The Madisonian. (Virginia City, Mont.) 1873-1915, 1895-11-23
NOVEMBER TERM
OF DISTRICT COURT
The Jones Murder Trial Set
for December g.
Grand and PetiB Juries summoned
HeaFiug in the Goodwin Estate d.
Ier-A Batch of Divorces-Otber
Matters.

One Of the first matters to occupy
the attention of the court, which con-
vened Monday, was the case OF Morgan
Jones, charged with the murder of
Joseph Hunault, which tragedy is al
legged to have taken place ear Melrose
about two months ago. Jones was ar
raigned Monday morning, the informa-
ton charging him with murder in the
first degree. He answered that his
true name was Morgan Jones, and
entered a plea of not guilty.
County Attorney Galloway asked the
court to fix the date of trial. Attorney
Wines moved for a continuance for the
term, to which the county attorney OBJ
lected. The court Overruled MIR.
Wines motion, to which he excepted
and the trial was set for Thursday,
December 2.
%GALLATIN VS.. MADISON.
On Monday Judge Showers heard the
argument on the petition of Peter LIE
Beau, a creditor of the George H. God
win estate, for the admission of the
will to probate and appointmentment
of an administrator.
This is a novel and interesting case.
From the strong and able argument
made by Judge Luce on behalf of the
petitioner we summarize the following
facts:
Goodwin lived and died in Madison
county leaving an estate amounting to
about $50, 900. He made a will, the
proper place for proving the will was
in the probate court of Madison county
where the testator lived and died. 1t
could be done 10 where else. But for
un%accountable reasons the will and the
estate were taken into the probate
court of Gallatin county, where the
will was admitted to probate and ad-
ministrators appointed, who at once
J proceeded to settle up the estate. LIE
Beau had a claim against the Goodwin
for 81 500 which the administrators re-
= fused to allow. BY a decree of the
Gallatin county court the proceedings
Of the administrators were confirmed
and the distribution which they had
made under the will was approved.
The estate was supposed to be settled
but LeBeau had not been paid and up
on the advice of counsel this petition
was fled in this court for the purpose
j.. of enforcing the claim against the es-
tate.
Shortly after this the Gallatin coun.
ty court ascertaining that it had had
= no jurisdiction in the matter of an es.
. tate, the owner of which Had lived and
died in another county, made an order
. yacating all of the orders and DEGREES
it had previously entered on the case
and nullified all the proceedings from
the beginning.
: what complicated by the fling of
q complaint by the defunct administra
tors of the Gallatin county court, VIII
asked this court to enjoin the appoint
C ment of an administrator and to ente.
a decree affirming the acts of the Gal
l. latin county men in the settlement 0
l. the estate. i.
o Judge Luce forcibly and clearly al
q gued that all of the proceedings, judy
ments, orders, DEGREES and settlement
entered and made in Gallatin count
g were absolutely null and void alb initus
That court was without jurisdiction il
g the matter and it's orders and judo
ments We're of no more force than.
they had been made by a court in tn
state of Idaho. The Gallatin count
court had so confessed by entering a
order ~vacating and setting aside tn
whole proceedings. This relegated tn
parties and the estate to it's origina
l. status as if there had been no probat
of the will and no administration ur
der it. The petitioner was rightfull
in this court; it was the forum proviG
ed by law for the collection of his debt
It and he was entitled to its aid. TIL
will should be probated here and an &C
ministrat0r appointed and this pet
toner given his statuatory right to pre-
sent and prove his debts.
y The prayer of the Gallatin county &C
q illustrators for an injunction was a Il
gal absurdity; they were mere trespasl
ers, not having the slightest right, tit
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