The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-15
QUESTION OF VERACITY
Jury Decides Against a Life In
surance Agent.
SUIT TO FOReCLOSt LIEN
A Floral Company Sued for seol-Ci.i-
zsnehip Papers Issued-Cases to
Come Up In the Depart
ments To-Day.

was on trial before a jury In Judge
L~indsay's court yesterday and the jury
decided against the agent. There were
four justice court appeal cases set for
trial all involving the same question.
Trey were william II. Warren against
Fred Girard. two cases OF John A.
Smith against Girard and one of Girard
against f. w. Kirkwood and others.
The attorneys in the case. JONI w. Cot
ter and w. f. Carroll for Girard. and
John N. Kirk for the insurance agent.
did not care about going to trial. so
they agreed on a stipulation in each
case that the setting should be va
Gated and the case passed to the foot
OF the docket. but Judge Lindsay was
not disposing of justice court cases by
passing them Indefinitely under stipu-
lation, so he told the attorneys the
cases would be tried. The first one
called vas that in which Warren. a
New York Life agent. was the plaint-
in. He had sold Girard a 81. ZOO. 15-year-
tontine policy upon which the annual
premium was Sili.9o. Girard paid SIS
in cash and gave three notes for s35.
$50 and $3.50. He claimed that the
agent represented to him that at the
end OF Is years he could draw down on
the policy 81. $50. or that at the end of
three years. IL he desired. ne could ur-
render the policy and get back every
cent he had paid in. When the policy
was delivered to him he found that IL
was only good for s1.3i7 at the end of
Is years. and there was nothing in II
about the three years surrender. so he
refused to a his notes when due.
claiming they were obtained from him
through fraud and misrepresentation.
The agent M for them and claimed
that he did moi tell Girard he would
get 1850. but told him that sum repre-
scented the possibilities Of the policy's
earning capacity. He told the jury all
about the defendant life policy schemes.
and after the arguments and the in
structions given by the court. the jury
went out and found a verdict for Gil
rard for s25. the amount he had already
paid on the insurance premium.
The three other suits growing out of
the same transaction are yet to be dis
posed of.
The Montana Lumber n Manufac-
turing company yesterday brought suit
against w. +. Cobban, X. NJ. Cobban.
the Silver Bow Floral company. NJ. j.
Connell Lumber company. the Butte
Sewer Pipe and Tile company and the
Anaconda Copper Mining company for
1901 and to foreelose a lien on the prop
erty Of the floral company located south
of the Reception r~oadhouse. An attor-
ney's fee of s1oe is also demanded. The
amount Of the hen Is claimed to be due
on lumber and other material furnished
for the building in April. 1897.
An agreed statement Of facts in the
case of Mary Il. Hughes against
Charles w. Goodale. guardian Of Fran
els A. and Geraldine Linforth. was filed
In court yesterday. The suit was
brought to quiet title to certain prop
erty sold by the guardian, il being al
legged there is a cloud on II because GER
tain formalities required by law were
not observed in the sale of the property.
The agreed statement Of the case ad-
mits those facts. but without fault of
the guardian.
Judge Lindsay yesterday heard a few
applications for admission to citizen
ship and rejected two of them. one be-
cause the cop of his first papers was
not signed. and the other because the
testimony Of his witnesses was not sat-
~isfactory to the Judge.
Judge Lindsay admitted the following
to citizenship: James Forrest. Thorn
as Seaman. Antonio Zufignan. Ambro-
gio Caro-. James T.. Battle. Mats Mick
elson, Richard Burke, Joseph Either.
Clarence Moony, James Crowley and
John G. Hafey.
The following matters are set for
hearing to-day In Judge Lindsay's de-
partment:
Estate of Patrick l.. Regain. petitions
and objections; estate of James NJ.
Reilly, demurrers: estate of Sabina A.
Hale, return of citation; estate OF NJ.
=. Flynn. return of citation and order
TO show cause; estate of John II. Gal
lagher. return of sale Of real estate: A.
Wetzstein. VS.. =. A. Largely. ct al.
motion to adopt and reject findings:
+. ID. Toms. ct al, Va. James A. Murray,
motion to inspect and copy contract;
Embre McClain Carriage Co., vs.. Il. II.
Regain, ct al, demurrer: Johanna Rud-
man VS.. Silver Bow County, ct al,
motion for judgment: Charles Colbert.
ct al. vs.. John Schneider. ct al, mo-
ton to strike; f. ". Harwood. ct al.
vs.. Peter II. Dolman. ct al. motion for
cav TO file amended complaint: q. G.
Abbott. ct al. VS.. John O'Donnel. mo-
ton to dismiss appeal: J. VI. Latimer
VS.. s. o. Mccall. motion for security OF
costs: J. w. Shackleton VS.. Allen
Chapel A. VI. T.. church, ct al, motion
for new trial.
Judge Clancy will hold court this
morning for the purpose of hearing the
following matters on his motion cal
endar:
Samuel Binder, ct al. VS.. Bernard
Bohan. demurrer: Mont. Lumber *
Mfg. Co, vs.. r. NJ. Boyer. ct al. de-
murrers to answer of Cassidy: l.. q.
Pearson We. Jno. Fredercel. ct al. mo-
tion to set aside default: Mrs. NJ. II.
Dusold vs.. Chas. A. Dusold. plaintiffs
proofs: John f. Mills VS.. j. j. Cam
bers. demurrer; A. ~. Yoder. VS.. s. j.
Reynolds, settlement Of bill Of excep-
ions.
Judge Clancy will this afternoon hear
applications for naturalization.
TEX" Walters Funeral.