The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-09-02
BUTTE News.
ALLEGED FALSE ARREST
Mrs. Mccain Sues John M. Bar
Der for $1,000 Damages.
GREAT MENTAL ANGUISH
She Says the Act Was Wrongful, Wan
ton, Malicious and oppressive-Butte
g. Boston Makes Answer.
Other Court Matters.

Ella Mccain yesterday brought a
suit in the district court against John
NJ. Barber. a butcher and sausage spe-
cialist, for S1,035 damages for an al
legged false and malicious arrest. Mrs.
McCan says the way ii all came about
was something like this: on Tuesday
of this week she had a ticket over the
Oregon Short Line from Butte TO Mel
rose. She was going to the latter place
to take employment as cook at a
monthly wage of $50, and was about
to board the train at South Butte Tues
day afternoon when Constable Tim
Harrington, from Justice L~aurandeau's
court, appeared on the scene, and in a
large crowd of people, placed her under
arrest and put her into a hack n
took her to the court room. where she
was informed that she might go on
her own recognizance. She was told
TO report the next day and to consider
herself in custody and under ar
rest.
When she reported the next day the
court informed her that she was free
n that there was no probable cause
TO arrest her. The arrest was caused
by the defendant. Barber. who brought
n SUI d6dlIlS itI lOl fOlsbJ anu lAiuAAE
an affidavit that Mrs. Mccain was
about to leave the state for the pur-
pose of defrauding her creditors. Mrs.
Mccain says that prior to attempting
to go to Melrose she informed the de-
PENDANT of her intention and that she
was not leaving the state. She also sent
another person to him to inform him
of the truth in the matter. but not
withstanding the assurances given the
sausage specialist that she would pay
him all she owed him as soon as she
earned the money, he procured her
arrest and she believes his act was
. malicious and for the purpose Of ha-
RAISING and depressing her under pre-
tended forms of law.
She says she had never before been
accused or suspected of any crime or
fraud Of I'M character and had al
ways borne a good reputation for hon
esty and integrity, and she considered
her character and good name damaged
in the sum of 81 1000. BY reason of her
arrest she suffered great mental an
guish and prostration and
physical pain. and was also compelled
to pay $40 for legal advice and $25 as
expenses for board and physicians
fees. Mrs. McCann says that by rea-
son of the sausage mans wrongful and
wanton and oppressive acts and of the
entire disregard Of her rights, the de-
fendant should be mulcted in exem-
plary damages for the sake of deter
ring a like oppression. J. E.. Healey is
her attorney.
Annie Sullivan, a domestic. was COM
PEELED to bring suit in a justice court
against her employers, NJ. Meyer. the
famous l~itigant. and his wife. Flora, for
so due her as wages for services from
June 90 to July ). Meyers defense was
that the girl had agreed to work for
$50 a month and that she refused TO
a ~ WI-aAFa-A h. 800
her nothing. Meyer also set up a cOun-
ter claim for SO for crockery and glass
ware the servant was alleged to have
.broken. The girl got a judgment, and
yesterday an appeal was taken to the
district court.
Laura VI. Wing yesterday COM
menced suit for divorce against Miles
r. Wing. to whom she was married at
Reno. New, May Z. 1888. She say that
in April and May of last year the de-
PENDANT struck her with his fists and
slapped her. For more than a year
he has contributed nothing to her sup
port, and she has been compelled to
live on the charity of strangers. Mrs.
Wing asks for allmony and permission
TO take her maiden name. Laura NJ.
Mitchell. r. Coombe is her attorney.
The Butte & Boston Mining company
yesterday filed in the district court its
answer to the suit brought by Arthur
p. Heinze involving the three mining
claims known as the Copper, Copper
No. / and Copper No. .. The answer
denies that the plaintiff is the owner
of any Of the claims mentioned, or that
the defendants have extracted 500, 600
worth of ore from the premises, or of
any other value and converted the pro-
ceeds to its own use.
oliver n. Perry and Louis Stett-
heimer, appraisers of the estate OF the
late DR.. Wellington c. Harding, yes
terday filed their report in court. They
%aprpaise the estate at s6,25S.15, of
which SO. 294. 90 is in cash and the re-
mainder in notes.
Judge Lindsay will hold another ses-
sion of court at 10 o'clock his morn
ing for the purpose of hearing appli-
cations for admission to citizenship.