The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-10
IT'S STILL ON TRIAL
The Damage Suit Against W. R. Ken
yOn and Others.
REARRANGED THE CALENDAR
A Question Of Fact for a Jury to
Decide-Reid, II Is Alleged.
Went Home Drunk-The
Moulder Boy.
REARRANGED THE CALENDAR

line QdmdSe suit Vi the bullc Mflliil6
& Milling company against w. r. Ken
yon and others was continued on trial
in Judge McHatton's court yesterday.
and all other matters that had been set
for hearing were continued for one
week. The case on trial was not fin
ished yesterday. and.will be resumed on
Monday morning. Judge Mediation al
so found it necessary to rearrange his
trial calendar, and many cases set for
trial next week were continued from
one to two weeks. The case of Haggin
against Lewis, which will probably take
several weeks for trial is set for Nov.
20. The plaintiffs attorneys expressed
a willingness to try the case before the
court without a jury, but the defend
ants said they were not ready to waive
a jury.
In the damage suit of Mrs. Elizabeth
Morrow against DR.. Weyerhorst, the
Judge sustained a demurrer to the COM
plant and overruled a motion for judg-
ment on the pleadings in the case OF
the Peters Saddlery company against
the First National bank. In the latter
case the plaintiffs had sent to the bank
a draft for collection for shipment Oh
goods to a Butte firm. The draft was
presented before the goods had arriv-
ed and payment, for that reason, was
refused. A few days later the goods
arrived and were taken by the nrm,
which failed about the same time and
the saddlery company got nothing and
tried to hold the bank responsible for
not presenting the draft upon the ar
rival of the goods. The bank said II
was not its business to find out when
goods arrived, and the court said II
was a question of fact for jury to de-
termine.
In the case of Hector Terni against
the j. +. Kelly company a suit for the
value of car of fruit which the de-
PENDANT refused to accept because 1t
had been damaged by cold, the court
rendered judgment for the defendants
for costs, and said Ii was plain from
the evidence that the plaintiff had not
shipped the fruit in a proper car and
had not packed the fruit as Ut should
have been or as he claimed he had.
Judge Mediation passed on three annu-
al accounts in probate cases and re-
fused to allow them because the attor-
neys failed to follow the rules of the
court and present, with the accounts,
proper DEGREES and orders, and ordered
the costs to be taxed up to the admin
istrators. The judge said he meant
business, and that the rules of the court
had not been made to be disregarded
by attorneys. though some of them
must be reminded of 1t very forcibly.
The injunction case against t. o.
! Miles. to prevent him from obstruct-
ing an old county road came before
the county attorney made a motion to
strike out the defendants answer be-
cause II was not filed within the re-
quired time, and the matter went over
until Monday morning.
In the case against DR.. Todd, charged
with practicing medicine without first
having obtained a permit from the
state medical board, Judge Speer over
ruled a demurrer.
A demurrer in the complaint against
Victor Godelier. convicted in a lower
| court for vagrancy and living in and
around houses of prostitution, was
sustained on the ground that the
charges against the defendant were
not properly set out in the complaint
and that he was charged with more
than one offense in the same count.
In the case of Clark against Quinn,
motion to correct judgment in re-
| gard to interest was sustained.
A default was entered in the divorce
case of Cecilia Walton against ]. F.
Walton and the proofs set for Monday
| afternoon.
The setting of the damage case of
| Jacob Fehr against w. A. Clark was
vacated. 1t having been stated that the
| case would probably be settled out
| of court.
George Duprey. the complaining wit
ness against A. f. King and Alfred
| Ford, charged with robbery, was put
under a bond of $3.50 for his appear
| ance when wanted.
County Attorney Wines filed an in
| formation against Mike O'Brien,
charging him with burglarizinz the
| room of George Jordan in the Rose
and Thistle building on East Park
street. Oct. %. OBrien was arraigned
and given until Monday to plead. w.
| /. Lippincott was appointed to defend
| him. An information was also filed
against Charles Lee. charging him with
receiving a stolen watch. belonging to
a Mrs. Kramer. on Oct. 49, Thomas
| z. Harvey was appointed to defend
him and he will plead on Monday
| morning.
Proofs We're taken before Judge
| Speer yesterday morning and a decree
entered in the case of Bridget Reid
against Thomas Reid. The plaintiff
testified that she married the defend
ant in Philadelphia Feb. 4. 1885. They
| lived in Anaconda prior TO coming TO
Butte four years ago. On Sept. Is.
1883. in Anaconda. the defendant came
home drunk one night and beat his
wife and nearly killed their little girl.
He was an habitual drunkard and fire.
quently beat his wife and knocked her
| down. In June. 1892. while they were
| living in Butte he struck her so hard
that she did not recover consciousness
| for Is minutes and was confined to
| her bed for two weeks from the effects
OF the blow. He came home that night
| drunk and asked her how she liked
| what he gave her. He then went away
and did not return for a month, and
when he did come back ne beat her
| once more and then left her for good.
She has not seen him since but she
| heard from his brother that he was in
| Jail in Idaho for shooting a man
/ Grace Britton and her mother. Mrs..
| Emma Brttton. nelghbors of Mrs. Reid,
testified that they nursed her after
some OF the bearings she received from
| her husband
A motion for a new trial for Karl
| Leischke and Simon Veen was sub
mitted to Judge SDesr without argu-
ment and was promptly overruled.