The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-31

On an it, Dates.
Howell & Harvey, attorneys for Mary
Cotter in her suit against the grand
lodge of the A. o. U. w, yesterday
filed a motion to strike out very
large portion of the lodges answer.
The court is asked to strike out the al
legations of non-incorporation for the
reason that such a defense cannot be
made in connection with defense
upon the merits and besides the an
swer shows that the lodge is de faoto
corporation. 1t is also claimed that
the matter is not verified as required
by law. The court is also asked TO
strike out all allegations OF the nom
payment OF dues and the suspension of
Daniel p. Cotter. prior to Aug. 10. 1894.
as being irrelevant. and for the reason
that the beneficiary certificate on
which the suit was brought. was not
issued until that date. The lodges
answer alleges that Cotter was sus-
pended Jan. g. 1894. and the fact is he
was reinstated and a new beneficiary
certificate issued on Aug413, 1894 with
a change of beneficiaries from a
brother to a daughter of the insured
The motion also wants stricken out all
portions of the answer relating to the
non-payment of dues from August.
1894, up to Sept. 2S, 1885, the date OF
Cotter's death. as being Irrelevant for
the reason that there is no allegation
that Cotter was suspended or that the
certificate was annulled for the reason
q such alleged payment All al
legations relative to THE rules of the
order providing for the submission to
arbitration of all claims against the
lodge are also desired to be stricken
out as being irrelevant and a sham.
Ju. lie and Con tai Sued
The trial of the case Of Joseph Cadieux
against G. II. Chapman. the South
Butte justice of the peace and J. L.
Bonesteele, his special constable was
resumed in Judge Speer's court yester-
day morning. The plaintiff who was
the first witness, testified that on Aug
IA, 1885, for a consideration of 81 600
he bought from Josephine Gunville the
furniture and fixtures of a lodging
house which she had been running on
East Broadway in Butte; that on the
morning following his purchase he took
possession of the furniture and on the
afternoon on that day left the city TO
attend to some mining business. but
before taking his departure employed
a man of the name of Langstan TO
take care of the property for him. on
the 10Th of August the furniture was
attached while in the possession of his
agent in suit brought in Justice of
the Peace Chapman's court by Brophy
& Co. against Mrs. Gunville. on
cross-examination Cadieux said he had
boarded about a year at Mrs Gum
ville's house before he bought the fur
niture from her and at the time the
sale was made she was indebted to him
$3.50 for money loaned, and that on the
day he took possession he paid her
$3.50; also that Mrs. Gunville remained
in the house about "a hours after he
had taken possession. Cadieux also
stated that he paid the house rent to
Aug. "a. Will Hardcastle then testified
regarding the demand by him on the
special constable for the return to Ca
dieuX of the property attached and
Steve Longstran said he had acted as
agent for the plaintiff and was i'm pos
session Of the property at the time of
the attachment Mrs. Gunville then
took the stand and testified as TO the
amount paid her for the furniture. the
day of possession, and said that she
remained in the house one night after
the sale and left She also denied chat
she had disposed of the property I'm
order to defraud Brophy & Co. and her 4
other creditors. and said Cadieux had 4
no knowledge that she was indebted to 4
anyone.
The first witness on behalf of the de- i
fendaIts was j. L. Bonesteele who tes- |
titled regarding the attachment of the |
furniture and its value. A b. Mar /
SHALL who was placed in charge as /
custodian. said that Mrs. Gunville,
while he was in possession. came to the /
house one night about 10 o'clock and /
asked to be admitted. He did not re- /
member her face. but recognized her
by her French accent. Miss Davis, one
of the defendants witnesses. denied /
that she had been asked by Cadieux
or Mrs. Gunville TO pack any of the
lace curtains for shipment to Mrs.
Gunvilie. Her testimony was evident
~ disappointment to the defendants
and she was nc. cross-examined by /
the plaintiff. X. J. McRaa. of the firm
OF McRae & Solverson. told about hav-
ing bought a lot of bed room and
kitchen furniture from Mrs. Gunville /
on Aug. l6. and said that she had stat
ed 10 him that she had disposed OF all
her furniture to Cadieux as she was
afraid Of being attached. II was then
sought 10 show by McRae thar Mrs. |
Gunville told him CadieuX was a party
10 an attempt to defraud her creditors,
hut this fesGrfunOuy 1