The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-05-12
LIVINGSTON NEWS.
The Stevens and Smith People Have Be-
come Badly Mixed.
Special Dispatch to the Standard.

Special Dispatch to the Standard.
Livingston, May 11.-Under Sheriff
Ely left this morning for Tom Miner
basin, about SO miles south OF this
city, to serve a writ Of possession, is
sued out of Justice Roses court. upon
Charles Stevens, an ex-Northern Pa
cific brakeman. About a year ago Ste
vens and c. c. H. Smith. a rancher OF
Tom Miner basin. entered into some
sort of an oral agreement by which
the former. with his family, was TO
occupy Smiths ranch jointly with the
owner, for the purpose of engaging in
the dairying and poultry business, the
profits to be divided equally between
the parties. The alleged partnership
business was not a paying affair ana
the two gentlemen had falling OUT,
the result being that Smith, the owner
of the ranch, ordered Stevens to va
cate the premises. This Stevens re-
fused to do until a settlement OF the
business as effected. Stevens claimed
that Smith was indebted to him in the
sum of several hundred dollars. and
that until the co-partnership ceased to
exist he had as much right to remain
on Smiths ranch as Smith himself.
The difficulty eliminated In a suit be-
fore Justice Rose of this city, few
days ago. the action being brought by
Smith to gain possession of his ranch.
The evidence disclosed the fact that
Stevens was in exclusive possession OF
the ranch and had his family domi-
ciled in Smiths home. The only no
tice that Stevens took of Smiths or
der to vacte was to forbid Smith from
entering his own house. Later. when
Smith essayed to enter into possession
of his residence in company with sew
eral friends he was met at the door
ard ordered to 'vamoose the RANCH"
under penalty of bodily injury, Ste
vens informing Smiths companions
haf "A thraQhnl6
| they would have to step over Smiths
dead body. The Jury brought in a ver-
dict for the plaintiff. the evidence fail
| ing to substantiate the defendants
| claim of the existence of a copartner-
ship. Notwithstanding the verdict
| Stevens returned to Tom Miner basin
and is still in possession of the ranch.
| Before leaving for the ranch the I'M
| der sheriff was informed that Stevens
| had boosted that he would not vacate
until Smith made satisfactory set
| Element with him. and that IL the off,
| GERS entered on the premises for the
| purpose of ejecting him and his family
| they would meet with a warm recep-
| ton. These rumored threats, however,
were not given very much weight by
| the officer, who stated upon leaving
| that he did not think any serious
| trouble would result. He went pre-
pared, though, to carry into execution
| the order of the court and stated that
/ IL Stevens offered resistance by force
| of arms his ejectment from the ranch
/ would be accomplished quicker than
hell could burn a feather.
A number of freighters, who were en-
route from the eastern part of the state
TO the National Park with two four
horse outfits. were set afoot a short
distance west of Columbus few days
ago. They went into dinner camp
| close to the Northern Pacific road. and,
| alter holding their horses, turned them
loose to Craze. Shortly afterward a
west-bound freight train with Con-
ductor Neary in charge and Engineer
Elliott at the throttle. dashed around
the curve and, q moment later. the
unfortunate freighters' horses were
sent flying in every direction. The
animals had strayed from their feed
onto the roadbed. AS they punched in
the center OF the track and stood rae
ing the shrieking locomotive. their an.
imal instinct failing to warn them OF
| their impending danger. When Engi
| neer Elliott first saw the bunch OF
horses on the track he reversed his en-
| CINE, applied the air and attempted q
stop the train. Finding that this could
| not be accomplished in time he adopt
ed the heroic measure so well known
| to all engineers in cases of this kind
| He either had to make WHOLESALE
| slaughter of the horses or else run tn
risk OF ditching his engine and severa
| 4
the greater the speed of a train tn
less liability there is Of its beinI
ditched when the engine strikes NOV
able obstruction. such as stock on tn
track. The engineer therefore threw
down the lever. opened wide the throt
tie and made a run for the horses
which stood immovabie on the tracl
as IL riveted TO the spot.
The engine plowed its way throug
the living obstruction with safet,
Four of the horses were killed out
| right and three so badly crippled tina
they had to be shot The freighter
rounded up their remaining horse an
at last accounts were still camped a
the scene of the accident. unable Z
continue their journey. Northern Pa
cifc Claim Agent Williams was in I'll
city to-day en- route to the freighter'
camp TO effect a settlement with III
stranded strangers IL is not likel
however. that they will be fully II
compensed for the loss OF their horse
IT is the policy Of the company TO pa
: losses of this kind at considerable les
; | than the actual value OF the animal
killed. The freighters viii probably /