The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-18
ONE POWERFULLY WORD
1t Stops the Wheels of the Morrow
Weyerhorst Damage Case.
PARTITION OF PROPERTY
The AyIesworth-Fishe Land Con-
test-lda Farraday Files Her
Answer I'm Her Suit
With Adam.
PARTITION OF PROPERTY

Because of one word in the COM
plant in the $4,000 damage suit of
Elizabeth Morrow against DR.. Joseph
Weyerhorst, the trial came to a sud
den end yesterday, the jury was dis
charged, the setting vacated and the
case indefinitely postponed. The
plaintiffs testimony had nearly all
been introduced, and all went to the
effect that DIR. Weyerhorst, through
misrepresentation, secured the removal
of william Morrow, the plaintiffs hus-
band, from Basin to the defendants
hospital and there left him alone and
unattended, and in a delirium he got
up and went out on the streets, where,
II is claimed he choked to death from
the abcess in his throat from which ne
was suffering. 1t was charged in the
complaint that Weyerhorst had adj
ministered some powerful treatment"
to the sick man which caused him to
become insane, and while in that con-
dition he wandered out into the cold
and snow.
The testimony failed to show that
the treatment, whatever II may have
been, was powerful" and when Attor-
-ney Kinsley put DR.. McCrimmon on
the witness stand for the purpose of
asking him a hypothetical question and
the result of such treatment of a pa
tient the defendants attorney made
an objection on the ground that there
had been no evidence to sustain the al
legations of the complaint that there
had been any powerful treatment,
and Judge Mediation sustained the OBJ
lection. Mr.. Kinsley considered the
matter for a while and then asked
leave ITO amend his complaint by strik-
ing out the word powerful and in
sorting in the place that thereafter,
as the plaintiff is informed and be-
lieves, the said William Morrow while
under the care and under the charge
and control of the defendant became
insane and unable to take care of him
self"
Mr.. Kinsley said the plaintiff desired
to rely on the abandonment of the de-
ceased while in sane and unable to
take care of himself rather than upon
the charge that the delirium had been
caused by the treatment of DR.. Wey-
erhorst. The court allowed the amend
ment and then the defense demanded a
continuation on the ground of surprise.
The continuance was granted at the
plaintiffs costs and the defendant was
given 10 days in which to answer the
amended complaint.
The court yesterday confirmed Ref
cree Neidenhofen's sale of the property
involved in the partition suit of W. N.
AyleSworth against John Fisher and
others. The sale was made Feb. 81,
the property consisting of lots l and 2,
block sc. and lot and the east As feet
of lot 81. in block 2S of the Butte town
site. including the lot adjoining the
postof1ice building in Broadway. Four
lots in the town of Deer Lodge were
also included and the whole was pur-
chased by Aylesworth for $14,00 which
amount was paid into court and dis
tributed among the different claimants
yesterday as follows: w. N. Ayles-
worth, $35S so for costs, attorneys fees.
etc. and $9.035.50 as his share in the
property; Frank Conley. $3.50 costs.
and Birdina Fisher. whom he repre-
sented; John Fisher of England.
81, so; Mary Ann Sadler s3s365;
Catherine Aylesworth, S3S3.60.
In the case of Joseph Gaggin against
d. NJ. Newbro and others, the default
of Newbro was set aside and the case
dismissed as settled.
An amended answer was filed in the
suit of G. w. Odell against the West
ern Iron Works and the case was con-
tinued
Attorney Kirk. representing Mrs Ida
Farraday in the latest suit for divorce
brought against her by Adam Farra-
day. filed an answer yesterday denying
that she deserted Adam, and alleging
on the contrary that he deserted her
and that afterwards he entered the
house where she lived and assaulted
her and called her vile and abusive
names. Mrs. Farraday does not ask
for Affirmative and will content herself
with an attempt to defeat Adams suit
again.