The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-25
Judge Lindsay Grants a Motion
for q Non-Suit.
1T WAS SOME OTHER HORSE
The Plaintiff Should Have Proved Many
Things Which Were Not Proven.
Failed Signally to Make
Out a Case.

49, 1est@ IN -
verdict for the d%efendan given under
instruction of the court. A motion for
q non-suit had been interposed at the
conclusion OF the plaintiffs case. but
was overruled by the court. who said.
in doing so. he was seriously i'm doubt
about the propriety of allowing the case
TO go to the jury on the evidence ad-
duced and would give the matter fur
ther consideration at the close of the
testimony. The defense then went on
n introduced a lot of evidence to
show that the horse that kicked the
Benet boy could not have been Evans
horse. as the latter was at home I'm the
stable at the time. At the conclusion
OF the testimony the defendants attor-
ney made another motion that the jury
be instructed To find "A verdict for
Evan for the costs. which was done.
The judge said il was incumbent
upon the plaintiff To prove any things
that had not been proven. TIL court
had been inclined to sustain the motion
for a non-suit. but considerd il prob
able that additional evidence might be
adduced To justify a submission of the
case to the jury for inal determine
ton. but such evidence was not pre-
scented and the plaintiff failed ~signally
IN making out a case sufficient to go to
the jury and there was nothing for the
jury to consider. Another suit of Clara
Sweet. mother of the Benet boy. against
Evans. growing out of the same matter,
was then dismissed as settled on motion
of the plaintiffs attorney.
A suit of Mollie Withers against
Simeon V. Kemper and T.. Il. Howell
was next taken up for trial. The action
is to recover on "a 81 900 note secured by
a mortgage on a lot in the Lawlor n
kemper addition. kemper claimed he
had paid the note to Mrs. Withers' hus-
band during his life time and that he
had simply neglected To cancel the
mortgage. The note was produced at
the trial. l.. IL. Howell was named as
defendant because he had purchased
the lot subsequent to the mortgage
from Mr.. Kemper. The trial had not
been concluded when court adjourned
for the day.
Judge Lindsay yesterday heard the
plaintiffs proofs i'm the divorce ease of
Bridget Magill against William Magill.
and she was granted a decree. the Gus
tody of the two children. the home i'm
Meaderville for their use. and $50 a
month permanent alimony. Mrs. Ma
gill testified that for years he had
abused her and frequently kicked and
beat her and accused her of ~unchastity,
Last December he drove her from the
house with a butcher knife and she had
to take refuge with her sister. Since
men hS tdllt Oh ntT ana lDfeat- !
ened to Kill her and the children. She
said her parents were i'm Idaho. Her
testimony was corroborated by Fred
Finnegan. her brother-in-law.
John Il. Welcome. attorney for the
street railway company, Yesterday filed
in court an affidav asking foI a con-
tinuance of the trial of the damage suit
OF Joseph q. Nelson. a motorman. who
lost a leg at the tim OF the runaway of
an ore car on the Montana street line
several years ago. The affidavit asks
Tor a postponement of the trial on ac-
count OF the absence of a material wit
ness, and sets up the allegation that
the company denies that Nelson was
employed by IL at the time of the ac-
cident. or that the was the
owner OF the car which caused the ac-
cident. IL lis claimed that the car was
being experimental upon. having been
previously offered for sale To the de-
PENDANT and Nelson was specially en-
ployed by the company to MAKE trial
trips and he assumed all risks. know
ing that the defects existed in the ear
and appliances. IL any did exist. The
absent witness Is j. :. Mathey, super
end of the railway who
is at present i'm California. 1t is al
legged that Mathey would testify that
on the day the accident occurred he
was In the employ of the and
thdh a wv hdNS pTltf 10 tnat time the |
company received from the Gates Iron
works OF Chicago several ore cars that
were put on trial to see If the brakes
were sufficient to hold the cars on the
grades, and Nelson was selected To take
charge OF one of the cars on the trial
trip from the Gagnon mine TO the Col
orado smeiter. He knew all the facts
when he went on the car. and on his
own responsibility assumed to change
the arrangement of one of the rods
governing the brake beams. He ran
the car without orders from any one.
of his own will. and started the
car on its course down the grade and
lost control of il. The case had been
set for trial yesterday. but on the
howin made was continued by Judge
Lindsay for one week.
John Wanhala. a native Of Finland.
was an applicant for naturalization be-
fore Judge Lindsay yesterday. The
judge ske him IL he was not the same
who had applied on February
2 to the judge of department No. . 10
be admitted to citizenship. He an
swered he was the same person. and
he had been refused. Judge
Lindsay stated that he would not in
terfere with the order made by Judge
Clancy. and declined to entertain the
Patrick Kelly. Andrew Rossett and
J. Donnelly were admitted to cit
fsenship by Judge Lindsay yesterday
morning.
Annie Coughlin. through her attor-
ney. George II. Dygert. yesterday
suit in the district court
against Thomas Coughlin for divorce.
b relates that they were married in
Butte pm Tune 10. 1896. and says that
Tor more than q year the defendant has
contributed nothing toward her sup
port. and has compelled her to live on
he charity of friends. She also
.harges fntemperance. n asks for the
.ustody of their only child. an infant
yfrf.