The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-22
HIS PROXY IS FINED
A Case Out Of the Ordinary Before
..Ir Judge Spser.
ONE MORE DIVORCE SUIT
Eta AverilI vs.. Thomas NJ. Averill
Charges Extreme Cruelty
Frank Bouohsr's Bill Against
the Powers-Court Notes.

A plea OF guilty by proxy and receiv-
ing sentence IN the same way is some
thing out of the ordinary in court pro-
ceedings. Such a case was before Judge
Speer yesterday morning. The appeal
Of H. Z. Fremming had been set for
trial. but Fremming. who is at present
q resident of Helena, was not present
and friend appeared in his place and
pleaded guilty to the charge of Tar
ceny by false pretenses." The court
sentenced the defendant. by his proxy,
to pay q fine Of one dollar and costs,
amounting in all to $23.75, which the
friend paid. Some months ago Frem-
ming called on one Jacob jacobson.
and. representing himself as an agent
OF the Singer Sewing Machine COM
pany, collected IS on an installment on
q sewing machine. He was arrested
and convicted in a justice court but
took an appeal. He could not be pres
ent for a trial and sent an offer through
. friend to plead guilty and pay a fine,
which was accepted.
Judge Speer yesterday morning made
an order discharging Hugh O'Donnell
and Maggie White, the two persons ar
rested several days ago for committing
an indecent offense. The judge had sat
isfied himself that there was no law
under which they could be held or
prosecuted.
Owing to the absence from the state
Of Lee W. Foster, the prosecuting wit
ness against Frank Collier, who is
charged with assault in the first de-
gree. the setting of Golfers case for
trial was vacated.
County Attorney Wines yesterday
filed an information against w. Gray
and ]. Johnson, the two white men
caught in the raid on the Chinese fan
tan gambling den. The men are
charged with gambling without a H.
cense. They were arraigned and took
until Monday to plead.
In the Farraday divorce case the de-
PENDANTS motion for alimony and coun-
sci fees was withdrawn yesterday.
A default judgment for 1892 so was
entered yesterday in the case of the
Miner Publishing company against ].
r. Boyce Jr. & Co.
Etta Averill yesterday commenced a
suit for divorce against Thomas NJ
Averfll and charges extreme cruelty.
She recites In her complaint that they
were married at Des Moines, Iowa,
Aug. 81, 1892. In April, 1898, while they
were living at Des Moines, he assault
ed her and inflicted on her bodily in
juries and at the same time addressed
TO her the most abusive and vile cpl
.thets and insulting language and
threatened to kill her. On oct. 10, 1894
at Defiance, Iowa, he again assaulted
her and threatened her life and there
after continued TO do so with such fire.
quency and vehemence up to Oct 30.
1894. that she was afraid to longer live
with him. that she should be killed by
him, and because of such fear she was !
compelled to leave him and has ever
since lived separate and apart from |
him. The defendant is at present a |
resident of Council Bluffs. Iowa
Frank Boucher yesterday brought |
suit against John B. and Nicholas Pow
ers for $2S0.75 and to foreclose a lien on
three houses on lots and s, block /.
Plymouth addition. The houses were |
moved from VAUDEVILLE to the lots des-
ignated by Edgar Dayton at contract
price of $500. The balance of the claim
was assigned to Boucher An attor-
ney's fee of $50 is also demanded. Ern-
est Clark also brought suit against
Dayton and the Powers for SEA- II.
claimed to be due him and nine other
men for the labor in moving the houses
Clark also asks for the
OF lien and for $3.50 attor-
ney's fee.
To-day being a legal holiday the
courts Will not be in session.