The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-05-30
MELTING THE SNOW
Yesterday Was the Warmest Day 0
tha Year in Western Montana
MORE LOGS FOR THE MILLS
The Familiar Case Involving the
Right to Cedar Creek Water 1.
Court. Judge Brantly -
Presiding-Notes.

Missoula, May 30.-This has been the
warmest day of the year in Western
Montana, and the streams tonight are
all on the rise. The Rattlesnake- has
risen nearly a foot in the last IA hours
and the main river is two feet higher
than 1t was a week ago. The Bitter
Root is rising rapidly and the lower
tributaries of this stream are all rag
ing torrents The st. Regis, on the
Occur d'Alene branch is getting dan
gerously high and the track is threat
ened in some places. The logs are
coming down to the mills fast enough
to make it certain that there will be
no necessity of closing on account of
lack of logs.
In Judge Lander's court this morn
ing the friends of Jack Walsh, the
man who tried to whip a Chnaman
yesterday, asked that he be allowed TO
pleaded guilty to the charge of assault,
an dtheir request was granted. Jack
paid fine of $40 and costs and went
back to his work of stringing wire. 1t
will be some time, he says, before he
tries to do up a Chinaman.
Lieutenant Colonel McKibbn will
leave Saturday night for his new sta
ton in the East. Colonel and Mrs.
Burt will probably leave at the same
time on a vacation trip in the East.
The colonel has leave of absence for
the summer
In the district court to-day Judge
Brantly has been on the bench and
the entire day has been taken up with
the hearing of the water case of Muir
ply VS.. Lacasse ct al. The case in
wolves the right to certain waters in
the Cedar creek district for mining
and agricultural purposes. The water
is now being used by the Lacasse
Brothers for placer mining and is
claimed by Mrs. Murphy as the prop
erty of her husband, the late John E.
Murphy, who, the claimant says, To-
Gated the right in 1879. There has been
a small army of witnesses on both
sides and the testimony has been slow
in coming in, as the attorneys have
contested every step.
The plaintiff is represented by i. c. 4
Marshall G.. w Reeves and G. Ogden.
The defendants attorneys are Bickford,
Stiff & Hershey. The plaintiffs case was
rested just before the adjournment of the
afternoon session and the attorneys for
the defendants at once made a motion for
a non-suit. The motion was argued and
the matter taken under advisement until
the evening session, which opened at
o'clock.
AT that time Judge Brantly called the
court to order and took up the question
raised by the attorneys in the motion.
He discussed the matter at length and
finally sustained the motion on three
grounds. First, it was shown by the evil
dence that the bitches of the defendant
below the Murphy bitches and it was not
shown that the defendant had at any
time or in any manner interfered with or
molested the bitches of Murphy. Second,
that ii was not shown by the evidence
that Murphy was q citizen of the United
States, and his rights, If he had any,
could not then pass TO his widow the
plaintiff Third, that IL did not appear
from the evidence that the defendants
acted together at any time or that any
One of them at any time deprived the
plaintiff or John c. Murphy of any water.
The case has been in court a long time
and has been called up so many times
hat the public has become familiar with
I. The plaintiff. Mrs. Murphy, sued as
Dauper and her witnesses cannot there
lore collect any fees. This leaves some of
hem i'm an unfortunate position, as they
have been here for some days and have
had to travel long distance to testify.
In the evidence that was introduced to-
lay there was but one of the several de-
endants. John Lacasse, who was shown
% have at any time diverted any of the
water that was claimed by the plaintiff |
md this water was taken out of the
tream below the workings of Murphy.
The decision of Judge Brantly and his
discussion of the case were listened to
With interest by a large number of at
orneys and mining men.
A. Carbon, who has been in Jail for
everal days pending an examination of
lis mental condition, was brought into
curt to-day and examined by an insanity
commission. The result of the examina-
ion was that Carbon was released.
John Mcguire went west this morning
n the flyer in company with Nat Good
Yin, who is bound for Australia with his
ompany. Mr.. Mcguire accompanied the
ompany as far as Hope and returned on
he eastbound flyer this evening.