 10 the gentlemen constituting the
board against whom the action 10
brousht-And Ia unusually abe. IaIl
and generally zAiisfactory 10 the A.
,os,Nys and clissts - = correct sxps-