The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-15
IN BOULDER'S COURT
Suits Against the Basin & Bay State
Mining Company.
THE SEQUEL TO A TRAGEDY
Mrs. Bovee Institutes Divorce Pro-
ceedings Against Her Husband,
Who Killed McDanieIs Near
Cregory-Other Matters.

Special Correspondence of the Standard.
Boulder, March 13.-William Walter
has commenced an action against Nc
Cauley Bros. for $472.90. The saloon
property of the defendants was at
tached but later the case was amicably
settled.
Katie W. Glora has commenced pro-
ceedings for a divorce against Thomas
c. Glora on the ground of failure to
provide plaintiff with the common nee
essaries of life for a period of more
than one year Immediately preceding
the commencement of the action
An action has been commenced by
the American Development company
VS.. w. j. Clarke, asking for a decree
OF court adjudging the plaintiff to be
the owner of the Meteor lode and the
Lapear millsite, and that the defendant
be compelled to execute a deed convey
ing to plaintiff all of defendants right,
title and interest in and to the said lode
and millsite and If the defendant re-
fuses to do so that the court appoint
commissioner to execute a deed con-
veying all of defendants interest to
plaintiff.
Suit was commenced by the Kenyon
ConneH Commercial company ct al.
against the Basin & Bay State Mining
company ct al to recover the sum of
sS,474.23 for goods, wares and merchan-
disc sold and delivered by plaintiffs to
defendants, $500 attorneys fees and to
foreclose lien filed to secure said sum
on the Katie mine at Basin.
Another action was commenced by
the A. NJ. Hotter Hardware company
against the same parties to foreclose a
lien on the Katie mine filed to secure
the payment of 81, 900 80 for machinery
sold by the plaintiff to the defendant.
and to recover $500 attorneys fee which
is alleged to be a reasonable fee for
foreclosure.
Myrtle Bovee has commenced an ac-
ton for a divorce from Charles Bovee
This action is of particular interest at
this time, because of the fact that the
defendant is in the county Jail charged
with the murder of William McDaniels,
and the plaintiff, his wife, is the only
living witness to the tragedy. Section
2441 of the penal code provides that
except with the consent of both, or in
cases of criminal violence upon one by
the other. neither husband nor wife is
competent witness for or against the
other in a criminal action or proceed
ing to which one or both are parties"
Whether or not the obtaining of a de-
cree of divorce will enable the state to
place Mrs. Bovee on the witness stand
TO testify against one who was her
husband at the time of the commission
of the crime concerning which she will
give evidence, will probably be decided
at the trial
The complaint states that the plain
tiff and defendant were married at
Glenwood. Wis. on the 9Th day of Sep
TENDER, 1898; that since their said mar
riage the said defendant has treated
the said plaintiff in a cruel and inhu-
man manner and in particular as fol-
lows: That said defendant on or about
the month of May, 1894, at the town of
Wapheton, in the state of North Da~
kota, knocked the plaintiff down six
times after she had been sick four days
and was only prevented from repeating
said assault by the neighbors and at
the time he threatened to repeat said
assault: that in the month of June, 1894,
the said defendant at the town of Rose
bud, in the state of Montana, attempt
ed to drown the said plaintiff in the
river and did do bodily harm to the
said plaintiff; that on or about the 9th
day Of November. 1895, at the county
of Jefferson, in the state of Montana,
the said defendant did assault the
plaintiff and call her vile names and
did turn plaintiff out of their house
where she and defendant were then liv-
ing and told plaintiff never to return.
That since said last mentioned date
plaintiff and defendant have not lived
together; that the said plaintiff has
been assaulted and beaten by the said
defendant at other times in the state
of Dakota and Montana, the dates of
which she is now unable to state; that
the defendant has failed and neglected
TO provide the plaintiff with sufficient
food for over one year last past and
has failed and neglected to provide the
plaintiff with sufficient clothes to wear
during said time"
The complaint also states that during
all times since their said marriage said
plaintiff has acted and treated said
defendant as a loving and faithful
wife.
1t will be remembered that the de-
PENDANT Bovee killed McDaniels some
time last fall in the latter's cabin near
the village OF Gregory. in this county.
Some time before the killing the plain
tiff Myrtle Bovee, went 10 live i'm the
cabin with McDaniels and the desper-
ate encounter between the two men in
which McDaniels was killed and Bovee
badly wounded in several places, took
place in her presence. IL is understood
that her testimony. IL admitted. will be
he strongly against the defendant, but
IL excluded IL is somewhat doubtful IL
evidence sufficient TO secure a convic-
ton can be obtained. as Bovee claims
TO have acted in self-6efense.
The partnership heretofore existing
between John McCauley and Thomas
McCauley under the firm name OF Nc
Cauley Bros. was dissolved by mutual
consent on the 18TH inst.
Puiitzerian Methods.