The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-08-11
JURY COULD NOT AGREE
Stood Ten for Acquittal in the
Hansen Case.
TRIAL JURORS DISCHARGED
Judge Clancy Next Saturday VIII Take
an Adjournment Until Next October.
Marion II. Mahan Wants
q Divorce.

The jury in the robbery case against
Pete Hansen and James Kelly could not
agree and was discharged by Judge
Clancy yesterday morning. Thu jurors.
on the final ballot. stood 10 for acquittal
and two for conviction. At n time
they stood seven to five and at another
eight to four. Those favoring a verdict
of not guilty argued that the testimony
did not warrant a conviction, though IL
they could return a verdict on general
principles every one would have voted
to convict. The two men who held out
for conviction said the regulations OF
the defendants and their witnesses were
so well proved that they were justified
i'm ignoring their testimony altogether.
After the jury was discharged a mo-
ton was made to reduce Kelly's bail,
as he has been held in jail because he
was unable to furnish a 81 900 bond. The
court reduced it to $500, which he may
be able to give.
Chief Deputy County Attorney Con-
molly stated yesterday that the case
would be prosecuted and the defendants
again put on trial.
Judge Clancy yesterday morning dis
charged his entire panel of trial jurors
and adjourned his court until Saturday.
At MDVtn I'LL It VIII tdhC ai ooJOdi ~
ment until October.
Marion II. Mahan yesterday COM
menced a suit for divorce against Ben
jamin F. Mahan on the ground of ha-
bitual drunkenness. The parties were
married on Jan. 81. 1885, and until re-
Gently were residents of Anaconda, but
now reside in Butte. where the Defend
ant is engaged in the real estate BUSH
ness. Mrs. Maha alleges in her COM
plant that for more than a year the de-
PENDANT has been "habitually n con-
tinuously drunk" to such a degree that
he has been incapacitated from attend
ing to his ordinary business.
A motion to dissolve the temporary
restraining order issued in the case of
Walter Mcdonald against Bridget Hur-
ley and others was argued before Judge
Clancy yesterday morning and was sus-
tanned. The restraining order had been
issued to prevent the enforcement of an
execution issued on a judgment by de-
fault by Justice Ducie. The motion, to
dissolve was based on the allegations
that. the court had no jurisdiction to is
sue the restraining order, and that the
execution sought to be restrained had
already been issued; that proper notices
had not been given; that the constable
who served the execution was not made
IL party W tnt dSbiOu, IL " tht iSo
sons
Judge Clancy yesterday vacated the
setting of the cases of the state against
Maud May and Charles Smith. and fixed
the bonds of the May woman at 500.
The bonds of Charles Jones, the bicycle
thief, were fixed at $3.50.
The order to show cause why a guar
dian should not be appointed for George
w. Taylor, to which objections were
made, was continued for hearing until
Saturday.
Defaults were entered in the divorce
cases of Pauline Gray against Elmer
Gray and James McNichols against
Sarah McNichols, and the proofs in both
cases set for hearing on Saturday.
The bill of exceptions in the Shadwell
murder case had been set for settle
ment yesterday, after having been con-
tinued a dozen times at the request of
the defendants attorney, but when 1t
was called up a telegram from Attorney
Thresher was received saying he was in
the Yellowstone park and could there
fore not be in court. The matter was
then continued until Oct. 8.
In the divorce and alimony suit of
Rose Perelson against Morris Perelson.
an order to show cause why the defend
ant should not be required to pay rea-
sonable temporary alimony was issued
and set for hearing on Saturday.