Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1891-08-13

of going to press:
CIVIL DOCKET.
r. +. Uplinger VS.. Board of County Com
m~issioEers; Injunction. X. Won Tobel for
plaintiff, f. f. Smith for defendant. De-
murrer to answer overruled.
Willowdale Ranch Co. VS.. Thomas Cruise,
Motion OF defendant for judgment on
~pleadings overruled.
d.. NJ. Crowley VS.. w. G. Allen; debt. r.
Won Tobel for plaintiff. +. ". Morrison for
defendant. Default entered and judgment
for plaintiff taken.
CRIMINAL DOCKET.
State of Montana w. W. w. Bennett; as
sault with intent to kill. F.. f.. Smith for
plaintiff, f. W. Morrison for defendant.
State of Montana W.. w. w. Bennett; as
sault with intent to Kill. F. f. Smith for
plaintiff, +. w. Morrison ordefendant. In
this case and the above "A continuance was
ordered because Of absence of prosecuting
witness, and DEFENDANTS bail reduced to
81 O0O
State vs.. Joseph Mason; gambling with
out "A license. Nolle prosequi entered.
State vs.. l.. ID. Smith; contempt fcourt.
Fined $50 for failure to pay alimony, at
t~orney's fees and court fees as ordered.
State VS.. J.. j Campbell; assault with in
tent to kill. Demurrer to Information over
ruled. Case now on trial.
State Of Montana on complaint OF L. +.
Chandler, W. II. Peck, Oscar Stevens, Ole
opheim ct al. VS.. Board of County Com
missioners; misrepresentation of funds.
John McCourt excused
PROBATE BUSINESS.
Estate of j. W. Winter; hearing applica-
ton for final settlement. Z. w. Morrison,
attorney. Granted.
Estate of John Oates; hearing applica'
ton for final settlement. f. W. Morrison
attorney. Granted.
Estate Of John Toombs; proving will and
hearing application OF William Hortop FOL
letters testamentary. f. w. Morrison, at
torney. Granted.
Estate OF Adam Mehlboerg; application
for letters of administration. Arthur
Bower appointed administrator.
Bernard Logan, Joseph Silvers and Chri,
Vollker were admitted to citizenship.
Edward Brassey was appointed deput,
clerk.
In the case of the State VS.. Henry Line
bergher, charged with assault with intent to
kill, a motion for change of venue was over
ruled, and considerable difficulty had in Sc
curing a jury. A trial jury was called Mon
day afternoon and continued to be exam
ined until Tuesday noon, at which time min
jurors had been accepted. The point wal
then raised in relation to IA juror being
axpayer and the court ruled that he mus
be a real es tat holder at the time he wa
serving, but later held that being such
holder at the time venire was issued wa
to three, but after several special venire
and both sides had exhausted all thei
challenges, the following jury was swor
for trial: c. NJ. Clary, n. NJ. Erickson, L
= Carlyle, Louis Landt, j. Duffield, G.. w
a Fisher, Ed. Swope, W. w. Parrott, ID. Stay
ton, r. Raw, NJ. f. Wheeler and W. A
: Hedges. The prosecution finished at 1:3
e p. m. Tuesday, and after four witnesses fo
\ the defense had been examined they offere
s to put the case to the jury. The prosecl
: ton stating they wished to introduce som
( evidence in rebuttal, the offer ofthe deiens
was withdrawn and court adjourned. TIL
e court held in this case that a bill of sal,
whether acknowledged by an official or no
e was as legal II transfer Of a water ditch c
a water right as a deed. Arguments wei
e made and case given to jury late yesterda
afternoon.