The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-08
IN THE DISTRICT COURT
Judge Lindsay Empanels a
Trial Jury.
USUAL EXCUSES GIVEN
An Important Action Brought by T. j..
Hennessy Against N. Rousson to De-
termine the Title to Wood Cut
on Government Land

Judge Lindsay yesterday empaneled
trial jury composed of II. 5. Rogers,
Henry ]. Rathemller. George W. Far
lin. Timothy ONeill, William r. Rob-
erts, V. Strasberger. George f. Sher-
man, j. w. Phariss, Con Sullivan, ".
H. Rumble, J. $. Robinson, p. II. Car
michael, A. J. White, James Sullivan,
Robert Tate, c. l.. Smith, Richard A.
Kunkle. n. w. Genereaux, Mike Walsh,
George Dent, Henry Hansen. c. NJ. Pal
mer, W. b. Robinson. George Spellum.
Pat Harvey, NJ. jennings, Rosamond
Nantuar and John A. O'connor. Out of
the venire for IS jurors issued on Jan.
30, the sheriff served 40. and Il of them
We're excused for various reasons. Two
were not property owners and did not
pay taxes. Two were excused on ac-
count of sickness in their families and
one on account of deafness Another
was let off because he could not I'M
derstand the English language. One
man said he was not citizen of the
United States and one said that recent
~ two of his children died and he had
been out of employment for Il long
time. Recently his daughter begged
to get him employment, and now that
he had work he did not like to risk los
ing it by serving ON the jury. He was
and one shift boss We're excused on
their plea that there was no one TO
take their places and that they would
probably lose their places if compelled
to remain away. The trial of cases will
begin this morning
A case Involving only a small sum
in itself. but affecting lot of property
and involving an important question of
law was submitted to Judge Lindsay
yesterday and argued on an agreed
statement of facts. The action was
brought by 7. j. Hennessy against n.
Rousson for the purpose of determin-
ing the title to lot of wood cut on
government land north of Walkervilie
by the grantor of Rousson. The wood.
after ii had been cut, was seized by
J. l.. Root, a special agent of the gov
eminent, and by him sold to the plain
tiff Hennessy. The United States dis
trict attorney then executed Il bill of
sale for that and other property and
delivered the same TO Hennessy for a
consideration of $930.2I Rousson dis
puted Hennessy's right to the wood.
The agreed statement of facts admit
ted that the person who cut the wood
and the buyer from him We're citizens
of the United States and residents of
Montana. and that the land upon
which the wood was cut was unsur-
veyed government land, but which, If
surveyed. would be part of an even
numbered section and mineral in char
acter Further, that the only title the
plaintiff had was that made to appear
by the bill of sale from the United
States attorney.
Judge Lindsay. in passing on the
matter, said ii had not been shown that
the regulations of the general land Of
flee had been violated and no reason
had been advanced to show that the
wood was subject to seizure. The court
al. or a or a n = Judgment -
plaintiff had not proven sufficient title
to the property To enable him To re-
cover. that while the prima facie title
to the wood was in the government in
the first instance. the admissions indi-
Gated that the defendant had right
to cut the wood and thereafter to sell
it, In any event. the wood was seized
without due process of law and the ac-
tion of the government agent in thus
taking possession and selling to third
party was apparently handed
and arbitrary proceeding. The court
made written findings of fact and con-
illusions of law in accord with the
above. Judgment was given the de-
PENDANT for the return of the wood or
for its value, fixed at $3.50.
Judge Lindsay appointed Emmett
Callahan as guardian of Catherine
O. Brien, minor, and placed his bonds
al $4,000.
others against Peter r. Dolman and
others, a suit involving the title to the
ground on the Big Hole river covered
by the dam Of the Montana Power COM
pany. was yesterday ordered trans
ferred to the United States circuit
court on the application of the de-
PENDANTS, their petition showing that
federal question was involved. A bond
of $500 was filed with the petition.
Judge Clancy yesterday heard the
plaintiffs proofs in the divorce case
of Silva Cradlebaugh against John IL.
Cradiebaugh and granted her Il decree
of divorce. The testimony showed
that they were married in Butte on
Nov. %, 1889. and that for more than
a year the defendant has contributed
nothing to the plaintiff support.
j. Z. Cook yesterday commenced suit
for divorce against Nellie Cook. 10
whom he was married at Billings OH
Dec. 81 1893. The complaint charges
that on June 20. 1886, the defendant was
criminally intimate with one Chester
WestfaIl i'm Fremont county. Wyoming,
and that since then she has been al
most continuously an inmate Of houses
ston and is at present an inmate Of
such a house at the later place. The
couple have no children.
c. G. Ruger brought suit against
David Thomas for 800 due on a note.
Shoes you must have. You can't get
along without them. If YOU want to
| get them cheap attend the shoe sale