The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-02-11
IN THE DISTRICT COURT.
Arguing tho Demarrsr on the Thompson
Informatisn.

Arguing Nhn nfAu NNfNf on NIh AANAN NA"A
informatisn.
y. W. Tools, counsel for Harry y.
Thompson. yesterday argued before Judge
Hunt Ia the district couit on a demurrer 20
the information against Thompson. for
alleged embezzlemsnt Of funds and prop
srty Of George W. Jackson while acting ss
assignee The information charged that
Thompson took about 600 Ia money.
t1Ol piano and some Other properly while
acting ~ "ths agent, employs aud servant
Of jackson. The demurrer claims that tns
information was NOS conducted Ia the
name and By The authority % the state.
that 10 does not show on ita face that En
examination and commitment was had, %
that the information was filed by loaVo OF
court: that Jackson waa not the owner of
the goods alleged 20 have been mbszzlcdi +
that Thompson Is neither the servant,
clark or agent Of Jackson, and the latter
did not sustain the relation Of master or
employer Of Thompson; that the rela-
tion mentioned is coniunctiye and the
state should specify which Onei aud that
tho information does not charge any Of
fence under the statute. There was an
agreed statement Of facts between she state
and the defense that Trior 90 the commis-
on Of the alleged offense Jeokaon made
an Assignment Of all bis light 20 the prop
srtY and that IbOnIf son was Ia actual pos
session. County Attorney Nolan argued
against the demurrer and Judge Hunt took
the matter under adviaoment. lie will de-
eide some time no1t week. 10 IL said that
thompson has given aatisfactofy tzplana-
tious a. 10 the piano and other property,
ana that his cash shortage, ~ 10 is snort
age will not amount 30 over $3.50.
Judge Book yesterday gave judgment for
tho Merchants National bank 0f Helena IA
the suit bronRht against 10 by James ".
Cory. receiver OF ths Bank Of Choteau.
4 he suit Was 10 recover $1,000 On draft
given TO tho Merchants by the Eirst Ma
tionnl Of Great Falla in payment Of col
lection made for the Bank Of Chotenu from
the Cascade bank. The Frat National OF
Great Falls suspended after making the
collection and before RENTING the cash.
The Merchants relied on being relieved
from the responsibility of the default Of
the First National OF Great Falls by reason
of its previous notice TO degositora and
correspondents that all dra.ts etc. rseeivsi
would DO az depoaitOrs risks only until
/ final payment was made. Judge Bucka q
decision holds in effect that she notice re-
/ lieTed the bank OF responsibility. An ap-
pesl will probably be taken 20 the auprens
/ court.
A new trial was granted by Judge Buck
/ ia the case OF George heimiok vs.. the Cal
edoHia Insu auoe company. Neimiek got
/ judgment against the company for the
/ amount Of his Insurance.. In heimick' 4
suit against the American Insurance com
pany. tried later In Judge hunta depart
/ ment, general verdict wns found 70
| Neimick. while the special findings we're II
favor Of the company. Judge Hunt gave
Judgment according to the spsoial findings.
Judge Buck denied the motion Of thl
relatives Of Michael McNamarA 20 direct
the county attorney 90 take possession oi
the estate Of the deceased. which was willie.
to ~. Johns hospital and the Catholi'
/ church.
In the case Of tho Northwet General
Electric company Vs. the Boulder Elsctri
Power company. judgment by default wal
given for 81, O53 against defendant.
A motion so strike out part OF the fepli
cation in the divorce suit Of Eva Finkel
stein vs. Max Finkelstsin was denied b,
Judge Buck.
The default Of defendant was ordered II
the case of Theodore shed ". 4. A. Light
body.