The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-10
MIDNIGHT BILL OF SALE
After-Dark Transaction Which
Causes q Deal of Commotion.
WOMAN'S SAD EXPERIENCE
Bed Taken From Under Her and
Her Furniture Seized Under an At
tachment h Last Loaf OF
Bread Goes With the Rest.

HI case in which Mrs. Dora Reith
sued Justice of the Peace w. F. Kirk
wood of Meaderville and his special
constable. s. A. Howell. for damages
for his treatment of the plaintiff in at
tachment proceedings during July, and
which has been the subject of much
unfavorable criticism of Howell. was
tried yesterday before Justice Laursn-
deau. resulting in a decision for the de-
PENDANTS.
Mrs. Reith conducted an eating house
in South Arizona street In a building
rented from W. II. Benham. The latter
gave the account for his rent to one
Spinner, who begun attachment pro-
ceedings i'm Justice K~irkwood's court
to recover the rent, n on the night
of the 10th of July, Special Constable
Howell levied the attachment. 1t was
alleged that he made Mrs. Reith get
up out OF bed at IL o'clock at night,
and took her bed and everything else
in the house and left her with her in
valid son to sleep on the floor. 1t was
further alleged that he forced Mrs.
Reith to sign a bill of sale for the
property and sold ii for s., what was
worth much more than hat.
Attorney Healy appeared for the
1AA1 ~ ~ - - l. N@'~' e@Aa
Joseph Rice for the defense.
Mrs. Dora Reith was called to the
stand as the first witness. She said
Special Officer Howell came. 10 her room
and. forcing a paper into her hand,
said: You are attached" Witness
said ii seemed pretty cruel to treat a
woman that way at that hour of the
night. She said Howell remarked that
he had hired Benham to assist him in
removing the goods for the reason 1t
would be contrary to law for him to go
out and come back a second time. They
took everything out OF the house, even
the little boys cap and the last two
loaves of bread in the house. He said
he would sell the show cases and fur
niture at auction, IL the attachment
was not settled in three days, and If
she did not give him a bill of sale for
the property levied upon, the costs
would amount to s23. The bill of sale
was given to Special Officer Howell on
this representation. and the property
was sold to a furniture dealer for 81.
At the time of the attachment, the
witness said, she was doing a business
OF $40 a day. When Howell and Ben
ham were taking the things from the
house, Mrs. Sarah Davis. who lived in
the same house. demanded the return
of the clothes belonging to her and
Howell threw them back into the house
with the remark: They are old rags
anyway" The witness said she bought
some of the furniture attached on the
installment plan and had paid $40 on
it. He bought the property back for
"a. Witness consulted the county at
torney. and learning il would cost a
little money, which she did not have.
she decided not to prosecute the case.
( Since the attachment, she had been
living on almost nothing, supporting =
crippled son. who was compelled TO
sleep on the floor. The circumstances
had caused her much anguish and
pain.
Mrs. Sarah Davis, who lived with
Mrs. Reith. said she had been away
the night the attachment was levied.
and when she returned Benham was
carrying out the goods and Howell was
bossing the job. She demanded her
clothes and one of the men said: GIVE
her the old rags" Howell aid he had
to get some one to help him, as he had
to keep the door open. She was posi-
tive 1t was IL O'Clock or after.
I. II. Merithew testified that he was
a witness to the attachment. He wit
messed the bill of sale given by Mrs.
Reith. 1t was for 81.
Miss Nellie Davis testified she went
to Renshaw hall at 9 o'clock on the
evening of the 10th. No attachment had
been served then. When she returned
at midnight the men We're at the
house.
Editor James Brown of the Butte
Times testified hat the proceedings ex-
cited so much Indignation in the neigh
borhood that it came to his attention
and he authorized an attorney to be-
gin damage proceedings. Asked bv the
attorneys for the defense II he did not
have a prejudice against Justice courts.
he said he had not so long as they did
right.
w. +. Headings testified that he had
a conversation with Howell. who told
him he nae taken the bed from under
the women and children on a writ of
attachment. 1t was not a pleasant
duty, but men in his position We're
compelled to do things that were not
pleasant.
The defense opened by calling w.
II. Benham to the stand. He said he
wanted a few dollars on his rent anl
could not get it. Mrs. Reith told him
she was going out of business. as she
was making no money. He assigned
the account to S. b. Spinner.
Special Constable S. b.. Howell tes-
titled to levying the attachment on the
night of the 10Th of July. He went TO
the GUS and knocked and got no re-
sponse. The door was open and ne
went in. He went back out. and, meet
ing an officer, asked him TO wake up
Mrs. Reith, but he declined. Witness
went in again and served the papers.
A Mr.. Case and Benham helped carry
out the goods. Benham was there for
the purpose Of selecting his goods
from those attached. Witness offered
to leave the mattress, but Mrs. ReItn
would not ave IL, as il belonged u
Benham. He denied Benham was n
his employ. Witness talked with a
secondhand dealer, who agreed to