The Philipsburg mail. [volume] (Philipsburg, Mont.) 1887-current, 1896-03-26
DISTRICT COURT DOINGS
John Boyd Acquitted of the Charge Of
Stealing the Diamonds.
NELLIE GETS HER JEWELS
The District Court Has Pretty Busy
Term-Quite Number of Cases
Disposed-New Citizens.

DlSpOSou-NeW CltlZeuS.
The case of the state of Montana
against John Boyd was concluded in
the district court last Saturday when,
after the prosecution had submitted all
it's testimony, the defense waived the
right to submit it's evidence and the
case was submitted to the jury who
We're instructed by Judge Brantly to
bring in verdict Of not guilty, the
court emphasizing his instructions
with the remark that unless such a
verdict was returned the court would
be obliged to reverse the decision of the
jury. Consequently, without leaving
their seats, the jury found the defen-
dant not guilty, and his bondsmen
were accordingly released and Mr.. Boyd
set free. From the fact that the de-
fense withheld all it's testimony and
the accused was set at liberty on the
evidence Of the prosecution is proof
enough that very poor case was pre-
sented against Mr.. Boyd. The prose-
cution was conducted by County At
tOIuty MOOlE, w IlIlc w. ID. IlOllSClS ttllNt
Judge d. M. Durfee represented Mr..
Boyd.
The evidence of the prosecution
proved that the diamonds found in
Boyds possession We're the property
of Nellie Horton. but the defense claims
that they could have proven that MI
Boyd bought the jewels outright had it
been necessary or had the prosecution
made out any kind Of Il case whatever
There was no proof presented to show
in any way that Boyd had been seen
around the house or that he had stolen
the valuable stones. the consequence
being his acquittal without any defense
whatever being necessary.
The case on trial today in the district
court is attracting considerable atten-
tion among prospectors and miners,
and the decision will settle a much
disputed question. 1t is the case of
Angus Mclean against John Cadet for
deed to a portion of a certain mining
claim in the Moose Lake district,
which has lately become quite valuable.
The evidence submitted in the case in
dicates that Mclean and Cadel had in
and went into the Moose Lake district
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pecting. During the time Cadel found
the float which led to the discovery of
the rich mining claim which he To-
Gated but Mclean not being a citizen
of the United States his name was not
included in the location notice, but he
claims that it was understood between
himself and Cadel that Cadet would
deed him one half interest as soon as
he (McLean) should take out his citi-
zenship papers. Before this had been
done, however, the value of the prop
erty became known and the deed was
never made out and Mclean sues fOl
the same. Rodgers & Rodgers and j.
G. English for the plaintiff and j. c..
Forbis and G. B. Winston for the de-
fense are the attorneys in the case.
George Modini VS.. L. G. Johnson,
sheriff the plaintiff consented to the
modification in the Judgment hereto
fore rendered and motion for a new
trial was withdrawn.
J. F. Cumming Walter Parken, Her.
bert Parken, Neil McCauley, N. M.
Murray, Murdock Murray and Joseph
Norton were admitted to citizenship.
In the case of J. c. Robinson, of
Deer Lodge, against Duncan Dingwall, ,
the jury returned a verdict for the
plaintiff in the sum Of $l93.
Royal Gold Mining and Milling com
pany VS.. Eugene Sifton; motion for a
new trial continued and set for hear
ing May 4th.
Joseph A. Hyde VS.. VIM. Moiles; or
default of defendant, Judgment wa:
rendered for the plaintiff in the sum Of
1886. o.
In the case Of Heilman VS.. Heilman,
Josiah Shull was appointed referee an(
instructed to report at the May tern
of court.
j. F. Ryan VS.. Thomas Guinnane,
the Jury returned verdict for the
plaintiff in the sum of $275.
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