The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-28
Murphy Thinks He 10 Illegally
Confined.
A HABEAS CORPUS WRIT
He Ii the Brute Who Scalded His Wife's
Arm to Such an Extent That II
Had to Be Amputated-The
Opera House Case.

ASA ~ ss> ~
to be amputated. has conceived the idea
hat he is held in Jail illegally. or rath-
or. his lawyer thinks he has discovered
that, and yesterday he filed in Judge
Clancy's court a petition for a writ OF
habeas corpus. Murphy was arrested
on a charge of assault in the second de-
gree. on which he had a preliminary
hearing before Justice of the Peace
Laurandeau on the 4th of the present
month, I'M was bound over to the dis
trict court. In his petition for a writ
he alleges that there was no evidence
under the Law to show that he was
guilty Of the alleged crime. or that
there was probable or reasonable cause
for holding him to the district court.
Judge Clancy set the matter for hear
ing at 2 o'clock this afternoon.
A suit of John O'Rourke against the
Grand Opera House company, NJ. j.
Cornell and w. r. Kenyon was on
trial yesterday before Judge Clancy,
sitting without a Jury. O'Rourke. while
president OF the opera house company.
advanced various sums of none for
the company, a~ggregating $5S5, and on
October 10, 1896, the trustees allowed the
claim. but 1t has never been paid. Sub
sequently a majority of the stock was
purchased by James A. Murray. and the
account was disputed. At h trial
yesterday evidence was introduced to
prove the recount to be correct, and
tina the company received the benefit of
il. At the conclusion of the plaintiffs
case Lawyer O'Donnell, attorney for
the company as IL Is now constituted.
moved for a n%on-suit, and argued the
matter and quoted all kinds of corpora
ton law until the court shut him off.
and coid frrrfhar arCr1,nanfS would ha
heard ext Saturday. Colonel Callahan
and j. o. Bender are attorneys for Mr..
O'Rourke.
In Judge Lindsay's court yesterday a
suit of George r. Newell & Co. of Min
neapolis against Mrs. l.. A. Bartlett
and others was on trial, blu end
ed in the court sustaining a motion
for a non-suit at the conclusion of the
plaintiffs testimony. Mrs. Bartlett
was running a millinery business in
Butte, and bought a big stock of goods
from the Minneapolis Arm, n a few
days after receiving 1t she failed. and
a number of Butte creditors closed in
on her. The Minneapolis Arm alleged
that she obtained the goods by misrep-
resentation, fraud and deceit, and that
she was insolvent at the time she or
dered the stuff. The firm sued to re-
cover the goods or their value, placed
at $244. The non-suit was sustained
because the plaintiff failed to prove in
solvency at the time the goods were
ordered.
Philip p. Leonard was given a verdict
In Judge Lindsay's court yesterday
against the city of Butte for 81, 500 dam
ages IN account Of injuries he received
by falling on a sidewalk i'm front Of
Mullins store, on Main street. h
| case was submitted to the jury at about
1n.nn &~1
after being out about about an hour
they returned a verdict for the plaintiff
as stated. Leonard had sued for S5,-
| 900.
Flora II. Greene yesterday COM
menced suit for divorce against her
husband, Marshall S. Greene, on the
| ground Of non-support. The complaint
in the case recites that they were mar
ried at st. Joseph. Mo-, on September
IL, 1875, and that during the past two
| years the defendant has contributed
nothing to the PLAINTIFFS support be-
| cause of his idleness, profigacy and dis
| sipation. She asks TO. be restored to
her maiden name, Flora II. Fennimore.
In Judge Lindsay's court the follow
ing matters will be heard this after
noon: Estate Of Annie Pooler. petition
for letters: estate of George Pooler, pc
L III " $500 VI '
and Calder Pooler. adoption; estate OF
william Harris, settlement of account:
estate of w. s. Nash, order to show
cause: estate of Ray H. Haskins, petit
| tion for letters; estate OF Ray II. Has
kins, resignation of administrators: es-
tate of Patrick O'Shea, settlement OF
account: estate of A. ]. Marchand. sci
Element of account; estate of Sarah f.
Nichols, petition for letters; estate of
Charles st. German, hearing applica-
ton to sell personal property; Margaret
A. Robinson VS.. Ellen Walker. order TO
show cause; Sampson Beer VS.. l.. Lien
emann, motion to retax costs; Frank
Cooney VS.. the city of Butte, order to
show cause; f. T. Brookman VS.. Mon
tana Liquor company. motion to dis
miss: City of Butte VS.. L.. Z. Cook et
al. demurrer; Frank Cooney VS.. city OF
Butte ct al, motion to file supplemental
complaint; william Lavel VS.. James
w. Kemper, motion for leave to file
amended complaint; w. A. Clark 4
Bro. VS.. Grand Opera HOUSE company
motion to file supplemental complaint.
The following matters are on Judge
Clancy's calendar for hearing this
morning: State OF Montana VS.. A
Ford, arraignment: in re application OF
Charles Charlton for a hearing on peti'
ton for writ of habeas corpus: Matilda
Gooch VS.. John Gooch. plaintiffs proofs
C.. A. Piumley VS.. Mary E. Piumiey
motion for alimony; r. NJ. Boyer VS.
Charlotte Cassidy ct al, motion fol
Judgment on pleadings; state Of Mon
tana VS.. George Baum. motion to re
tax costs: H. j. B1ume VS.. William r
McAllister, motion to number and sepa
rate causes of action.
The cases Of A. +. Monroe agains
w. d. Flowers N others. and Add
Kermade against Oliver N. Perry ant
others were dismissed in Judge Lind
says court yesterday, the former with
out prejudice. n the latter by stipu
lation as settled.
Great Northern Railway Co.. ~leavlni
Rutte at e:35 every morning. now make