The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-09
LORE OF JUSTICE MYERS
He Renders a Decision in an AS
sault Case.
ORIGINAL AND PECULIAR
Clothier Samuels. the Defendant, Calls
the Prosecuting Witness, Mrs. Dag
CERT, a Liar and Was Not
Fined for Contempt.

Missoula. Dec. Stalk about the
| judgments Of Solomon and his keen in
! sight into the cases that came before
( him for trial-they became silly and of
no account when compared with the
/ lore of Justice of the Peace Myers, in
! ard for the township of Hell Gate. and
| when the history of the courts of this
! commonwealth is written in the future
! the decisions of this astute Judge will
rank for originality and popularity
with Solomon's famous decision in re-
gard To the child that was claimed by
| two mothers and the determination Of
the genuine flowers from those that
were painted so naturally that they
baltied the most artistic eye in deciding
which We're the genuine There have
been many cases in the court of JUS
tice Myers that have aroused the won
der and admiration-for their original
ity-of the most learned members Of the
local bar. but there was never one be-
fore that could compare with a de-
cision that this arm of the law rendered
last night.
The case was an interesting one Ac-
cording TO the story of the complaining
witness, Mrs. Daggert. had bought
from Clothier Samuels suit of clothes
for her husband and had agreed to pay
for them on the installment plan at the
rate of 81 per month The suit of clothes
was selected and was laid away till the
full amount should have been paid. The
final payment was made yesterday and
Mrs. Daggert called for the suit Sam
uels was finally forced to admit that
he had sold it. but he said that he had /
another suit that was Just as good"
This he gave to her and she took it |
home. She soon brought it back and |
said that it would not do Her hus-
band is 32-inch man and the suit was
for a 40-inch man. OF course. it would |
not do, but SamuelS could not see il in |
that light and told her that she must /
take it. She refused to take ii and then /
the trouble began.
Take it away" said Samuels.
Il Will not said the purchaser
You are no goot / wish I'd never |
seen YOU. said the clothier
Then, according to the story of the |
complaining witness. which was Veri- /
fled by several Witnesses he pushed her |
out of the store. She says that he also |
struck her in the face with the bundle /
Samuels was at once arrested for as
sault and his case was taken before
Justice of the Peace Myers for trial. At
torney Moser was retained to assist in
the prosecution and Samuels represent
ed himself. After the complaining wit
ness had told her story. A. II. Hay was
called for the state to testify to the
character of the defendant and to tell
what he had seen of the affair in Sam
uels store. Mr.. Hay told what he had
seen, which verified the story of Mrs.
Daggert as to her being pushed out of
the store. He was asked what sort of
man SamuelS was and replied that he
knew him to be abusive to women and
children. He testified that he had
known him to shake his fist in the face
of Mrs. Hay and that the Samuels hand
had also been threateningly displayed
in front of the face of Miss Hay.
tt..NN 10 l. l.
your wife's face" queried Samues
She told me that You did" replied
Mr.. Hay
Yell, she lies" was the retort of
Samuels, acting in the capacity of his
own attorney. And Mr.. Hay did not
punch the clothier's head How do
you know that / shook my fist in your
girls face" came next
she says that you did" was again
the reply
Veil, she lies, too. She would lie SO
keryick as anybody else" was the
was not called down by the court or
properly punched by the witness.
Then Samuels told his story, which
was denial Of any violence on his
part He had simply been anxious to
please his customer and TO induce her
TO take the best suit that he had
Then the sage justice of the peace
cleared his judicial throat and pro-
aeeded TO render his judicial opinion of
The cause. From his opening remarks
Il vas evident that he realized that
oamuels ought to have about 30 days,
out as he proceeded 10 deliver his
opinion, which was not a written one
ne ran into an open switch and be-
ore he knew what he was doing he had
acquitted the defendant. but had re-
rained, fortunately from taxing the
'osts of the prosecuting witness. The
opinion was not a very long one, but /
[ was dandy. ,
This court said the justice of the ,
1eace, in his peculiar manner. lis Of the
opinion that the prosecuting witness
las told the truth. This court does not
)elieye that she would come into this !
curt and tell a lie. This court is :
therefore, bound 10 believe what she
las said as 10 the facts in this case
But there is a principle of law that
'equires in such cases that in order to
establish its case, the state must pre-
cent "A preponderance of evidence In
his case there has been one important
Witness for the state and one import
mt witness for the defense. The state
therefore,. has presented no preponder-
Inee of evidence and has failed there
ore to establish its case. | Will there
ore. discharge the defendant but | will
lot tax the costs To the complaining
witness
And SO ended a case which viii rank.
Ven in this town of queer cases. as a
most peculiar one.