The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-20
In THE DISTRICT COURT
The Appeal Case of DR.. Edward
A. Brooke Submitted.
FEES IN INSANITY CASES
The County Auditor Refused DR.. Brooke's
Claim-Taken Under Amusement.
The Mysterious Letter Re-
turned to Mr.. Plotting.

Brooke was argued before Judge Lind
say Yesterday on an agreed statement
of facts. DR. Brooke, while acting as
county physician, was called TO exam
inc into great number of insanity
cases and testify at their trials. The
law does not provide for the payment
of witness fees in insanity cases, but
allows a fee to the examining physI-
clans. The county auditor refused Dr.
Brookes claim for fees on the ground
that the doctor was a witness. Mr.
Brooke took an appeal to the district
court, and the matter was submitted to
Judge Lindsay on an agreed statement.
Attorney Clinton, who represented
DR.. Brooke, argued that under proper
construction OF the law, all doctors at
tending on insanity cases were entitled
to fees. The court took the matter UNI
der advsement.
In the Niedenhofen estate. the petit
ton Of Ed. Plotting. for return of the
mysterious letter which has figured in
the case. was argued, but there was no
great opposition to il, and Judge Lind
say said he knew of no reason why II
should not be returned To Mr.. Plotting,
and ordered the clerk tn do So
In the matter of the estate of W., f.
Jordan, deceased. "A petition for an
order to resell the property was heard
and granted. David Meiklejohn, the
administrator, testified that the prop
erty, If put up for sale again, would
bring a price more nearly equal to its
value half interest in the Scottish
Chief lode claim had been sold to VIII
l.. Clark for 5000, but the Cobban Real
~ company afterwards made bid of
$50 more in court. The property will
now be sold over again.
A motion for a new trial in the case
of John q. Currie against the Montana
Central Railway company, was argued
yesterday afternoon by M. ID. Ieehey
for the plaintiff and A. j. Shores for
the defendant. The matter involved in
the suit is piece Of ground at Meader-
VILE in which currie had owned an in
terest but which the railroad company
had for years occupied exclusively. In
his affidavit in support of the motion
for new trial, Mr.. Leehey said he had
been taken by surprise, as he had un-
derstood the defendant would introduce
certain evidence which he had failed To
do. In replying, Mr.. Shores said he did
not understand that any obligation
rested on counsel for the defense to
assist counsel for plaintiff in proving
up case of co-tenancy between the
plaintiff and defendant as eontended
for by Mr.. Leehey. Mr.. Shores also
claimed that that was a point not at
issue as Currie in his complaint alleged
"a complete custer.
The court oyerruled the motion for
| new trial.
| For the first time III the district court,
an attorney yesterday demanded the
enforcement of the statute regarding
| the payment of $40 by the losing party,
where a demurrer is overruled or sus-
! tanned. The matter came up in the
case of James c. Dawkins against
/ George McGregor and others. The de-
PENDANTS demurrer was overruled and
/ Miles Cayanaugh asked that the $40
penalty be assessed on the defendant
and ordered paid to the plaintiff. The
defendants attorney protested but
Judge Lindsay said he had no discre-
| ton in the matter and the order was
/ made.
Emma Kuhwart and others yesterday
commenced suit against County Treas
urer Kinds To have the court set aside
a sale of Ii lots in the Clark addition.
| which nave been sold for delinquent
taxes 1t is alleged that the ground is
] used for mining purposes only, but was
/ taxed as city lots and sold for the tax.
James Sehackleton brought suit
against Ed keefe and others for $s45
and to foreclose a lien on the premises
at No. - East Gagnon street. !.
Alice Roach brought suit against S.
/ II. Treloar and others To recover pos
| session of As 800 pounds of copper ore
valued at $500 which the defendants
are alleged To have unlawfully taken
ON Wednesday.
The order 10 show cause in the di-
| xorce case of George {. Leford was
! continued for hearing until next Satur-
day.
Laura Zeigler yesterday brought suit
for divorce against Henry Zegler. te
| Whom She was married in Butte or
Nov. 4. 1924. She charges cruelty con
sisting of accusations of unchastity.
Judge Lindsay yesterday set the fol-
lowing cases for trial in his department
OF court.
Feb. 2S-James Tighe VS.. d. H. Steele
| > Y. kempef vs.. Frank Carter.
March Il c. Malone VS.. Isaac
l5echtel; Samuel Dodge VS.. Parrot
Silver Il Copper company: Louie Sea.
cord VS.. Joseph Grenon; NJ. A. Lyon.
vs. W. IL. Chambers.
March Ben Degenhart vs. j. II
Morong. j. IL. McDonough rs. Ma,
Hannah et al; j. +. PAYER vs.. Mrs
Martha Hopkins; Mac Thompson VS.
Timothy Loune.
March tx. d. Tam VS. William
Winters Ct al. John Mccormick vs.
city Of Butte; Carl J. Smith vs.. join
Weleh Ell al
March 4-Adeiia Allston VS. NJ Il
Supple, j. L. Payer vs.. William Dun
nigan: Joe BERT VS.. George A. Clark
j. Collier vs.. i. Fred Loeber; NJ Tuercl
Ns. George A. Cobhan.
Two-bit shoe dressing 10 cents at IN
shoe sale, . West Park