The Anaconda standard., 1898-12-06
BEFORE JUDGE LINDSAY
A Non-Suit Motion Sustained in
the Wilson Case.
ON PRIVATE PROPERTY
j. g. Ellis Alleges That He Did Not Beat
Chevigney Moro Than He Had a
Right To-Ssys He Struck the
Plaintiff In Self Defense.

city of waIkerville for $500 damages
on account Of personal injuries sus-
! tained by falling of a sidewalk was on
trial before a jury In Judge Lindsay's
court yesterday, and ended in a motion
for a non-suit being sustained at the
conclusion of the plaintiffs case. II.
l.. Clinton. city attorney Of Walker
Vile. and John w. Cotter appeared for
the defendant. and Il. 5. Thresher rep
resented the plaintiff. The evidence
showed that Wilson, on the 18th Of
May 1897 going home from Butte. got
off the cable cars at the corner Of II
and DAILY streets and fell of the side
walk and rolled over into an excava-
tion for a building. sustaining severe
injuries. 1t was shown that the acci-
dent occurred on private property and
that the city was not responsible. and
motion for a non-suit was made and
sustained.
The $4,000 damage suit Of A. A. Lager
Green against A. T. Peterson was dis
missed as settled.
j. s Ellis, who was sued several
days ago for $4,000 damages by J. l..
Cheyigney on account of injuries sus-
tanned from a blow alleged to have
been struck with piece Of board, filed
an answer i'm court yesterday. Ellis
denies that he beat Chevigncy until
the latter became insensible. or that
he beat him at all, except as he mad
1 a good right to do. 1t is denied that
he was disabled from attending to his
business or that he paid out 800 for
medical attendance or that his right
| eye and ear have been damaged. ellis
| says that on the 29th of last October
/ the plaintiff used foul and indecent
/ language to him and bantered and ch1l-
2 IA tt.,Ls q 80
beat him up. Chevlgney picked up
. heavy iron hammer and advanced
threateningly toward the defendant.
The defendant having reason TO believe
that IL was necessary to protect him
4 self, struck the plaintiff with his closed
hand. and that was the only blow
/ struck. and IL did not render the plaiht-
/ in insensible. for he imme1i ltely pro-
| ceeded with his work. If the plaintiff
sustained any injury or damage on ac-
! count OF the blow, he contributed there
/ to by his own conduct and is not en-
I titled to recover damages. John J. Nc
Hatton is attorney for the defendant.
| In Judge Clancys court a suit OF
| Rose Schiller against Constable Evan
Herbert was on trial yesterday. but had
! not been concluded when court ad-
| journed for the day. Mrs. Schiller sued
/ for $500 damages on account of the at
| tachment of some fixtures and stock in
| a restaurant at 100 West Park street
The defense Is that the plaintiff got
1 the stuff through a fictitious sale from
| one g. He. man, against whom the de-
tachme. had been ISSUED.
Judge Lindsay yesterday approved
I the report of Fred +. Sterling, receiver
| of the Montana Power company. con-
cerning work being done on the recon-
struction of the Big Hole dam. The
! contracts let by the receiver to Win
ters, Parsons a. Boomer and the Gil
| lett Herzog company and the receivers 5
| certificates issued were also approved.
John NJ. Steward yesterday COM
menced suit against County Treas
urer Kinds 20 enjoin him from attempt
! ing to collect alleged illegal taxes on
some lots on the Raven lode owned by
| him. The property. IL H. claimed, is
used for mining purposes only.
The city OF Butte yesterday brought
suit against Sidney Parkey and others
for the purpose Of condemning a lot OF
property for the opening of North
| Granite alley
Sheriff p. II. Regan yesterday filed
his new official bond. which was APP
proved by Judge Lindsay. The bond Is
for $4,000. with ID. j. Hennessy. A.
| Pincus Thomas Lavell and John