The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-15
ANACONDA news.
IN THE DISTRICT COURT
Large Amount Of Routine Bust
ness Transacted.
THE TRIAL JURY vENIRE
Three Were Excused Upon Examination
me Case OF the State w.
James 0iivray Taken
Up.

ing Win al omcers OF the COURT pres
ent.
In. the case Of John Fitzpatrick VS..
Gregor Schwend ct al the demurrer was
o~verruled and the defendants were
given ten days in which to answer or
20 otherwise plead.
The demurrer in the case of Otillia
Shey VS.. H. w. Stephens was overruled
by h courts after listening to argu-
ments.
h case OF Cooney Bros. VS.. NJ. j.
Murphy was reset for Dec. 3 at $40 a..
m. as was also the case of the Davidson
Grocery company vs.. NJ. J. Murphy.
In the case of Ike b. Sheldon VS..
Henry A. II. Miller. motion for judg-
ment on ~pleadings was set for hearing
Nov. q at $3.50.
= A motion to dismiss was sustained
and judgment ordered for the defend
ant for costs in the case of Henry Mus
todler VS.. James A. Hyde.
In the case of James McGiIvray VS..
Denis Dana. the cause was dismissed
without prejudice as was that of Bau-
dette Bros. VS.. Standard Drug
The case of Mckee & O'Neil VS.. +. Free
goli ct al was stricken from the calen-
a .
The following cases were set for trial:
standard Drug company VS.. Ed.
sweeney ct al. Nov. 20, $3.50 a. M;
Cecile Raston VS.. w. A. Hufty, Nov.
20, $3.50 a. m: H.. p. Leck VS.. Frank
Strickfadden. Nov. 10. $3.50 a. m: II.
p. Leck ct al. VS.. II. b. Peckham ct al,
Nov. 10, 2 p. m: James Holgate VS..
Annie Holgate. Nov. n. $3.50 a. m.
The trial jury venise was returned
served as follows: James l.. Singleton,
r. N. Covert, Patrick Trodden. C.. r.
Nelson Jnhn u Haatnn ~ w Era.,h
Peter Dometrovich. w. ii. whitehill,
George PARROT. Erich Engman. John
Kerrig, John Lye. Con O'Donnell, James
5. PARROT. Pat Brown. John Roach,
Myron Curn, G.. G. WEIGH, X. L. Davis,
James Mallory. James Geary, VIM. Dix,
w. p. Avery. DANIEL Dunnigan. w. /.
Elliot. r.. @. Ferrill. Andrew Peterson.
James w. johnson. The court excused
the following: j.. l.. Singleton, Peter
Dometrovich and c. F.. Isaccson.
In the afternoon the case of the State
VS.. McGilvray was taken up, w. Il.
Rodgers appearing for the defendant
and County Attorney Trippelt for the
State. A jury was drawn as follows:
James s. Barrett. G.. +. Nelson, f.
N. Covert. Con O'Donnell. Erick Eng
man. George Parrot, VIM. A. Dilks.
r.. @. Ferrill. c. w. French Patrick
Trodden, Andrew Peterson, James
Mallory, a sg-t- 4r~Fs 60. FOL
+ McGilvray is charged with assault in
second degree. on the record of last
August the county attorney filed IN in
formation i'm the district court charging
McGilvray with ~assaulting Dennis
Dane on the 18th of July previous, beat
ing n wounding him. McGilvrsy and
Dana are ~neighbors.
On the threat of the cause il appeared
that there had been some trouble be-
tween the parties relating to a small
tract of land to which each claimed the
right of possession. The lan in dis
pute was located by Dana as a mining
claim in 1892 and he has resided upon it
almost continuously since that time. In
1898, McGilvray located a homestead
claim and included the land in contro-
versy in his homestead entry. In 1897
McGilvray enclosed a part of this land
with a fence In the meantime a con-
test had been instituted in the land Of
flee and the land vas held to be nom
mineral in character. Dana still lived
on the LAND m made claim to ii as a
mineral claim.
Last summer, July 30. McGilvray was
cutting hay on the Ian within the en-
closure which he had erected. Dana
went on to the part enclosed to warn
McGilyray away. Dana testified that all
he Intended to do was to tell McGilvray
TO get OF Of the land and that McGil-
NTdy lmfutuidtely stTuch nlH III the
face when he lost consciousness and did
not remember any more until he u
himself In his own cabin about 20 rods
away. McGilvray's hired man was
present at the time of the trouble and
testified by deposition in the case. His
testimony was that Dana came up
somewhat ruffied with a small stick In
his hand and ordered them of and that
when he had his arms extended Nc
Givray knocked him own n struck
him two or three times.
The defendant testified to the effect
effect that he was protecting his po-
sessions when he struck Dana Other
testimony was given relative to the case
at various points. The evidence was
closed yesterday evening and the case
will be argued and sent to the jury
this morning.
T.. Tirinell or Mammoth Hot Springs
is visiting friends in Anaconda.
Mr.. and Mrs. j. 3. Dougherty, Miss
May Dougherty and James Dowell sr..
left last evening for Mammoth Hot
Springs.