The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1894-07-17
ROASTED TO A FINISH
Judge Hunt Fairly Hay.d Vile.Bsatsr
Dual
THEN SENT HIM TO THE PEN
Interesting News About the District
Court OF Lewis and Clarke
county-important Cases
Decided,
Special Dispatch to the Standard.

Special Dispatch to the Standard
HELENA, July 16.-In the district court
this morning John c. Duval, who was
convicted Of assault with intent 10 do
bodily injury to his wife, was brought bc.
fore the court for sentence. When asked
II he had any reason to give why sentence
should not be pronounced, Duval said he
was not guilty and would submit himself
to tho will Of the court. Judge Hunt told
him that for the crime OF wife beating he
was informed the state OF Delaware pro-
yided whipping at q whipping post.
II would not" continued the Judge, ,"de-
precate such penalty for that offense In
Montana, and should be pleased to have
its usefulness inaugurated with you rs o
fitting person to receive ono hundred
heavy lashes. After such punishment
you might be less hypocritical In your pre-
tensions to piety and affection and less
anxious to escape the responsibility Of
your own merciless brutality by resorting
to the most cowardiy Of all tho grades Of
perjury-a husband attempting to shield
himself from crime by wickedly, falsely
and maliciously aspersinR the virtue
Of his faithful vito and tho
suotu0r o1 us utIo cuuurcu.
"Your entire testimony, Duval, was 90
transparent, In its falsity and its manner
Of delivery 20 obvious that tho longer you
remained upon the witness stand tho
moro contemplate you became In sight OF
ell who were present. Your family must
need pecuniary support, and to impose
the most severe penalty might entail
hardship on them, and for this reason
alone the court does not order you con.
fined for two years and fine you II 900 bo-
side. You, yourself, cannot ask for mercy
because any man who deliberately knocks
his wife down and whilo sho pleaded for
him not to continue to hurt her inhumanly
kicked her upon her abdomen, must be
destitute Of all sense Of manly spirit and
courage, and 10 indeed o wretch whom II
were base nattery to call coward. Yet
II may be possible that o long
Of . prison cell will bring
you to penitencs and reform, 90 that when
you are liberated you may by practice OK.
smplify some of the virtues which up to
now you have only feiened."
The sentence, the judge said. would be
fixed 90 that the defendant might bs lib
Grated by Jan. /, 1896, provided no gets
good time. The defendant was then sem
fenced to ono year, seven months and
fifteen days at hard labor In tho pcniten.
tiary.
In overruling o demurrer In o divorce
case now pending. In which husband 10
suing for divorce alleging that his wife
permitted another man 10 fondle her per-
son In lascivious manner, Judge Hunt
decided that II such facts wore proved:on
trial aud the husband 10 without fault tho
facts would be sufficient to entitle him to
. divorce II he had not condoned the Of.
fense. ''If . woman 10 30 recrcant to her
such immoral conduct with Q strange
man." said tho Judge, "shs cannot com.
plain Of the wish OF her husband. II he be
blamslsss. to be divorced"
Judge Hunt also decided In tho case of
Newell W. Mercer, receiver OF the Living
ston National bank, where II was held
that . bank holding . note for collection
against one Of its depositors, although tho
agent of the holder OF tho note. yet whero
the collection was made Of funds In tho
usual business of tho bank and before
payment the bank suspcuds tho moneys
collected being by credits and charges on
lite books, thcre could be no preference by
the receiver In favor OF the creditor who
sent the note as against other creditors Of
the bank. This opinion follows tho fed.
eral courts which have recently passed on
the same question.
The United States court will meet next
Thursday.
l.. xh. ,un-ov,.c ~o,s< th;. ,,.nrntc, sh-
case Of Seigmund Thamling, respondent,
W. J. H. Duffy, from Meagher county, tho
| Judgment Of the trial court on the plead
ings 10 reversed and tho cause rcmnnded
for trial. The cause Of action was on q
note Of 5000 executed by defendant to
Hatch Bros. & Co., whom II 10 alleged en-
dorsed 1t to Thamling. Duffy alleged
fraud pTacticed on him by Hatch Bros. &
Co. In the inception OF tho note.
Joseph Engle of Butte and Miss Ida +.
Keifer of Waterfowl, S. d., were married
here to-day.
The Penobscot mine, north Of Helena.
which mado Nate vcstal rich and famous.
has been sold to New York and Denver
capitalists for Sl25, 600, free of all expenses
for negotiation. Tho first payment OF
SIS 900 was paid to J. Henry Longmaid.
the former owner Of the property ON Sat-
urday, and the new proprictors will take
possession Mt once.
The mine has improved greatly since
the Longmaids took hold Of il, and one OF
the recent clcan.ups showed an average of
81 900 per day. The Penobscot Is gold
mine, and the orc is free milling. II is in
the same belt with the Drum Lummon
and Bald Butte.
Articles Of incorporation OF tho Ontario
Mining q Smelling Co. were flied to-day
by Frederick William Barrct. Robert
Cameron Sinclair and Herbert Percy Eyre
of Toronto. Ontario, Canada. The capital
| stock Is $3.50. 900 in shares OF IS each. Ope.
rations of the company are TO be carried
on principally in Silver Bow county aud
the principal Office Will be in Butte.
| The total assessment of L,wis aud
Clarke county j. Sl6tlO,5-n, ms lo.lows,
Acres of land. l.ci3.ssJ; Improvements
on same. s. 1870; city aud town lots
Sj.isi.7a5; mortgages, Si1j, %; watches
! jewelry. etc. SiW.Hij; musical instr,i'
ments, S3j,6ij; rRcrchanl0s". ,s'2,li5; fix
lures, machinery, etc. s,9>,UD; wagon
and harness. $500; horses aud mules
Sl52 .a6l ;catile. So. .Nsj sheep, s6,. -; hay
sS 5; grain. lumber. wood, ETC.. Slj " (
other properly, Sl,gj,3Jpi moneys, %,