The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-26
IN THE DISTRICT COURT
The Noted Seven-Up Case Again
Set for Trial.
HAD SEVERAL HEARINGS
An Attempt to Have 1t Again POST
poned - Augusta Dillon Brings
Suit for Divorce-SEe Al
leges Desertion.

Judge Henry C. Smith, who is pre-
sizing IN department 1. of the district
court, yesterday disposed of all mat
tiers on the trial calendar I'D to date
and this morning will take up the mort
gage foreclosure case of w. A. Clark &
Bro. against the Grand Opera House
company.
Inc famous check case, growing out
OF a noted seven-up game. of Phil j.
harrington against John A. Leggatt
ana the Butte & Boston Mining COM
pany, which had several times been
tried, had been set again for trial yes
terday as to the defendant Leggatt, but
his attorneys objected to the trial,
| claiming that the case had been tried
| as to both defendants and it now be-
| ing in the supreme court the district
| court had no jurisdiction in it. The
| plaintiffs attorney argued that the case
| had been tried as to the Butte & Bos-
| ton company, but at the same time the
| attorney asked for a continuance of the
| trial as to Leggatt on account of the
| absence of two of the plaintiffs mate
| rial witnesses. Judge Smith, after lis
| tening to the attorneys, disposed of the
| matter by vacating the setting of the
case. In his affidavit for a continu-
| ance, Harrington said one of his attor-
| neys, Peter Breen, is engaged as coun-
| sci in the Corcoran murder trial at Wal
| lace, Idaho, and that the trial lis a,
| most important engagement for the
said Breen and involves matters of
great public import, and in which there
| is much consideration placed by the
| persons who have employed the said
Breen."
Harrington further says that he has
| used every means to have Breen pre-
| sent at the trial, but that on account
| of the importance of the proceedings
| in the Corcoran case he was unable 10
| leave it. The affidavit says Brcen, #
present would testify that he saw the
plaintiff pay money to the man
| Wearth on the $500 check the latter
| won from Leggatt, the payment of
which is disputed by the defendant.
The other absent witness. Tim II bland,
is now in Spokane and he, il present,
would testify that he saw the PLAINTIFF
pay the money to Wearth in the re
gotiations for the check.
The attorneys in the case Of Wall
lam Lavelle against j. w. Kemper, in
volving title to a fourth interest in
the Red Cloud and Brilliant lode
claims. which property was bought by
Kemper at a sheriff's sale in en- action
against the Northwestern Brick and
Supply company, got together yester-
day morning and arrived at a settle
ment, without the further aid Of the
court. Lavelle had sold his intere st
to E. ID. LIE Glare in consideration Of
the cancellation of a note which the
latter held against him. The notc,
however, was not Cancelled, and when
the deed was filed for record the rame
of LIE Glare had been erased ana that
of the Northwestern Brick and Sup
ply company substituted and Lavelle
repudiated the deed The decree en-
tered yesterday by eonsnt holds fiat
Lavelle was not a party to The coed
and that as to him it shall BE- can
celed.
A suit of Kellogg, Johnson & c.
against A. Ducharme & Co. Cor $14S.S5
was tried before Judge Smith vester-
day afternoon. The action was really
against John O'Rourke, whom the
plaintiffs claim was a MEMBER Of tie
firm of A. Ducharme & Co. at the time
the Indebtedness was contrac ed, on
Nov. Is, 1895, which O'Rourke denies
The court took the case under advise
ment and will make special findings
in it,
w. A. Clark & Bro. yesterday COM
menced an action for $146, 30 against
John Caplice, John Branagan and Jcnn
Caplice as administrator of the estate
of Fred w. Caplice. deceased. Tie
complaint in the case says that On
Dec. 80, 1893, John Caplice & Co. ard
the defendants named individually ex-
ecuted to the plaintiff four notes for
$4,000 and one for 100000, and John
Caplice and a, man named John Smith
gave an additional note for %I1,i22 20.
The defendants then entered into an
agreement with the plaintiff by which
a new paper was given to cover the
whole Indebtedness, which then amount
ed to $175,6 so, and put up 1000
shares of stock in the John ,caplice
company as security. The only ray
ment made on the Indebtedness was
$4,000 in 1897, and now Judgment fer
the balance is demanded against the
defendants in addition to an after
neys' fee of $4,000.
Augusta Dillon yesterday commenced
an action for divorce against CLAYTON
5. Dillon on the ground of desertion.
They We're married in Butte on March
3, 1897, and lived together about 10
weeks, or, according to Mrs. Dillon's
complaint, until May Is, 1897 when the
DEFENDANT deserted and abandoned her
without any cause by her given or
done, and during all of which time
ne has successfully refused and failed
10 contribute and support the plaintiff
or to furnish her the common necessi-
ties of life by reason of his ideness
profiigacy and dissipation" The plain
tiff asks for a divorce, SIS a month ALI
mony, 500 as an attorney fee and per-
mission to resume her maiden name
which was Augusta Williams.
The Singer Manufacturing company
against whom Samuel H. Stewart re-
Gently secured a judgment for $4,000
damages, yesterday gave notice of in
tention to move for new trial on the
grounds of accident and surprise, new
ly discovered evidence, excessive dam
ages appearing to have been given I'M
der the influence of passion or prejud-
ice, insuffiCiency of the evidence to jus |
tify the verdict and errors of law ac-
curing at the trial and accepted by
the defendant.
In suit of John c. Owsley against !
the ID. j. Hennessy Mercantile company
no recover possession of an assayers |
scale, the clerk yesterday entered the |
default of defendant, on request of the |
pfalntlff's attorney, and about the same !
Tune an answer was filed by the de- |
PENDANT. The latter claims to have pur- |
chased. the property from one F. E. |