The Anaconda standard., 1895-12-23
PAT DURHAM IS FREE
The Prisoner Came to Jailer Bren-
mans Rescue Just in Time.
OTHER DEER LODGE NEWS
Judge BrantIy Hands Down an
Opinion In the Suit of Johnson
and Huffman vs.. Perkins
The Defendant Restrained.

this afternoon Pat durham, VINO mas
been confined In the county Jail since
the eth day of August awaiting trial
on the charge of grand larceny. was
made a free man. 1t was a well-mer- /
tied reward. for he 1t was who came to
the rescue Of Jailor Brennan when he
was so murderously assaulted by "Cy-
clone Bob" on the night of Dec. 6.
in the county Jail. 1t was a close call
for the officer. and he undoubtedly
would have been killed had 1t not been
for the timely assistance rendered by
Durham. who beat the assailant with
a stick of wood until his hands fell
limp by his side and leaving. his weap-
on-a pair of scissors-sticking in the
officers back. He also was instru-
mental in frustrating well directed
plan for a 1ail delivery, which was in
tended to be put into execution when
ever the business of the office called
all the officers out of town with the
exception of the jailor. The county at
torney. In view of all these circum-
stances. and also from the fact that
there was no evidence directly con-
Meeting Durham with the crime for
which he was charged, very generous
ly took the first opportunity Of apply
ing to the court for a nolle prosequi in
his case. The court readily granted II
and Durham was given his liberty.
Durham has been an exemplary pris-
oner during all the time of his confine-
ment and has a host of friends around
Anaconda who will be much pleased at
the termination of his troubles.
The petition of Alex Brown for ap-
pointment as administrator of the es-
tate of Fannie r. Kennon came up
for hearing in the district court this
afternoon. The court ordered that let
ters be issued him upon his filing a
bond In the sum OF 81, 400.
The suit of the Western Iron Works
of Butte city against the Mammoth
Gold Mining company for the sum of
s51O amount claimed to be due the
plaintiffs from the defendants, the
proofs in the case will be heard to-
morrow at 1880 a. m.
John Eastman and Miss Ida Test,
both of Anaconda. were granted Ii
cense to marry by the clerk of the
court. ]. @. Morony.
The Interest of George T. Brown and
John w. Cornelius in lot II, in block z,
in the city of Anaconda. was sold to-
day at sheriffs sale to B. s. Flersheim
for S1.250.
Attorney H. r. whitehill of Anacon-
da is in Deer lodge attending to dis
trict court business.
e. L. Bonner. receiver of the North
ern Pacific road, arrived in Deer Lodge
last evening on his special car. He is
accompanied by his family and Will re-
main for a cople of days.
This morning the court on motion OF
w. H. Trippet called a meeting of the
bar for next Tuesday, the 24th, at III
o'clock a. m. to take such action as
may be thought proper respecting the
death Of Judge F. w. Cole. In the
meantime the court appointed Ed.
ID Utra0 n nd
O'Leary q committee to draft suitable
resolutions. All the members of the
bar In Deer Lodge and Granite counties
are requested to be present at Tues
days meeting and participate in the
proceedings.
Judge Brantly handed own an opin-
ion Friday in the suit of Spencer John
son and John Hoffman against Alfred
Perkins. This action was brought by
the plaintiffs to quiet the title to a GER
tain water right owned by them and
was tried by the court, sitting without
a Jury, on the 29th day OF November.
The courts findings, as brought out
in the evidence, are as follows: That
the plaintiffs are owners In fee OF the
lands mentioned and described In the
complaint, in separate interests. as fol-
lows The plaintiff, Johnson. of the
NV II, sec 5 n w; and plalntin'
Hoffman. of the sw u sec 5. n 7
5w.
Both of these tracts being In Deer
Lodge county, Montana. That the
plaintiffs. by themselves and their pre-
= decessors have been in the possession
of these lands and entitled TO the pos
session thereof since the year 1871.
THAT these lands are agricultural In
character. suitable for raising hay
grain and other farm products; but ar
tificial irrigation Is necessary to make
them productive.
THAT In the year 1871 plaintin, John-
son, and one L. z. Blakely, predeces-
sor of the plaintiff, Hoffman, for the
purpose of irrigating said lands and
rendering them productive, diverted
from Warm Springs creek. at a poln'
about two miles southeast OF SAID ianos
200 inches of the waters thereof. and by
a suitable ditch. fumes and dams con-
veyed the same upon said lands.
THAT the plaintiffs are now Jointly
the owners of said ditch. dams, fumes
and the right to the use OF said water
they and the predecessor OF plaintin
Hoffman, having continuously used tn
same for the purpose for which IN.
water was appropriated. from the sale
date of appropriation up to the present
time. except when diverted and used by
the defendant. as hereinafter found
That this ditch and water right Is tn'
one mentioned in the complaint nerein
That the defendant, Alfred Perkins, II
the owner in fee of the W y or NV a
and w y of sw a. sec st - nrsw II
Deer Lodge county. Montana. and ha,
been in possession of the same as suci
owner since the year 1SS2- That saie
lands are agricultural In character
suitable for raising-hay, grain ana otn
er farm products. but require artincla
irrigation to render them productive.
That they are situated on Dee
Lodge river. above the lands OF IN
plaintiffs above described. and that tn
ditch of the plaintiffs above mentione.
runs through and over them 10 reacl
the said lands OF the plaintiffs. ina
the said defendant. Perkins. at varion
times during the year 1895 and prio
years, cut the said ditch OF the plain
tifrs near his residence. on his sal
lands, and diverted therefronn por
tion of the water conveyed therein
amounting TO about IL inches, and de
prived the plaintiffs OF the use thereoi
in violation of their rights and agains
their consent. That he threatens q
continue the diversion OF this amour
of water conveyed in said ditch. assert