The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-17
IN THE SUPREME COURT
CASE OF MARTIN BOWSER
Sentenced for Life for Criminal Assault
Upon His Own Daughter-Errors
Made by the Lower Court Were
Not Material.

Special Dispatch to the Standard.
Helena, May 16.-The supreme court
to-day passed upon three appeals, af-
firming the Judgment Of the lower courts
in all of them. Two were criminal
cases and the third a civil case. The
most important of the criminal cases
was an appeal from the district court
Of Flathead county-the state VS.. Mar
tin Bowser, who was convicted Of GRIM
inal assault upon his own daughter, and
sentenced to life In the penitentiary. The
court. in an opinion by Justice Hunt,
affirms the judgment Of the lower court.
There were seven assignments of error.
In discussing these alleged errors, JUS
tice Hunt, for the court, holds that an
oral order granting leave to the county
attorney to file an information is valid;
that an offer to prove Irregularities in
the jury panel is not good unless sus-
tanned by proof in court; that neither
the courts allowing the complaining
witness to state the relationship exist
ing between herself and Bowser nor
her being permitted to state her age
was error, and that no error was COM
mitted in the refusal of the
court to give certain instruc-
tions, since all contained therein a
really been given in the instructions.
After discussing these alleged errors the
court concludes its opinion by holding
that the judgment of the lower court
should be affirmed and that the de-
PENDANT must pay the penalty Of his
crime by spending the rest of his life
in the penitentiary.
In an opinion by Chief Justice Penn
berton, the court affirms the judgment
of the district court Of Lewis and
Clarke county in the case of the state
VS.. Frank Rodgers, convicted Of rob-
berry and sentenced to six years in the
penitentiary. Rodgers counsel relied
for a reversal on alleged errors in the
Instructions of the court, n in par
ticular, in the failure to describe the
articles taken, $105 in money. The
court says that it need not have been
described if ii had been proved that the
defendant had stolen any money. In
affirming the judgment, the court says:
w are unable to see that the instruc-
tons, taken as a whole, did or could
mislead the jury"
In an opinion by the chief justice
the court afirms the Judgment of the
district court of Meagher county in the
case of the town OF White Sulphur
Springs VS.. Allan Pearse, county treas
urer of Meagher county, an action to
recover the money that had been col
lected by the treasurer for town i'm
provement purposes. 1t appear that
in August. 1895, the board of aldermen
passed a resolution levying a tax of 2
mills on the dollar upon all the taxable
property within the limits of the town
for the purpose of improving streets
and alleys, the tax to be collected by
the county treasurer. Mr.. Pearse col
lected the money, 81, 222. 23. but efused
to pay il over to the town, claiming
il belonged to the county. Suit
| against him was commenced in the dis
trict court, where judgment was OBJ
tanned for 10 per cent or the money,
the court deciding that the county was
entitled to the remaining 80 per cent.
The treasurer appealed to the supreme
court. In passing upon the case
the court holds that the
codes and not the compiled
statutes governed the case, and that
the codes authorized the governing
powers of towns and cities to levy such
a tax and mad it the duty of the
county treasurer to collect it for the
town or city, except cities of the first
class. 1--WE think" says the court in
conclusion, that the judgment should
be affirmed"