The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-11
IN THE DISTRICT COURT
A Special Venire Issued in the
Moody Case.
THE BRINK DAMAGE SUIT
Last of the Explosion Cases Called for
Trial Before Judge Lindsay Com
missioners in Condemnation
Suit File Their Report.


missioners in Condemnation
Suit File Their Report.
The work of drawing a jury for the
trial of Frank Moody on the charge
of murder was resumed yesterday
morning, but the regular venire was
soon exhausted and special yenire,
with 100 names, was issued and made
returnabe Monday morning. Upon its
first peremptory challenge the state eX-
cused Evan Evans. and on its second
Richard Kemp was let off. The defense
exercised three of its challenges and
excused John j. Atkins, John Il. Ross
and Peter Doble. Among those called
into the box were s. p. Johnson and
John jacobson, who We're excused be-
cause they said they could not convict
a man on circumstantial evidence. John
Noonan, w. l.. Townsend and Matthew
wilkins were accepted. The jury will
probably be completed Monday fore
noon.
The Brink damage suit against the
Kenyon Connell Commercial company,
the last of the explosion cases, was
called for trial in Judge Lindsay's court
SGotFfddy LII tiloblL. puL AlIC NGlitl6 W si1
exhausted before a trial jury was Sc
cured and the case went over until
Monday morning, a special Venire of 30
names being issued and made return.
able at that time. Thrty-six men We're
served on the Nenire returned yester-
day morning, but Is of them offered
various excuses and We're let off. OF
the remaining u a number We're dis
qualified from sitting on the case be-
cause they had opinions. and four more
were excused on peremptory chal-
lenges. each side exercising two. When
court adjourned the following II jurors
were in the box: T. Fl. Mitchell. John
Gilbert, George Spellman. James Quinn,
A. S. Carter, a. Buzzette, Patrick
Doyle, George 6. Beekwith, r. w.
Whitman, j. S. Lagro and p. A. Gamer.
Mrs. Drinks attorney are Hinllle q
Shelton.
j. F. Collins, Lewis Stettheimer and
II. L. Morier, commissioners in the con-
demnation suit of the city against r.
Nj. Cobban and others. filed their report
of assessments and awards as damages
yesterday as follows: Edward Gavin,
$500 as the value Of 50 feet by 100
sought to be condemned, with $50 Off
set for benefits To the remainder Of the
tract, with no damages; Mrs. Julia A.
Beck, $500 for so by 100 feet, with no
offset or damages; Christina Madison
and Margaret Lockwood, 5000 for % by
100 feet with no benefits or. damages;
John f. Davies. $50 for one foot by 100.
with no benefits OF damages, Charles
German, $3.50 for an irregular tract of
ground, and $3.50 for the Improvements
thereon, with no benefits or damages:
Jesse Whitmore, 5000 for ground taken
and $3.50 for improvements. and 500 for
damages to the remaining portion of the
ground not sought to be taken, making
the total iGll1lpnt HH srp.
$3.50: r. NJ. Cobban 81 for ground
taken, with no damages or benefits.
The property CONDEMNED and APP
praised is for the opening Of IRON street
from the alley east of Main street west
to Dakota street.
The heirs of the Davis estate yester-
day petitioned the court for a partial
distribution and for an order for the
delivery of the real estate The petition
states that all claims against the es-
tate have been fully paid, and ii will
not be necessary to sell the real estate
for the payment of any debts. There is
nov a large amount of money, over
$4,000. besides a lot of real estate, in
the hands Of the administrator. The
possession Of the real estate can safely
be delivered and distributed to the
petitioners and other heirs at law Judge
Lindsay made an order setting next
Thursday. for hearing the petition.
Judge Lindsay yesterday morning
concluded the hearing of the injunction
suit of j. j. Gamblers against William
Lowry and others. and took the matter
under Amusement. About six more wit
nesses were examined. and then the
case was submitted without argument
The following matters are set for
hearing in the two departments of court
to-day:
Department Estate of Harriet s.
futile. return of citation; estate Of
Evan w. Pngh, return of citation, es-
tate Of William Harris. return of cita-
ton; estate of Joseph I. Miller. petition
of r. Fl. cobban for letters, objections
of Abbott 10 Cobhan petition, and petit
ton Of A. G. Abbott for letters: estate
Of j. w. kilieen, hearing on final ae-
count; $. G. +. Cobban vs.. H. L..
Frank. motion for Judgment on plead
ings; Bennett Bros. Co. vs.. George $.
Congdon ct al, motion to retax costs
Cora +. Ramsay vs.. i. III. Burns ct al.
demurrer to amended complaint; j. j.
Lynch vs.. Dan TeWey demurrer: W.
A. Clark q Bro. vs. Grand Opera
House company, demurrer of King
(two), motion 10 strike; William Will
son ". City of Walkerville, motion 10
make complaint more definite: Chester
Steel Casting company Us. Butte ~
Boston Mining company, motion for
change of venue; James O. Hill Ns.
James Cassidy ct al. demurrer Of
James and Charlotte Cassidy; State ex
rel, George \. Mcdonald vs.. John
Marsland. J. p: j. Kaufman Ns. A.
Gust, order to show cause; James Il.
Lynch VS. Isaac Bechtel ct al, demur-
rer two, motion to strike; Bitter Root
Development company Us. j. n. era
velle ct al, motion to retax costs: j. j.
York ct al Us. Charles Rausman. mo-
ton for Dismissal: II. Falk Co. Us.
John A. Strohmberg. demurrer.
Department Ii-Auscians Mutual
Protective union Us. Mary Reinhart, adj
ministratrix. motion to set aside de-
fault: state Of Montana vs.. John W.
Coughlin. demurrer. State of Montana
vs.. ID. \. Dickinson, sentence: N. a.
Clark & Bro. IS. Thornt un-Thomas Mef-
camille Co, order 10 show eause i. l..