The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-25
BUSY DAYS IN THE COURT
Judge Smith OF Helena Called to
Preside in Department I.
CASE INVOLVING FORGERY
William Lavelle Says tho Deed He Exc
cuted Was Altered Before 1t Was
Filed-Demurrsrs to tho Ac-
ton Brought by Root.

The business OF department I. Of the
district court has accumulated SO rap
idly during the past few weeks that
Judge Lindsay found it necessary to
call upon an outside Judge to assist
him, and Judge Smith of Helena pre-
| sided in department l. to-day, and at
tended to the regular matters before
that court, while Judge Lindsay occu-
pied department II. to hear several
| orders to show cause in important min
! ing cases, which had been set for hear
| ing at chambers. Both judges held
night sessions of court.
| The case of William Lavelle against
James w. Kemper. an action to cancel
a deed to a fourth interest in the Red
Cloud and Brilliant lode mining claims.
in which it is charged a forgery had
been committed, was on trial before
Judge Smith yesterday. The ground
described in the deed is that covered
by the Northwestern Brick and Supply
company. Lavelle claims that he never
signed the deed which is on record in
the county clerks Office. He admits
that he executed a deed to f. D. Lee
clair, but he declares the name has been
erased from the deed, and the name of
the Northwestern Brick and Supply
company substituted. The considera-
ton of the deed to Leclair was the can
collation. of a note held by him against
Lavelle, but instead of canceing it
he turned it over to the company which
still holds it, and for that reason La
velle' wants his deed Cancelled. The
court sustained an objection to the in
PRODUCTION of a considerable amount of
the testimony offered by the plaintiff,
but held that he could proceed to prove
the alleged alteration of the deed. The
trial had not been concluded when
court adjourned, at 5 o'clock, and there
were indications that the parties might
be able to settle the case themselves
before morning.
The matter before Judge Lindsay
was an order to show cause in one of
the numerous cases of the Butte & Bos-
ton against F. A. Heinze and others,
involving the Rarus, Michael Dewitt
and Snohomish mining claims, the
plaintiff having applied for an injunc-
ton ITO restrain the defendants from
mining in certain portions of the
grounds. The hearing has not been con-
cluded.
John E. Davis and Andrew ]. Davis,
TWO OF the III tne dcllOll
brought by Henry A. Root against
other heirs of the Davis estate, for a
division of the real estate, filed de-
murrers in court yesterday. alleging
that the court has no jurisdiction in
the case otherwise than as a matter of
probate, the property involved being
now in the course of administration of
the estate of Andrew J. Davis, deceas-
ed. 1t is also alleged that there is an
other action pending in court between
the same parties, for the same cause,
and seeking the same relief.
The appraisers of the estate of Will
liam George Cole, deceased, presented
their report to the court yesterday. 1t
shows the value of the property in Sill
Yer Bow county to be 81, 600, and that
in Ravalli county, $3,755. The former
consists of a house and lot in the orig
inal townsite of Butte, and the Ravalli
county property is an S0-acre ranch,
valued at $1,000. and farming imple-
ments and horses.