The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-13
Jurors Excused, but Will Still
Draw Their Pay.
THEY REGISTER A KICK
Objections in the Neidenhofen Case Over
ruled With the Exception of One.
Proofs Heard in the Dulin Di-
vorce-A Decree Granted

tile t1tN III receive InRlf
usual per diem. A committee. headed
by Andrew GUILTY. called on MIR. Clark.
clerk of the courts. and registered a
kick and stated that the judge had laid
the blame on the clerk for the fact that
attention had been called to the law
which said jurors should be paid only
for the time actually engaged in court
Mr.. Clark said he recognized that it
was a hardship on the jurors. but the
law was so plain that he could not ig-
more it. He told the jurors that he was
elected to do his duty according to law,
and he did not believe that any one of
the jurors wished him to violate ii and
lay himself liable. He believed the law
was severe on men who We're forced to
leave their work and serve on juries
for less pay, but he also believed in
obeying it as long as ii was the law
The Jurors left him in very bad state
of mind.
Judge Lindsay yesterday made de-
eision on the objections of Catherine
Niedenhofen made TO the account filed
in the estate of the late III. A. Nieden-
hofen by the Administrative, Mrs. May
Niedenhofen. The objections We're ali
overruled except the one filed to the al
lowance of the following items claimed
by the administrators to be legal
charges against the estate; viz, $4S ex-
pended by the Administrative for
mourning, the bill of Courtney, Case &
GfaVelle company for dress goods and
other sundries supplied to the admins
tnatrix, for 1913 10, and the bill of b. Il.
Calkins for stationery. 81. The court
held that the money so expended was
a personal Indebtedness of the admin
istratrix and not properly a claim
against the estate. The court also re-
fuses to set aside for the use and bene-
tit of the administrators diamond rings,
Masonic emblems, a watch and chain.
belonging to the deceased.
Other personal property consisting
largely of wearing apparel, was ordered
set aside for the use and benefit of the
administrative, the same not being ex-
empt from execution With the fnrego-
ing exceptions the account rendered by
the administrators was allowed and
settled. The Administrative was also
authorized and directed to pay the
claims against the estate referred to in
her account.
Judge Clancy yesterday heard the
plaintiffs proofs in the divorce case of
Mary Dulin against Fred Dulin and
decree was ordered. The evidence was
that the parties We're married in Roger
Russia, in 1891, and that the defendant
deserted his wife and children in Chi
cago several years ago.
Thomas Mulholland filed an appeal
from the order of the county commits
sioners disallowing his claims of fees
as ex-officio constable from May to
October, 1897.
In the case of James MacFarlane
against John Gillie n suit on a 81 900
bet, the plaintiff filed a motion yes
terday to sever the action and allow
him to take his $500 ON the admissions
of the defendant and permit him to
continue the suit for the other $50.
Judge Lindsay yesterday appointed
Mrs. Lulu F. Largey administrative of
the estate of the late Patrick A. Lar
gey and fixed her bonds at the sum Of
s245. 900.
The trial of the case of Carney &
Wright against j. H. Steele, a suit for
SfO.05 for plumbing in the Clarendon
building. which was continued from
Friday, was concluded in Judge Lind
says court yesterday morning and the
jury gave the plaintiff a verdict for the
amount sued for.
Judge Lindsay called his trial calen-
dar and set the following cases for
trial:
Feb. 2l-T G. Heine VS.. T. ]. Lynde:
Nj. c. Holland Us. August C. Meyer
Feb. 23-Norah Burke, administra-
trix, VS.. Charles c. Rueger. John Van
Horn VS.. Thomas Lavelle; J. C. Horne
VS.. Peter McDermott; Peter Martin VS.
Joseph II. Morony
Feb. 24-W. M Whelan VS. Charles
f. Stephens; p. J. Brophy VS.. James
M. irwin: George G. English VS.. r II.
updegraff; IL. j. Gassner VS.. j. Dolan,
ct al
Feb. 25-sohe Satire vs.. S. F. Fitch
EFT: NJ. p. Trugeon VS.. Mary jenkins:
J. Y. Wade VS.. George w. Cooper.
Samuel Mix VS., J. II. Free.
Feb. go. J. Workman VS.. r. Kinds.
ct al; A. c. Newill, ct al. VS.. Butte
General Electric company, j. r. Reed
vs.. William II. Wix.
Letters of administration We're or
dered issued to Lulu #. Largely. admin
istratrix Of the estate of p. A. Largey,
upon her filing a s245. 900 bond Mrs
Largey testified that she knew nothing
about the value of the personal prop
erty left by her husband Will L.
Clark sWore that he had for several
years been in Largeys employ as clerk
and that as nearly as he could figure
1t, the estate. outside of real estate
was worth between s122, 900 and s123. 900
Of that sum 900 was money and the
balance bank and mining stocks
Judge Lindsay sustained the objec-
tions filed by Ed O'Donnel TO the al
lowance of the annual account of John
A Cannon, administrator of the estate
of John 0'Donnel.
In the case of Bennett Bros vs. e. t.
'oiiSdbi1, li1e court sustained the nlO-
ton to relax the costs and ordered the
plaintiffs bill of costs on appeal cut
down from s1S2.s so To s50sf. The con-
fention was over the payment of
the stenographer's fees for preparing
transcript. and the judge held that
If more than the legal fee was paid. it
could not be recovered from the de-
PENDANT by the plaintiff
Some time ago demurrer was ar
gued and submitted to the court in the
case of James II. Lynch against Isaac
Bechtel. The demurrer set up that the
answer, which pleaded a former iudg-
ment. was not a sufficient defense The
suit was brought by Lynch to recover
rent of a building near the Clarence
house. in East Park street Judge
Lindsay held that If the allegations
contained in the answer To the effect
that the matter had formerly been
adjudicated We're true. the defense was
sufficient motion to strike in tn
case was sustained.
A second motion to dismiss the APP