The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-01
IN THE DISTRICT COURT
The States Case Against Ed
Phelps Was Dismissed.
WAS ACCUSED OF ASSAULT
Demurrers Filed in the Cases Against
Wilson and Paul. F. Loeber
Makes His Answer The
Westlake Divorce Case


Ed Phelps was dismissed on motion of
the county attorney Phelps was ac-
cused of assault, the affair growing out
of the shooting ARRAY of j. P. Lesher.
The case against the latter was dis
missed week or so ago
In the case against Charles e. Will
son, charged with assault in the first
degree, and in the case against James
Williams and John Paul, charged with
burglary, demurrers to the informa-
tions were filed and argued, and taken
under adyisement by the court. The
point raised in both cases is that the
information was drawn in the name of
the chief deputy county attorney in
stead of the county attorney himself.
Frank Moody, charged with robbery,
was given further time until next Sat
urday to plead.
j. Fred Loeber yesterday filed in
court an answer to suit brought by
j. Roller to recover Sl71.50 claimed TO
| be due on a note executed Oct. s, 1891.
The note is one of number given by
Loeber to miners employed on mine
! near Sheridan in payment of wages.
1 In other suits on some of the notes 1t
/ was proved that Loeber was forced to
i sign them because he was interested
/ in the mine on which the men were
| working. In his answer filed yester-
! day Loeber alleges that on Oct. g. 1891,
he was in the town of Sheridan and
was by force and violence deprived of
his liberty and held in custody under
\ duress by Roller and his associates
and they threatened him with great
personal violence il he refused to exc
cute the note. Under those conditions
he signed that and other notes, but
they were executed without considera-
do in If
| violence Loeber recites the fact that
the three other cases referred to were
decided in his favor and alleges that all
the matters involved in the present
suit were adjudicated in the former
ones, and he asks that the Roller note
be ordered surrendered for cancella-
ton.
Edward Westlake yesterday filed in
court a replication to the answer OF
his wife Annie M. Westlake, in the
divorce suit. He denies that he ever
treated her cruelty or that he called
her vile names or gave her cause to be-
lieve that her life was in danger from
him. He says he always treated hei
affectionately and never did drive hen
away from home or threw cans, buck
cts and other household furniture al
her He denies that he ever struck
her or that he failed to contribute any
thing to her support for SIX years. hi
saws he has at all times been indus
trious and has been employed wnen
ever he has been able to get work. ant
the greater part of his wages nave
been paid to the defendant and ha'
been invested in the property Whici
now stands in her name, but is not he
exclusive property, as claimed by her
Regarding a $500 note in controversy
Westlake says it was originally 10
81 300 for money he loaned to one
Page The note was, by payments, re
duced to $500 and a new note for tina
amount was then made out in the nam
of his wife and without his knowledge
Westlake says that he and his wifi
are the joint owners of the Bismarcl
lode claim, which he has DEVELOPS
and afterwards leased it to other par
J ties, his wife drawing the rents an
ROYALTIES and even his own wages a
a miner while he was working for tn
lessees. and collected all the rents fror
their houses in the Leggat x Foster
He wants the court to say that he /
entitled to a half interest in all thei
property and assets.
Frederick L. Whitehead yesterda
brought suit against the Emmett Min
ing company for SIG, balanc
claimed to be due as wages for wor
performed for the defendant.
The Parrot company yesterday file
tI,s l. nt Erg11 in