The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-17
BAUM AND HIS WHEELS
Mr.. Stapleton Hasn't Decided
What to Do With Them.
THE LAW AND LAWYERS
The Inter Mountain Company's Answer
in a Libel Suit-A New Venire Nee
essary in the Shadwell Case.
Appeals and transcripts.

| cided what to do with George Baum,
| the murderer of the man Brandt. 1t is
the general belief that Baum is insane,
but Mr.. Stapleton is in doubt whether
to have him tried for murder and let a
jury of IL men pass on his insanity or
refer the matter to a commission Of
doctors. The county attorney stated
yesterday that he was inclined to try
Baum for murder ane then, if the jury
should decide that he is insane, he
could be sent to the asylum. and if he
should ever recover he could be brought
back and again tried for murder. The
county physician. who has examined
Baum, has expressed it as his opinion
that the man is insane. The course to
be pursued in the matter will probably
be determined tomorrow.
The defendant i'm the $10,0 900 damage
suit of Marion j. Smith against the
Inter Mountain Publishing company,
growing out of the divorce suit of
Richard Hogarth against Julia A.
Hogarth, filed an answer in the dis
trict court yesterday and admits pub
fishing the article complained of, but
says that as TO whether the Mrs. J. X.
Smith mentioned in the article is the
plaintiff il does not know and denies
that by the name Mrs. j. X. Smith any
reference was intended to marion j.
LEGATION was false and defamatory or
that Mrs. Smiths reputation was dam
aged in any amount. AS affirmative
matter the Inter Mountain alleges that
while the Hogarth case was pending in
court certain proceedings were had in
1t and the defendant made a fair. true
and correct report of the proceedings,
without malice or i'll will towards the
plaintiff or any other person, and all
of the matters and things stated in the
article, except that portion referring
to the happenings between Richard
Hogarth and Julia A. Ho3arth in Boze-
man. appear of record in the proceed
ings of that action, and the publication
contained fair and true report Of the
proceedings and allegations in the
pleadings and the publication was
without intent of njuring or libelng
any of the persons named in the article.
AS to the matters happening in Boze-
man. the defendant got it's information
by special dispatch or telegram from
that city, which dispatch was sent to
the different papers of Butte, and the
Inter Mountain published ii in good
faith, believing the matters were true
and without intent to libel or injure
anyone. .
Judge Clancy will empanel a new
trial jury Friday for the trial of Robert
Shadwell for murder. Several of those
summoned for jury duty made affida-
Wits yesterday that they were exempt
or were not residents of the state. f..
V. Maze field his affidavit in court re-
citing the fact that he is general agent
of tho Union Pacific Railway company
in Butte, and that as such agent he is
by law exempt from jury service.
j. II. Fielding, amusement manager
of the Casino theatef. made an affida-
Wit that his residence is in Spokane,
1.
Silver Bow county.
j. +. Healy, attorney for the defend
ant in the divorce suit of Bridget Ma
gill against William Magill, filed an af-
idavit in court yesterday setting forth
the fact that he had filed n demurrer to
the complaint expecting to file an an
swer later, but since then his client has
disappeared and cannot be found. Con-
sequently the attorney cannot get up
a defense.
Among the prisoners in the county
jail awaiting trial is one Frank Grice.
who has been in about three months
for robbery On the 4th of January a
motion to set aside the information
was argued and submitted to the court
and the matter has not yet been
passed on.
A transcript on an appeal in a case
of DR.. c. V. Norcross against Sophia
James was filed in court yesterday by
the defendant. The suit was brought
in justice court to recover possession
of buggy and harness valued at $40,
and the plaintiff secured judgment.
A default judgment was yesterday
entered for the plaintiff in the case of
&. G. Kruger against Daniel Thomas
for $l69.45. which was due on a promis-
sorry note.
Salisbury & Satterlee yesterday
brought suit in the district court
against George +. Shale for 1923. 40 due
on three notes dated March %, 1891