The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-11-15
Wild COURT SCENES
Sensations Sprung in the Presence
Of the Digmfed Judge.
ALL OVER HELENA WATER
The City Attorney. Snubbed on
Every Proposition, Leaves
the Room and Positively
Refuses to Proceed.
Special Dispatch to the Standard.

Special Dispatch to the Standard.
Helena, Nov. 14.-The case COM
menced last spring by the Helena Con-
solldated Water company against the
city which came on for trial in De-
partment l. OF the district court yes
terday has developed some sensational
features. Action was brought by the
company TO Recover $4,000 alleged TO
be due from the city on account OF
water furnished from Jan. 10, 1895. to
Dec. 10, 1895. The city contends that
1t only owes about $1,000. The ulti-
mate outcome of the controversy Is
most important, as on II depends other
claims OF the water company against
the city.
When the case was called yesterday
all lawyers were present. Judge ".
w. Mcconnell. William Wallace and
b. Platt Carpenter represented the wa
ter company and City Attorney Mas
sena Bullard and II. c. and 5. III. Nc
lntlre the city. Judge Blake, to the
surprise of all the attorneys, an
nounced that his jury had been dis
missed until Monday. City Attorney
Bullard protested. saying that the at
torneys had expected jury trial.
Judge Blake said that the city attor-
ney. for the city, and John Il. Clay
berg, for the company, had waived
the jury two months before. that his
minutes showed positively that the
jury had been waived. Mr.. Bullare
stated most emphatically that he had
not warned the jury. None of the 9TH
er lawyers were In a position to say
that II had been waived. but counsel
for the water company were quick to
take advantage of the situation.
Judge Blake ordered the case to pro-
ceed. but at the earnest request of the
attorney for the city. postponed the
trial until this afternoon. In the mean
time Judge Mcconnell wired Mr. Clay
berg. who was In Chicago. and re-
celved an answer after court had OPEN
ed In the afternoon. Mr.. Clayberg
had no recollection OF waving the
jury. MIR. Billiard again protested.
bt Judge Blake was obdurate and or
dered the trial TO proceed before him.
III. q. and :. IL. McIntire then with
drew from the case. as they had ex-
pected a jury trial. City Atsorney
Rullard, when he found the trial must
proceed. sprung sensation on the
counsel for the plaintiff. He objected
to the Introduction OF testimony on the
ground that the complaint did not
show facts sufficient to constitute
GROUNDS IOr action. lie pToNtu ur-
feet, and II was then the plaintiffs'
turn to ask for time. They asked to
be allowed to amend the complaint
and the court gave them until to-day
to do so
This morning City Attorney Bullard
was served with an amended COM
plant. He then asked the court for
the statutory time OF 20 days in which
to answer, his design being to hold
the case over until the next term OF
court, when Judge Blake would be on
the bench and a jury trial would be
possible. The court denied the request
for statutory time.
This afternoon City Attorney Bull
lard sprang another sensation by de-
clinlng to proceed and Withdrawing
from the court room. Judge Blake
then adjourned until Monday. That
is the situation as II stands at present.
The proceedings are the talk OF the
town. constituting as they do. one OF
the most interesting sessions or dis
trict court ever held in this county.