The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-02
WILL Be TURNED LOOSE
Harvey L. Malveia Asks for a
Writ of Habeas Corpus.
IN THE DISTRICT COURT
Moses Benoit Gets Back His Check but
Gives Bonds for It-Repleviu suit
OF Susan Mitchell Against
Harry Blumpkin.

Harvey L. Malveia. the fellow who
was arrested about a week ago be-
cause the Maynard girl. Grace Potter,
was found In his room. yesterday petit
toned Judge Clancy for a writ OF
habeas corpus. The writ vas issued
n will be heard at 2 o'clock m
row afternoon. Malveia was arrested
by a policeman, but no complaint was
filed against him, and he has since been
held in jail without a charge having
been made. The girl has been sent to
a home at Helena and there Is no N
to appear against the fellow. Sc that
il is likely he viii be turned loose on
the habeas corpus proceedings.
The suit of F. II. Butler against John
Mccormick was on trial before a jury
In Judge Clancy's court yesterday.
Butler is assignee OF the defunct Har-
ris & Mccormick company. n as
assignee ued Mccormick for a balance
OF about SO, 500 claimed TO be due on
stock in the company, which he sub
scribed for and did not pay. At the
beginning of the trial John W. Cotter,
attorney for the defendant, objected
TO the Introduction of any testimony
on the ground OF a non-joinder of par
ties and for other reasons. He argued
that Harris and other stockholders of
the concern should ave been made
defendants with Mccormick. The ar
guments on the objection by Mr.. Cot
ter and j. J.. Mediation took up the
greater part of the day. The court
oVerruled the objection and the trial
was then proceeded with. but had not
been concluded when court adjourned
for the day. The jury in the case is
composed of stephen Thomas. Richard
Payne. l.. G.. Vaughn, J. J. Bates. II. n.
Rand, William Botten, Robert Ormsby.
r. II. Shields. Thomas w. Anderson.
p. II. Manchester, Charles Hammer
and J. Robinson.
Moses Benoit. the contractor who
sued the board of school trustees to re-
cover his IS. 900 certified check. secured
the paper yesterday from the sheriff,
who had replevined il. but gave a ST, 900
bond to secure the trustees i'm case they
should be given judgment for the for
feited check. The sureties on the bond
are Frank Boucher and Charles O.
Hudson.
The sheriff yesterday also made a
return on the replevin suit of Susan
Mitchell against Harry Blumpkin.
Mrs. Mitchell sued to secure possession
of $500 worth of iewelry and offered a
81. 600 bond with Il. H.. Mitchell. John
y. Relns and F.. a. Nichols as sureties
to get the stun back during the pend
ency of the suit, The sheriff. how
ever, reports tnat Bluf1pkln says he
does not have possession Of the iewelry,
and that IT cannot be found.
The papers in an appeal I'm a suit of
Sam. ID. Martin against Frederick
Richie We're filed in court yesterday.
Martin sued for $500 and claimed that
on April 10, 1898, he bought from
Richie a lot Of bar fixtures i'm the
Arion concert hall under the NJ. & NJ.
for $3.50. During the following month
the defendant wrongfully and by
stealth took the property. Martin aid
he suffered damages and lost interest
on his money. but was willing to lake
judgment for $500 even and call il
quare The jury in the lower court
gave a verdict in favor OF Richie and
Martin took an appeal.
Mrs. NJ. B. Dusold yesterday com
menced suit for divorce against
Charles A. Dusold. TO whom she was
married at Helena on Aug. 81. 1855. In
September, 1898. the defendant deserted
her without cause and has contributed
nothing to her support since. She asks
for the custody of their 12-year-old
child and alimony to the amount of $40
a month.
In a suit of James A. Murray against
the Butte e. Boston Mining company,
attachment was issued yesterday TO
secure a claim for 5000 due for rent Of
lot 10, block ., Of the Thornton addi-
ton.