The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-26
N THE DISTRICT COURT
lfn. Nollie Withsrs Gets q
& Verdict for @2.Ooo.
ADVISORY FINDINGS ONLY
The Petition for a Change OF Venue in tho
Riley Case VIII Come Up To-Day.
Time for Filing Counter Am
davits Has Expired.

WI
the trial Of the case of Mollie withers
against s. v. Kemper was concluded,
and the jury brought in a verdict for
Mrs Withers for 81. 099. and also gave
n numbe OF special finds in her favor.
The suit was one over a 81. 900 note. and
10 foreclose a mortgage on a lot in the
Lawlor 4 kemper addition. Years ago
kemper borrowed $1,000 from Mrs.
Withers' husband. Robert Withers. and
gave the note and mortgage. A short
while prior TO withers' death he lost a
number of valuable papers, and IL was
claimed the Kemper note was among
them. Mr.. kemper claimed he had
pafd the note and neglected to have
the mortgage cancelled. The jury de-
cided that the note had never been
paid. and that with interest there was
now due on il s2.099. and that Kemper
never made a demand 10 have the mort
gage cancelled. The jury stood 10 to
2 on being polled. The findings, of
course. are advisory only TO the court,
and may be adopted or rejected.
The case of Thomas league and 9TH
ers against the Great Northern Rail-
road company and others had been set
for trial in Judge Lindsay's court yes
1erday. and was ordered dismissed for
want of prosecution.
The petition for a change of venue in
h Riley murder case will come up be-
ifore Judge Clancy this morning. IL nav
ing been continued from last Saturday
80 give the defendants attorney time
ITO file counter affidavits. II was stat
ed yesterday. however. that no such
af1davits had been obtained. and that
both w. j. Naughton and Attorney
Kohl would this morning withdraw as
counsel for Riley. IL Is understood that
certain organizations and others who
had agreed to make up "A subscription
TO pay counsel failed to do so. What
effect the withdrawal will have on the
application for a change of venue is not
known yet. but the county attorney viii
snsist on having the matter decided TO-
day in view OF the fact that the time
for filing counter afidavits has expired
and the defendants attorneys have not
get drawn from the case.
! George Watson. alleged To be insane
will have a hearing before Judge Lind
say at 4 o'clock next Monday afternoon.
County Physician Sheeran yesterday
made a complain against Mix Lam.
nth, charging him with insanity also.
He will probably also be examined aext
week.
John O'Keefe. a native OF Ireland. was
yesterday admitted To citizenship by
Judge Lindsay.
Judge Clancy admitted Jacob Sutton
of Germany and Patrick Lavelle. Eu-
gene NJ. Sullivan of Ireland.
The following matters are set for
hearing i'm Judge Lindsay's department
this Afternoon:
Estate of Michael Cannon. petition for
letters: estate of John O'Shea. probate
of will: estate of Miles Hogan. petition
10 set aside estate: estate A. j. March, |
and. petition for lea V to lease; estate
Sabina A. Hale. settlement of account
and objections; estate of William J.
McRae. settlement Of account and petit
ton for distribution: estate Charles
Horsfall. i'm re petition of Henry Royles.
II. c. Todd ct al. VS.. II. \. Harris ct al.
motion for new trial: Parrot Silver and
Copper company vs.. Samuel Dodge ct
al. demurrer and motion to file amend
ed complaint: w. Ii. Carroll VS.. ii. c. |
Bartlett ct al, demurrer; Charles NJ.
Dickerman VS.. Charles H. Craddick ct
al, demurrer TO nswer John A. Smith
VS.. Frank GiraId. motion TO correct
docket and set aside judgment. Lee
w. Foster ct al vs.. Henry Olson. de-
murrer and motion To discharge: Paul
inc Kaufman VS.. A. A. Gust q Co,
motion to amend complaint.
The following matters are set for
hearing in Judge Clancy's cour, this
. State vs.. Thos. J. Riley. motion for
change of venue: state VS.. Joseph Shat
er. motion for new trial: state vs.. d.. N.
Dickinson, motion for new trial: state
VS.. L.. G.. Cooper. arraignment; state
VS.. Frank Moody. motion to set aside:
state VS.. Chas. Smith. demurrer; A. II.
West VS.. Emma West. plaintiffs proofs;
Timothy Reardon ct al. VS.. r. J. MUIR
ray ct al. motion for judgment; Fan
ME Matusevitz VS.. G. s. Warren ct al.
motion TO strike: Montana Lumber and
Mfg. Co. VS.. Charlotte Cassidy ct al:
demurrer: w. f. Burgess. assignee, VS..
Thos. Coombs. constable. motion for
Judgment: city OF Butte VS.. ]. T.. Rick
ards, demurrer: city of Butte w. John
Noyes. demurrer; f.. V. Smalley VS..
Geo. ii. Savage. settlement of inter-
rogatories: J. A. Elliott et al. vs.. Mil
dred j. Caldwell ct al. motion TO dis