The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-17
THE DISTRICT COURT
Selection of a Trial Jury in De-
partment II.
A WATER COMPANY CASE
The Cour Ordered Attorney Welcome
to Sit Down-The Suit Is for
Damages for an Alleged
Trespass.

In Department H.. Judge Clancy. the
the ~impaneling of the trial jury for the
term. The venire as returned contained
81 names. and after the usual excuses
had been made the following were ac-
cepted: Milton Hoover. James Lugg,
Clinton II. Moore. William Stolte. Mich
ael Ward. j. Waters. J. NJ. Riley.
Charles w. Gideon. Terry Lonon. Ed
Sweeney, l.. Winterhalter John Combs.
James Bret. A. Binzzetta. l.. j. Brophy,
Amos Booth. George Gum. :. w.
Graves, q. a. Mcdonald. Con u. Sui
Ivan. Thomas Thoushord, W W. Walls
worth. Dan Cohen. John l.. Carroll.
John j. Harrington. j. w Elliot. Pat
rick Mcdonnell. a. D.. Schmidt. +. III.
Tonchkin. Thomas Walker. 4. b. Sulli-
van. Phil II. Bryor. :. II. .Almon. T.. j.
Bretherton and Thomas 4. Newton.
During the afternoon the time was oc-
cupied i'm the hearing Of the case of
James Lambc and Duncan McRae ".
the Butte City Water company. w j.
Nsushten and j. a. Hcaly appeared for
plaintiffs and John IL. Welcome for de-
PENDANTS. At the opening OF the case
plaintiffs entered a motion To strike
out the answer of defendant that had
been verified by Attorney Welcome be-
cause of insufficiency. The motion was
argued by council on both sides and
was denied by the court.
Mr.. Welcome. on behalf Of the de-
PENDANT. was proceeding to explain a
point OF law that would be raised by
his side during the progress Of The trial,
but was interrupted by the court and
ordered to sit down.
Mr.. Healy then read the pleadings
and made a brief statement. after which
he took the stand and testified.
The suit is for damages for an al
legged trespass upon the ground of tht
plaintiffs by the water company, the
ground i'm question being the Iowa and
Red Cloud claims over a portion oil
which the flume of the is built
From the testimony Of Plaintiff Lambe
IT appears hat the claims were old To-
cations and had been relocated by then
in 1894 and considerable assessment
work done. They also allege that i'm ad
dition to the damage done by building
the nume there was considerable timbel
cut on the claims. II was also testitie,
that after the fiume had been built 1
demand had been made upon Mr.. Car
roll of the water company for $500 b,
way of compromise, and a subsequen
proposition had been made to accept 1
monthly rental Of $50 per month.
Duncan McRae testified that durini
the years 1894. 1895. 1896 and 1897 Their
had been assessment and other worl
done on the two claims. During 1925 h.
had transferred an interest To John Nc
Rae. The witness then related tina
when he had been informed that tn
ditch was being built he went To tn
ground and saw that the work wa
being done. Later he called on MI
Carroll and demanded a settlement. MI
Carroll offered him $50. which he re
fused to accept. Mr.. Carroll then toll
him that if he did not take the $50 h
would not get a d-n cent; that h
would send appraisers out there ant
have the ground condemned.
James Mcdonald. a miner, testiii'
that he had had a bond on the mine
for $40. 900 and had done about $40 {
$500 worth Of work ON them. t." cen
sidered the value of The mines ab"tl
equal to the bond.
T.. J. Mcintyre testified that ~ h.
held an interest IN a lease a2i bond 4"
the Red Cloud for so, 1000. ~ {; h" ~
sidered the prospect was a x d prs
pect. He had done some VIC X on III
mine or had had ii done 'ts 81 sc
the case for plaintiff AID court 20
journed.
In the case of the city of Butte v
Marcus DAILY ct al, condemndt'' IT.
ceedings for the opening II "a stree
from East broadway to Park, jaime
Doolan, one of the d~efcndIn ;. " Il
day filed notice Of an ap'fu nom -
award Of the commissioners.
In the matter " n est1'" NJ an
Wrath. deceased, J. D.. Slemons. \.
Morgan and W. :. Cobban were nj
pointed appraisers.
In the suit Of Fannie Matusevitz VI
:. ]. REYNOLDS. a memorandum of cost
in the supreme court was filed 10y IN
defendant. The amount IL SIS.
In the suit of u. :. Vernon VI. Ii. I
Oyerton. a stipulation was filed dismiss
ing the suit without prejudice.