The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-11
A JURY WAS @BULLDOzED
Plaintiffs Allegations In the Co
manche Case.
AFFIDAvITS WERE FILED
Alleged That the Jury Had Decided In
Favor of the Plaintiffs When Juror
G~enzbsrger Got in His
Work.

findings of the jury In the Comanche
Judge Lindsay yesterday by the atior-
neys representing the different parties
to the suit. The plaintiff in the suit is
Adolph Metzstein. who brought the ac-
ton against p. A. Largey, the Conan
che Mining Co.. and others to get pos
session of a fourth interest in the val-
liable mining property. The fourth in
terest was originally owned by ID. N.
Upton and the defendants claimed he
sold IL and II was subsequently pur-
chased by the Comanche company.
There Is no deed of the ~ransfer on rec
ord. however. and not long ago Metz
stein turned up a claim to the fourth
interest as the alleged successor of Up
ton and brought the suit to have the
Comanche company declared a trustee
of the interest claimed. The case was
tried a long time ago and the jury
brought in a lot of special findings i'm
favor Of both plaintiff and defendant.
but chiefly against the defendants.
The matter came up yesterday on a
motion of the plaintiffs to reject the
findings of the jury and have the court
adopt findings of its own. At the same
time a motion of the defendants, 10
adopt some and reject other findings.
was argued. John w. Cotter and John
j. Mediation appeared as attorneys for
the plaintiff and John F.. Forbis for the
defendants. Among the reasons ad-
vanced by the plaintiffs attorneys why
the findings should not be adopted was
the allegations that the jury had been
bulldozed into returning the findings
by Juror NJ. Genzberger. A%fidavits
were read 20 the effect that the Jury
had once decided on a lot of findings
in favor of the plaintiff. and while they
were waiting for an envelope in which
to enclose the papers. Juror Genzberger
produced the other blank findings and
bulldozed a majority of the Jurors into
believing that they a to sign those
under the instructions Of the court.
They did sign them and cancelled those
they had already decided upon.
The hearing on the motions has not
yet been concluded.
Mrs. Mary Hunt came to Butte from
Missoula to institute a suit for divorce
against Lou J.. Hunt. She charges in
fidelity and names as correspondent
Nellie Mcpherson. a woman well known
in Butte. Missoula and other cities of
Montana. Mrs. Hunt says the acts
complained of were committed between
July I, 1897. and August 1. 1898. in the
virgins, Exchange and Schilling
blocks in Missoula. The complaint,
which was filed i'm the district court
yesterday. alleges that the plaintiff and
defendant were married i'm Missoula on
May IL, 1892. n they have one child.
a boy five years of age. whose custody
the plaintiff asks for. She also
charges cruelty against the defendant
and says that on Dec. 20. 1897. he
knocked her down and beat and choked
her. She was in delicate health at the
time and Of frail constitution. j. X.
Wood Of Missoula Is her attorney.
Pinkney NJ. Johnston believes that
marriage is a lottery and that the
drawings are not all blanks. Mrs. Ma
RE Magurn is evidently of the same
opinion. Johnston secured a divorce
last Saturday. and Mrs. Magurn OBJ
tanned a legal separation from her for
mer husband on the 20th of last month
Yesterday Johnston took out a license
to marry Mrs. Magurn. He gave his
age as IS and hers as 80.
Judge Lindsay yesterday heard a
number of applications for admission
to citizenship and the following were
admitted: John Mitchell. Mike Piano,
Gidon W. Orava, James Carr, Alexan-
der Anderson. Matti Unkata, Lewis
Pewn, Andrew Daley, Adam Born,
James MCGOWAN. Peter Sheehan, An
drew McLennan, John l.. Nakervia and
William James Higgins.
S. M. Walker commenced a suit for
divorce against his wife, whom he
names by her initials as A. l.. Walker,
on the ground of desertion. He SAYS
they were married at San Francisco
some time during 1873 and that in 1896,
while they were living in Butte, she de-
him.
Adolph Fischer also sued Lena r.
for divorce on account of de-
They were married at King
man, Ariz.. on Sept. Is. 1898, and on
10, 1898, she left him.
G. NJ. Winberg. guardian of Hilmer
Winberg. an insane person. made a re-
port to the court yesterday of "A sale of
personal property Of the estate to
Henry Muntzer for 1926.