The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-14
NEW TRIAL FOR HIM
The Lower Court Erred in Not Grant
ing Metcalf's Request.
OTHER SUPREME OPINIONS
Pleasant Draper's Case Is Up-Hs
Killed a Girl at the Crow
Agency-He'H Plead the
Insanity Racket.

Special Dispatch to the Standard.
Helena, Jan. 13.-The supreme court
to-day granted a new trial to Paul
Metcalf. who shot and killed Frank G..
Hunter in Beaverhead county Aug. II.
1894. Metcalf was found guilty OF muir
der In the second degree and sentenced
to 30 years in the penitentiary.
Opinions were handed down in the
following cases: State. respondent. VS..
Paul Metcalf. appellant; from Beaver
head county. The principal grounds OF
appeal were the refusal OF the court to
grant a continuance. and alleged in
sufficlency OF information. The su-
preme court holds that the Information
charging murder In the first degree was
sufficient. The court, however. is OF
the opinion that the showing for con-
tinuance was ample under the law and
that the lower court erred in denying
IL. The defendant I'm the trial OF the
case asked the court to require the
prosecution TO place on the stand a
witness who was present when Hunter
was killed and who was the only wit
ness who had seen the shooting who
was available. The court refused to do
as requested This. the supreme court
holds. was an error and reverses the
judgment. remandlng the case for a
new trial opinion by Chief Justice
Pemberton.
state ex rel. Mrs. A. G. wilhelm. re-
lator VS. Third judicial district. re-
spondent; from Deer Lodge county.
This action was on a writ OF certiorari.
raising the question as to whether the
district court exceeded its Jurisdiction
La. bn Ia fnu
supreme court finds the district court
did not exceed its jurisdiction and dis
misses the writ Opinion by the court.
George r. Newell & Co. appellants.
vs.. Herbert Nicholson & Co.. respond
ents; from Lewis and Clarke county.
This was an action TO recover the value
OF goods alleged to have, been sold to
the defendants. The jury found for the
Defendants and the supreme court at
firms the judgment and order denying
new trial Opinion by Justice De-
witt.
William Courtney. appellant, vs. Con-
tinental Land & Cattle company. from
Custer county. The plaintiff sued to
recover s.. 800 which he claimed was
due as commission for an alleged sale
OF cattle belonging to the defendant.
Inc case was lfleu Without n jury anu
the findings of fact were made by the
court. which decided that the defend
ant company had never entered into
n contract with Courtney to sell the
cattle. and had not ratified the sale OF
the cattle made by him. The plaintiff
appealed. The supreme court finds that
the evidence amply justified the judg
ment, which is affirmed. Opinion by
Chief Justice Pemberton-
I. J. Walsh. appellant. Va. the board
of trustees OF Helena school district
No. l. respondent; from Lewis and
Clarke. Mr.. Walsh sued to recover an
attorneys fee. 1000. for services which
he had contracted TO give for $500. ae-
cording TO the verdict OF the jury. The
supreme court says doubtless the fee
asked was earned. but the contract
must stand. and affirms the Judgment
of the lower court Opinion by Justice
DaNVitf