The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-12
Impossible to Convict Him On a
New Trial.
CASE WILL BE DISMISSED
A Petition Presented for the Purpose of
Regaining Possession of the Mys-
FERROUS Letter in the Neiden-
hofen Estate Case

new trial by the supreme court, will
not be put on trial again. Attorney
A J. Campbell asked Judge Clancy yes
terday afternoon to set the case for
trial, stating that there was 81, 900
cash bond up and the brother of the
defendant. who put up the money.
would like to have the case disposed
of. c. p. Connolly, the chief deputy
county attorney. was present and
stated that the prosecuting witness.
Mrs. Wilson, was now in Spokane. He
had. informed her that if the case
should be reversed by the supreme
court he would not try 1t again, as he
did not believe conviction could be
secured. The only evidence on which
he was convicted at the former trial
was that which was declared improper
by the supreme court. Mr.. Connolly
said that after consulting with Mr..
Stapleton he didn't care to try the case
again unless the court desired him to
do so. The judge suggested that the
case be set down for new trial, in ac-
cordance with the supreme court de-
cision, and that ii be then dismissed.
This proceeding will be taken and Judd
will be formally discharged in a day or
two.
Tsd IDlliHS yesterday Ilieu IN court a
petition for an order to regain possess
sion of the mysterious letter used in
the early proceedings regarding the ad-
ministration of the estate of the late
ii. A. Neidenhofen The letter was
written from Chicago by the deceased on
Nov. 20, 1896, and was addressed to My
Dear Brother Ed" The letter was pre-
sented in court upon the order of Judge
Lindsay and some of the parties inter-
in hn Inf ,.Io Hat IL
in the nature of will. The contents
of the letter We're kept secret and the
letter was entrusted to the personal
keeping of the clerk of the court, with
instructions to keep it from the public.
Mr.. Pottings petition alleges that the
letter is not a will and Is not a part of
the records of the case and that the
petitioner wanted it as keepsake
Emmett Callahan. guardian of the
children of Sabina Hale. deceased, petit
toned the court for an order citing
Mrs. Mary a. Curtis, the administra-
triX. to make an accounting and re-
port to the court SO that the estate
might be distributed. j. j. Cusick also
petitioned the court that Mrs. Curtis,
as administrators of the estate of
Michael r. Flynn, be also required to
make a report Both petitions were set
for hearing Feb. 10.
Judge Lindsay yesterday appointed
w. A. Pennington attorney to represent
Mrs. Jane Laycock, a sister and heir
of the late William Harris. in all mat
tiers pertaining to the Harris estate.
Mrs. Laycock is a resident of Pennsyl-
vania.
The habit which some people indulge
in of leaving teams unhitched on the
streets of Butte received "A setback in
/. of the district court yes
terday. Andrew Rodoni is engaged I'm
the milk business. The driver of his
wagon left his team standing in front
of Campanna's store. on West Park
street, some time ago and forgot to
secure the horses by weight or other
wise. The team took fright and ran
away and into a horse owned by ]. F.
Lesher Lesher's horse was so seri-
ously injured that it died about a
month after the accident. Mr.. Lesher
brought suit against Rodoni for dam
ages and the jury evidently believed
that the practice of leaving teams un-
tied and uncared for should not be en-
and II brought in a verdict
against the defendant for sS5.
The suit of A. ]. Glass against II. G.
justice court appeal
case, was tried before a jury. Some
years ago a real estate agent rented
TO Worthngton a house situated In the
western part of the city, and as the
rent recently was not paid when due.
the landlord brought a suit to obtain
possession of the house and received
judgment for the rent. In his answer
to the complaint. Mr.. Worthington de-
MED that he had rented the house and a
son testified that he himself was the
tenant and not his father. The jury,
after being out a short time, found in
favor of the plaintiff.
:. H. Rogers also obtained a verdict
against +. ". Wynne the former coun-
ty detective. Rogers claimed that
Wynne rented for a friend of his a
the militia room In the
lodging house conducted by Rogers
Wynne claimed he guaranteed only one
weeks rent. The jury evidently be-
ieved otherwise, as 1t gave the plain
tiff verdict for the full amount of his
claim.
The cases Of Josie Friend vs. Anna
Meyer and j. r. Alix VS.. Ed NARROW
were dismissed for want of prosecu-
ton.
The following matters are set for
hearing in Judge Lindsay's department
Of court to-day:
At 10 a. m.-Estate Of jeremiah B
return of citation.
At p. m.-Estate of Joseph Morcom,
petition for letters estate of Patrick
A. Largely petition for letters: estate
IF Harriet s. futile. settlement of ac-
count: estate of John f. Kelly. settle
ment of account .estateof William j.
settlement of account. es-
tate of Margaret Daniels, settlement
IF account: estate OF Burke minors,
petition for letters: estate of William
+. Jordan. return Of sale of real es-
tate estate Of Otis Flanders. settle
nent of account; estate of William j.
Rodgers. return Of citation; estate of
Nolan minors. order to show cause: es-
tate of John Hoslxin. settlement of ac-
count. j. J. Lynch VS.. Dan Tewey de-
murrer. Joseph Turk Furniture COM
pany VS.. McRae * Solveson. motion to
strike: William l.. Hoge ct al VS.
II. Young, motion for judg-
nent on pleadings; John 0Rourke VS..
Mary Schultz. motion for new trial:
Fred Puddington US. j. O'Rourke ct
al. demurrer. $. #. Fitchett VS.. Silver
Bow Meat company. demurrer and mo-
ton 10 strike. Bennett Bros. company
IS. X. u. Tam and :. F. Fitchett in
motion for new trial: W A.
clark & Bro. ". Grand Opera House
company ct al. demurrer To cross com
Jl4iuf and motion ia