The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-26
IN THE DISTRICT COURT
Another Prosecuting Witness
Has Disappeared.
IN THE PHIL CARR CASE
It IL Probable hat b Prisoner Will Be
D:scharged-An Information to Be
Filed Against George w. Mich
olson for Murder.

Another prosecuting witness has dis
appeared from the county attorney
and II Is likely that the state case
against the notorious Phil Carr will
have to be dismissed. Carr this time
is charged with receiving stolen prop
erty and is out on bail. Several months
ago the cabin OF Elias Mooney. near the
cemetery. was burglarized. and a lot
OF property. including a watch and
chain. was stolen. The chain was sub
sequently found in the possession OF
Carr and he was arrested. The case
had been set for trial yesterday. but
was. on application OF the defendant.
continued until next Tuesday. Later
the county attorney informed the court
that the prosecuting witness had
left the state and was now living in
Missouri. so that IL will be impossible
for the state to go to trial. and the case
will have to be dismissed.
The county attorney will to-day file
an Information against George w.
Nicholson, charging him with murder
in the first degree. Nicholson shot and
killed James Wilson on the 10th of last
mont while Wilson was trying to
break into a woman's house. the wo-
- tt6
protection.
The case of the state against Charles
Jones. charged with receiving stolen
property, was continued until next
Monday for trial.
The following matters are set for
hearing In Judge Lindsay's court to-
day:
Estate of p. A. Largey. petition Of
Sophia Swain; estate of A. j. Davis.
settlement of account and objection;
estate of James w. Frost, settlement OF
account: estate of John O'Shea, settle
ment OF and distribution. es-
tate. OF Adolph Schwade, petition for
letters: estate Of Joseph T. Miller. set
Element OF account n distribution;
estate of Mary Kempey. petition for let
tiers: estate of Helmer Winberg, in
sane. return of sale Of real estate;
Mary Morton vs.. Cornelius Morton,
plaintiffs proofs; Samson Beers VS.. l..
Liennemann ct al. motion for a new
trial: Charles +. Dickerman VS.. j. II.
Mccarthy. city treasurer. order to show
cause; w. G.. Pfouts VS.. John SENEGAL,
plaintiffs proofs: John j. Lynch VS..
John A. O'Connor. motion to adopt re-
port of referee; Tim J.. O'Shea VS.. p. II.
Regan ct al, demurrer of Regan, Bray
ct al: Bennett Bros. Co. vs.. r. +.
Congdon ct al, settlement of statement
and bill of exceptions; l.. w. Belveal
vs.. Alex Thorn. motion to dismiss APP
peal; p. j. Brophy VS.. Pat Downey ct
al, motion for a new trial; Margaret
A. Robinson vs.. Ellen Walker. plaint-
iff's proofs; Benjamin Baker VS.. Butte
City Wafer Co., demurrer.
In Judge Clancy's department the
following matters are on the motion
calendar for hearing to-day:
napial He rrfn0fnn NS phil Har-
rington, motion TO strike; Anaconda
Mining Co. VS.. ii. l.. Frank ct al, de-
murrer: Fannie Matursevietz va =. j.
Reynolds. motion for a new trial; c.
f.. Dickerman vs.. Thomas X. Kinds.
treasurer, order to show cause; A. u.
Dahl VS.. Lizzie Alverson. plaintiffs
proofs: the state OF Montana VS.. c.. r.
Shadwell. motion for new trial: Han
nah Robinson VS.. Charles Robinson,
plaintiffs proofs; Cobban l.. q r. Co.
VS.. Laura Il. Slough, default n
plaintiffs proofs.
The Montana Electric company yes
terday brought suit against Felix Syl-
vain for s22. sc and to foreclose a lien
on a house in the Boulevard addition.
The Black Piacer-Blue Dick Mining
case was on trial all day yesterday I'm
Judge Lindsay's court At the opening
OF court yesterday morning the defend
ants made an attempt to have the
Judge review his decision admitting In
evidence the decision OF the secretary
Of the Interior to the effect that there
was no valuable quartz o known to
exist In the ground at the time the
placer patent was issued. A motion was
made to strike out all testimony re-
lating to II and another long argument
followed. The motion, however. was
overruled. and the court declined TO re-
| view its ruling. The trial a not been
| concluded when court adjourned and
will be resumed this morning.
Judge Lindsay will not call his calen-
dar TODAY. hut will rearrange the