The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-10-20
TOOK It FROM The JURY.
Some Plain Remarks From Judge
Hunt About Certain Kinds
Of Cases.
He Establishes q Precedent OF not
Trying Such Suits to
Juries.
Resolutions Of Respect to thu Memory Of
Ex-Assooiata Supreme Justice
Moses j. Liddoll.

The case Of Gilchrist Bros. d Edgar w.
Gremm d Green WAS commenced In Judge
Hunts court On Saturday last. The plain
tiff sues the defendant for &96 for lumber
sold and delivered. The case involved the
taking of an account between the parties.
and bid fair to drag on for several days.
Yesterday afternoon the Jury had their
seats in court, whom adispute arose between
Miss Knowles. counsel for plaintiff, and
Mr.. Kinsley, counsel for defendant, over
the items OF an amended bill of particulars
which the plaintiff had furnished the de-
tendant. The defendant claimed surprise.
Thu court said that the plaintiff must 10
limited to the items in the bill Of ~particu-
lars first furnished, unless she amended her
complaint. Miss Knowles took leave to
amend. Thereupon the judge said that
the defendant, by law, had . right
to ten days time in which to prepare to
meet the amended complaint. Then Judge
Hunt took occasion to make the following
remarks: II have been thinking over this
case, and ] would like to establish . prece-
dent of not trying 800 original cases in the
district court to juries. This case. for in
stance has cost the county Of Lewis and
Clarke upwards of &15U already. It is the
examination Of an account that might 20
over to-day and tomorrow upon trial, and
il 1T should run over, tomorrow it would
cost about $75 more. Now, the constitu-
ton of the state gives Justices of the peace
jurisdiction TO the extent Of $500; those
courts are made by law for exactly such
cases as these. Parties have a right, il
is true, to come into the district court with
an action for $40. and to secure q
full jury at the ~county's expense; but
il they do, the court has also this
right for the protection Of taxpayers,
namely, to order a reference Of its own
motion when the trial of an issue of fact
requires the examination of q long account
on each side; in which cases the referees
may be directed to hear and decide the
whole issue or report upon any specific
question of fact involved therein. Now. l
will establish the precedent by taking this
case way from the jury, giving
the defendant ten days to answer the
amended complaint Of the plaintiff on file,
4 r~eferss. And / do this, not with n dis
position to shirk the trial of cases, because
that is my duty; but a judge owes . duty to
the public, and it ia wrong to the county of
Lewis and Clarke that the court should
keep TWO panels OF jurors, n II
this department aud one in the
other department, in constant atten-
dance to try $50 and $50 cases, and other
little disputes arising between parties that
should be settled in the justices of the
peace courts. l construo it to be my duty
to always guard the interests of the public,
as we'll as the interests Of the litigants be-
fore the court. Tho order will, therefore,
be made referring this case to II. @. Davies.
Esq; that he pass upon the testimony o. II
it were introduced in court, subject to the
rules and regulations of law; that he try
the whole issue; make reports of the &C
counting between these parties precisely a.
il it were tried in open court before q dis
trict Understanding his finding of fact
from his conclusions Of law. And the costs
thus far in this case shall abide the final
dissemination of the suit. and the report
of tho referee. Gentlemen of the jury you
are excused from further consideration of
this case"