The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-09-25
KINDER SAYS IT'S WRONG
He Wants to Get Out of Jail on
Habeas Corpus.
DISTRICT COURT MATTERS
Petition to Distribute the Estate OF Mrs.
Grace Gaylord-Appeal Cases
Set for Trial-Some
Judgments.

An application for a writ OF habeas
corpus was made to Judge Lindsay by
William Kinder. the man who is in the
county jail for receiving property which
his wife stole from the Council store.
He says in his petition that his impris-
onment is Illegal. A transcript of the
evidence presented at the preliminary
trial before Justice L~aurandeau is at
tached to the petition, Kinder and his
attorney claiming that the evidence
was not sufficient to hold the defend
ant. Judge Lindsay will hear the mat
ter at 2 o'clock Monday afternoon.
Mrs. Ruth l.. Grant yesterday petit
toned the court for an order to close
up and distribute the estate of her
mother, Grace T.. Gaylord, deceased.
She %recites in her petition the fact that
Mrs. Gaylord died on Feb. IA. 1894. and
left property in various places, which
has since passed into the hands of An
drew j. Davis, as administrator She
says all debts N claims against the
estate have been paid up and settled
and that now more thar $40, 900 in cash
IL in the hands of the administrator.
Besides the cash he has 1853 shares of
Parrot mining stock valued at 81. $50
and a note for 81 ,025, which has recently
been collected in full. Mrs. Grant says
all the property of the estate has been
converted into cash except the Parrot
stock. and Ii is the desire of the heirs
That that also be sold. as it would be
to the best interests of the estate TO
have 1t disposed Of. She therefore asks
the court to require the administrator
to file his final account and to show
cause why he should not sell the Parrot
stock and distribute the estate among
the heirs. Judge Lindsay issued an or
dor nd a h
oct. s.
Judge Lindsay yesterday passed on
the injunction matter in the case of
CHARLES Colbert against John Schneider
and others. The restraining order was
dissolved and I'm passing on the ques-
ton involved, the court said; This is
an action I'm ejectment. The answer of
the defendant brings i'm issue the title
OF the plaintiff to the premises i'm con-
troversy. Where there are conflicting
rights TO the possession of property the
court VIII not grant an injunction the
effect of which woul be To award pos
session of the premises in dispute to
The plaintiff, and thus determine the
merits of the case upon an ex-parte ap-
plicatton. The allegations of the com
plainant do not justify the court in
granting a temporary injunction, and
II has not been shown that the act COM
"' ~ . AAN'Ag w ltEhll III
able injury to the plaintiff; the respect
I'VE rights of the parties may therefore
he termine upon the trial of the
cause. The restraining order hereto
fore issued is accordingly dissolved and
the application for a temporary injunc-
ton denied"
Judge Lindsay yesterday called his
Justice court appeal calendar and set
the following cases for trial:
Oct. &c. J. Tebo VS.. the board of
county commissioners. NJ. l.. Lyons VS..
Frank l.. Reber, William Hammes VS..
Tim V. Lowney. Pauline Kaufman VS..
n. a. Gust d Co; Oct, 6-The Lincoln
Coffee q Spice Mills company vs.. w.
u. McHugh eft al, Joseph ID. Hanni-
gan ct al. VS.. Bernard Berg. II. Grefg
VS.. Frank Turk, Lizzie NJ. Burns VS..
@. w. Boyce. JOIN V. Cullen VS.. G. w.
Boyce; Oct. 6@Jerry j. Murphy VS.. L.
II. Burns ct al, Nicholas Powers VS..
John Hawke, Charles Dellaire VS.. John
j. Ledoux oct. William r.. Warren
VS.. Fred Girard, John A. Smith VS.. Fred
Girard, John a. Smith VS.. Fred Girard,
Fred Girard VS.. w. f. Kirkwood ct al,
Ben Cartar ct al. VS.. p. III. Regain.
The judgment rendered by A.. Finch, !
formerly a South Butte justice of the
peace. in the case against John Cooley. /
was set aside by Judge Lindsay. il an
pearing that the special constable who
was detailed to serve the did
not make n proper return and that the
Justice had no jurisdiction.
In the case of i. ]. Brophy against
s. II. II. Dufresne, the plaintiff OBJ
tanned a judgment for the sum Of $46i. 60
and costs.
The will Of Michael Nolan. deceased.
was admitted to probate by Judge
Lindsay and JOIN Ferns was appointed
executor without bonds. The estate
consists of four frame houses and one
log cabin.
In the case against Bob Works. who
is serving a sentence of 10 years for
killing Ed DAILY. the defendant Works
was yesterday granted 60 days add
tional lime to prepare and serve a
on motion for n new trial.
The following were admitted To citl-
zenship by Judge Lindsay: Frank
Pat Quinn. Thomas Casey.
Jerry Lyons. John Murphy. Pat Coyne.
Clifford. John T. Shea. John
NELL II. Mcleod. Quinn Muir
ply. August Hageman. Charles Ba-
Four were refused for various
reasons.
Wool Auctions.