The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-30
FOR THE PLAINTIFF
The Case of Jacob Reding VS.. Gassert
ct al. in Judge Henry's Court.
DEFENDANTS WILL APPEAL
Thieves Rob the Congregational
Parsonage of sic In Cash-Sher-
iff Berkey's Fruitless Chase
Band Concert Next Month.


title to more than 100000 worth of
property in the counties of Park and
Silver Bow was tried Monday in the
district court now in session in this city
and resulted in a verdict for the plain
tiff.
The action was brought by Jacob
Reding of CinnaTbar against Harry
Gassert and his three stepsons, also
of Cinnabar, and w. NJ. Newt and NJ.
M. Block of Butte, for the purpose of
recovering possession of property which
he decided in trust to Mrs. Harry Gas
sert in 1887.
1t appears that Harry Gassert and
Jacob Reding formed a partnership in
Butte 30 years ago under the firm name
of Gassert & Reding. The deed execut-
ed to Mrs. Gassert, as the plaintiff
claims, in trust, covered Jacob Red
ing's half interest in the property own
ed by the firm.
Mrs. Gassert died four years ago and
her heirs, Harry Gassert and her three
sons Adam, Jacob and Charles Schweit-
ger, came into possession Of the trust
property. Three years ago Charles
Schwitzler sold his interest to W. NJ.
hewitt and NJ. NJ. Black of Butte for
the insignificant sum of 5000.
When the case was called last Mon
day the only contestants to the claim
set up by Mr.. Reding We're the two
Butte parties, Jacob and Charles
Schweitzer failing to appear, while
Harry Gassert and Adam SchweitZer
put In a disclaimer to any right to hold
the property other than in trust for
Mr.. Reding. Mr.. Gassert testified that,
in his capacity as attorney-in-fact for
Mrs Gassert, he accepted the deed of
conveyance for his wife, and that he
at that time, on her behalf, executed
and delivered Ito his partner a written
document acknowledging that the deed
was simply made in trust to Mrs. Gas
sert. This instrument was produced
and admitted in evidence.
On motion of Mr.. Reding's attorneys.
Judge Henry instructed the jury to find
for the plaintiff thus declaring the
trust and setting aside the deed of con-
veyance. Messrs. hewitt and Black will
appeal to the supreme court. The plain
tiff was represented by Savage & Day
and Campbell & Stark, and the defend
ants by Smith & Wilson.
The property I'm question consists of
the Clarendon hotel and other business
property in Butte, several copper
claims adjoining the Anaconda proper
ties, valuable placer ground near Silver
Bow junction, the Gassert ranch of $40
acres near Cinnabar, and some of the
choicest mining claims in the New
World district, including the Interna-
tional, Snow Slide, Little Annie, Eleva-
tor, Morning Star and Black Warrior.
The parsonage of the Congregational
church, occupied by Rev w. A. Walker
and family, was burglariZed some time
between the hours of 1880 and O'Clock
Monday night, during the absence of
the reverend gentleman and family,
who were in attendance at the revival
4 I'D
by Mr.. Walker Immediately upon his
return home. Entrance had been eff
fected by raising one of the windows.
The thief or thieves secured SIG in cash
from one of the bureau drawers and es-
capped.
In the case of the Rocky Fork Coal
company of Red Lodge against S. G.
Hunter and others. Judge Frank Henry
has overruled the motion of Defendant
A. Z. Flager for the discharge of Re
ceiver T. p. Mcdonald of the defunct
Red Lodge bank of ]. H. Conrad & Co.
A petition signed by over so of the cred
itors of the bank was presented, pray
ing that the present receiver be allowed
to remain and wind up the affairs of
the institution.
Sheriff Berkey of Yellowstone county
passed through the city Monday morn
ing on his return to Billings from a
wild goose chase" to Santa Cruz, Cal.
WnElHtT ult Ntlll Two WtchS ago LOT the
purpose of securing Warren Goodwin.
arrested at Santa Cruz on a charge of
having criminally assaulted a girl at
Billings last summer. The prisoner was
released ON a writ of habeas corpus be-
fore the arrival of Sheriff Berkey, and
lost no time in making good his escape.
A CALIFORNIAN club is shortly TO be or
ganized in this city by the resident
Scotchmen and a meeting will be held
some evening this week to discuss the
subject and arrange the prelimlnaries.
The meeting will also decide the ques-
tion as to whether the club. in addition
to its social and benevolent character,
shall be made an insurance organiza-
ton.
The Livingston band has decided to
give a concert and dance at Big Tim
Der either on the nth or 21st of Feb
ruary. A meeting will be held to-mor-
row evening for the appointment Of
committees and the arrangement of de-
tails.
AL Schlosser, VINO last fall resigned
his position as foreman of the Enter
prise composing rooms and returned 10
his old home in Decatur, Ills. is again
back in Montana. having arrived at
Billings last Sunday TO accept a s!;ua-
tion on the Daily Gazette.
The attachment suit of /. Orschel &
Bro. against Schott & Co. has been SET
tied out of court. and the embarrassed
firm will resume business at the old
stand the last of the week.
Jimmy Matthews has resigned his po-
sition as midnight mixOlogist at the
Opera House Palace.
Rev. Father A. r. Coopman left for
Red Lodge Tuesday morning in answer
20 sick call. the patient being L. +.
Sichler, ST., who is reported danger
ously III.
Earl b. Witch prophssies an open
winter. basing his representation on