The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-14
Witnesses Said Lally Was No
Good to Any One.
HE WAS ALWAYS DRUNK
Consorted With Lewd Women and Re-
fused to Support His Famiiy-A
Juror Gets Into Trouble By
Coming Into Court Late.

day morning. but when 1t was called
the plaintiff failed to respond. al
although his attorney. Mr.. Jackson.
was on hand and could not account for
h absence of his client. The defend
ants proofs on her cross-bill were in
troduced. however. and she was grant,
ed . decree Of divorce and was given
h care and custody of their two chill
dren. Her attorney. Mr.. Burbage.
waived the demand for alimony and
counsel fees. Lally had brought the
suit on the ground OF desertion, al
leging that they were married in GAL
way, Ireland, on Feb. I. 1855. IN her
answer and testimony both. Mrs. Lally
a the marriage took place on Feb.
IA. 1856. She testified that she left her
husband and h residence in which
they were living on Nov. 4. 1896. On
that evening. she said. her husband
came home intoxicated. She was COM
PEELED to correct n Of the children
and he objected to It and threatened to
shoot her. He said he would kill her
county could taxi care Of the children.
He placed his hand on his hip pocket
and she. believing that he had
a gun and meant to carry
out his threat. ran out Of the
house and has remained away from
him ever since. She also testified that
he had contributed nothing TO the sup
port Of herself and children during
the last two years and q half, and did
not even pay their rent. Mrs. Lally
also testified as to her husbands hab-
its in other respects. and said he had
been intimate with lewd women and
habitually remained away from home
three and fou nights out Of every
week.
Add Williams testified that the Lal-
ly's had lived in his house and he knew
IF promises are any good he Is q
pretty good man." said Williams.
speaking of Lally.
A Mrs. Rowe testified that she had
helped to support Mrs. Lally and the
children. She had known Lally for
some time and said he vas always
drunk. He is no good to no one"
said Mrs. Rowe.
Two other women testified to the
same effect, after which the court or
dered judgment in favor Of the de-
PENDANT, Mrs. Lally.
william Clark, one of the jurors in
Judge Lindsay's court, was 20 minutes
late yesterday afternoon and an at
tachment was issued for him. When
he appeared the Judge asked him what
excuse he had to offer for being late.
He said his little girl was sick and
that delayed him. He said he lived
on North Wyoming street and could
not get to the court house soone than
he did.
How far do you live from the court
house?" asked Judge Lindsay.
"Oh, I don't know that" replied
What part of North Wyoming street
DO you reside on?"
II couldn't tell that either. I came
just as DOR as I could. I had to go
for a DOCTOR" added Clark.
"What doctor did you 70 for?"
asked h Judge, evidently beginning
TO doubt the jurors veracity.
II don know, / am sure replied
Clark, after some hesitation.
Where does the doctor live. or
where did you go for him?"
Il don't know that either" said the
Juror, laughing.
Il am inclined to think that your
statement is a fabrication" said the
court, land l will direct the clerk to
enter a fin Of IS against you, which
you will pay at the conclusion of this
trial"
The Butte & Boston Mining company,
Frank Klepetko and c. S. Batterman
yesterday filed their separate answers
to the suit of the Montana Ore Pur-
chasing company, wherein 1t Is al
legged tina the defendants have been
digging up and obstructing a public
road leading over the Never Despair.
Michael Dewitt and Pennsylvania
lode claims to the Rarus MINI and
the Montana Ore Purchasing company
smelter. The defendants deny that the
roadway is a public one or that the
plaintiff has no other accessible means
to conve lumber to its mine.
For a separate and further defense
the company alleges that 1t is the own
er of the Never Despair n Michael
Dewitt and Pennsylvania lode claims.
and for a long time has been engaged
in making a shaft on the Never De-
SPAR for the purpose of extracting ore
from the mine. There now remains
only about 10 feet to make the connec-
ton, and when the shaft IL completed
1t will have a depth OF $50 feet. In or
der to hoist ore through the shaft the
defendant began to grade the surface
Of the ground near the shaft for the
purpose Of erecting . hoist. The de-
PENDANT had barely commenced the Ia
Dor of preparing the ground for the
works when II was enJoined and re-
trained from continuing by IN order
of the court. The labor Of preparing
the surface for the hoist constitutes
the acts complained OF by the plaintiff
and the only acts which defendant has
committed in the way Of disturbing the
surface Of the o claims. or in any
way throwing up entertainments on the
alleged roadway mentioned in the
plaintiffs complaint. The court is
asked to dissolve the temporary in
junction. The matter will be heard by
Judge Lindsay this morning.
The following matters are set for
hearing in Judge Lindsay's court to-
day:
AT 10 o'clock a. m.-Montana Ore
Purchasing company VS.. Butte Il Bos-
ton Consolidated Mining company ct
al. order to show cause-
At 2 o'clock p. m.-Estate Of william
Harris. settlement OF account: estate
"A .l --..