The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-04-19
STATE RESTS IT'S CASE
The Ellingsons and Finberg on
Trial for Stealing Ore.
BREACH OF PROMISE SUIT
Bertha Maxwell Sue John J. Holmes
for e2o.ooo-she Asserts That He
Cruelty Deserted Hsr-Mar-
Red Another Woman.

/, Boulder. April 1s.-The April term of
the district court began active work
this morning with a Jury In attendance.
Ine ease OF the state VS.. Filing Filing
son, Ole Ellingson and N. Finberg was
called and most of the forenoon taken
In securing a jury. The state is repre-
sented by County Attorney T. T. Lyon,
assisted by I. j. Walsh of Helena; the
defendants nav John N. Kirk of Butte
and ]. NJ. Clements of Helena. 1t is the
case wherein the defendants are charged
with stealing a quantity of ore, as stated
In the opening remark by the county
attorney, of the value of about 81, 900;
that said defendants procured and OBJ
tanned the absence of the Waterman
and his wife from the Kennedy mine to
enable them to gain access to the house
In which the ore was stored; that the
prosecution would show the hiring of
teams and wagons from Helena for
moving said ore, the purchase of sacks
which were filled with waste and left in
lieu OF the ore TAKEN; that defendants
hired a car and had ore transported to
Butte and consigned TO a smelter there
and demanded returns from same. A
large number of witnesses are summon
ed in the case, mostly from Helena and
tHc NiCAility VI tnt henneQy mine near
Montana City, from which the ore was
taken. Altogether there are about 80
witnesses, mostly for the state.
The entire day was given up to the
trial Of the case, the state presenting all
OF its testimony.
In the case of Larry White & Co. VS..
Riddell & Suffer, contractors of Butte,
the plaintiffs sued for a balance due
on a contract for brick and stone work
and nlQSfaripU nn tho cchanI h,,ildipu
for the deaf n blind 1t was tried be-
fore the court without a jury and the
hnuing of the court is that there was
due the plaintiffs a balance of $1S3.67
on the contract, also $117.90 for extra
work done at the instance of defend
ants; also that plaintiffs nae been over
paid $66. 25 on plastering. leaving a bal
ance due Of $685. 80, and Judgment was
entered for the plaintiffs for that
amount
Minnie Wolford of Clancy was ar
on a charge of larceny as
bailee. The complaining witness, Mar
Smith, claims that she gave into
possession of the defendant for
500: that she has since
made repeated demands for said money,
but defendant refuses to give 1t up and
appropriated 1t to her own use and
benefit. Defendant pleaded not guilty
the case was set for April 30.
Among new actions commenced is
hat of Charles Hopkins VS.. the Gaff-
1ey Mercantile company. 1t is a suit
Tor damages or account of an injunc-
ton issued at the request of the de-
n appealed to the supreme
court. Damages are placed at the cost
If hiring an attorney to appear before
he supreme court, and his expenses
,etween Butte and Helena, $14.50.
Charles II. Nickel brings suit against
August Mueller for sos. 65, claimed to
I'VE been expended by the plaintiff at
he instance and request of defendant
n securing a patent to the Havan
ode.
II. NJ. Hill VS.. +. N. Harper: motion
o dismiss appeal from court of Justice
of Boulder on grounds that said
curt had no jurisdiction in the case.
here being a justice at the town of
fancy, where both parties to the suit
esided. under section 1850 of the code
+ civil procedure.
Bertha Maxwell brings suit against
ohm j. Holmes for breach of promise
{ marriage. The case will attract con-
iderabie attention from the fact hat
he defendant is a prominent mining
Of this county and is go years old.
e having given that as his age when
pplying for a marriage license in Hell
ma last week when he vas married to
frs. Sregam. The complainant recites
on or about July 20, 1897, at her
ome in Boulder, in consideration Of
plaintiffs promising to marry de-
defendant promised to marry
err; that plaintiff, confiding in said /,
has remained unmarried. has /,
and now is ready TO marry defend /,
mt; that after said mutual promise and {
greement defendant did. at her home 1
Boulder, take improper liberties with
err and did seduce her under said ?
and hat said plaintiff is now I
18th child by said defendant; that she {
ad suffered great mental anguish, her
ealth has been greatly impaired and
er character n reputation W. been
lined: that the defendant, disregard
g his promise to marry her. has fraud |
craftily and subtly deceived e
I'd defrauded her, and instead of mar c
ing said plaintiff did. on April IL. take v
wife another woman. Plaintiff de- y
damages in the sun of $40. 900. Y
costs and disbursements in this q
half expended. I