The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-07-07
IN THE DISTRICT COURT
An Indefinite Postponement of
the MCMILLAN Frank Case.
JURORS DAUGHTER DYING
Bert Porter Pleaded Guilty to Burglary
Before Judge Clsncy-One Year in
the Penitentiary-Gambling
Cases Go Over.

Cdses 10 over.
The McMillan-Frank mining case was
not on trial in Judge Lindsay's court
yesterday. an indefinite -postponement
OF II having been made necessary, ow-
ing to serious Illness in the family of
Juror Blewett. When the case was
called yesterday morning the Juror
was absent without explanation and
an attachment was issued for him.
When he was brought into court he
explained that his daughter. IL years
of age, was in a dying condition AMI
he could not leave her. He was there
fore excused and the trial was con-
tinued.
The case OF =. s. Harrington against
the Butte a. Boston Mining company
and John A. Leggat was called in the
afternoon by Judge Brantly. who came
I'D from Anaconda to preside at the
third trial of the case, but Attorney
John Cotter. who had not yet recovered
from his recent Illness, stated that he
was not physically able 10 go on with
the trial. and II was continued until
next Tuesday morning. This morning
Judge Lindsay will take up the other
cases on his trial calendar.
Bert Porter. the youthful burglar,
pleaded guilty in Judge Clancy's
yesterday and was sentenced to n
year in the pen%itentiary.
A commitment was Issued -or ID. n.
Dickinson, alias Neno. and he was in
| the afternoon taken 10 the penitentiary
| to serve two years for grand larceny.
In the gambling case against Isaac
| Morehouse and Henry Albertson a mo-
ton to strike from the complaint was
overruled. The case was not set for
| trial because Wilbur Boyce. the states
principal witness. has gone 10 Cuba
| with the Rough Riders TO kill Span
iards.
In the Wines & Booth case the set
| tlement of the bill OF exceptions was
| continued until Saturday.
The trial of Clara Bell for grand lar
| ceny will come up in Judge Clancys
court this morning.
In the mining suit OF IT. Stewart
White, Thomas Friant and Francis
Letellier against John A. Lesgat
w. A. Clark, an ansver was filed In
court yesterday ny LeGgat, who also
set up a counter claim for nearly VIA
900. He denies, in the first place, that
the plaintiffs and the two defendants
are owners in common of the Gold Flint
mine. but admits that prior to June "a.
1882. he was the owner OF a third in
terest In the property and that Clark
owned two-thirds. 1t is denied that on
Sept. 2s. 1891, while the plaintiffs were
owners of an alleged interest in the
Gold Flint. Leggat falsely and fraudu-
lentlv represented that he was the
owner of that interest. and to defraud
the plaintiffs out of their share of the
profits induced w. A. Clark to join him
i'm making or executing a lease TO a
portion of the mining claim without
the knowledge or consent or the plain
tiffs. A lease was executed to Charles
Masters and others. under the terms or
which Clark received $5,17s.I3 in roy
| aIties n Leggat 81. 1892, but II is de-
| MED that the money was received an
trust for the plaintiffs. The facts are,
saws Leggat, that on June "A, 1882, he
executed a loan from the plaintiffs n
borrowed from them the sum of 1880
at s per cent, and as security gave 4
Heed TO certain quartz lode mining
| claims in lieu OF a mortgage, among
which was a third interest In the Gold
Flint. the deed to be held until the
loan was paid, when the property was
TO be reconveyed. II was also agreed
that a fourth interest in the property
should become the absolute property OF
the plaintiffs as a bonus for making
the loan. and that only three-fourths
Of the interest should be reconveyed
upon the repayment OF the loan with
interest. II was further agreed that
the interests so conveyed far exceeded
in value the sum of money borrowed,
and that in case Leggat should be I'M
able 10 pay the 81, 500 within a year he
should have further time. At the time
of the lease TO Masters and others Leg
gat was the owner of and entitled to
one-half of the royalties, being one
third less the fourth conveyed as a
- 49, -I.tyz Gl.aA Tho tim
of the loan Leggat has paid to the
plaintiffs. and they have collected, $780,
40 %. and they hold for his use and
benefit the sum OF S13, 640.22, being a
balance or difference between the sums
borrowed with interest and the amount
collected by the plaintiffs. Leggat says
he is the owner OF a three-twelfths in
terest in the Gold Flint. three-twelfths
in the Louis. three-twelfths In the east
1870 feet Of the North Star. three
eighths in the ottawa. three-eighths In
the Washington. one-half in the Ditch,
being the remaining interests in all
claims which the defendant a con-
veyed To the plaintiffs as security for
the money which has been fully paid.
and he demands that such interests be
reconveyed 10 him and that he have
Judgment besides against the plaintiffs
for sl3. S40.2z ". /. Lippincott is at
ttorney for Leggat.
The Powers Dry Goods company yes
terday brought a suit against G. w
Connick for ss5s.2%
The state OF Montana. in the name OF
Assessor Allen, yesterday filed In court
a complaint in Intervention i'm the cas'
Of J. z Oppenheimer against L. +. Hof'
man. in order to get ss7.7 rs In taxes due
on the Hoffman stock. which was at
tached by creditors and sold by tbs
sheriff for 81. 200. The sheriff has tbs
money, and the assessor wants som'
of IL.
sunday E1cursions to Gregson.
The B.. A. & p. railway will make a
rate of 81 for roun trip from Butte 10
Grepson and return. every saturday