Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-03-17
+- 80 - q - $40.
BUSINESS IN
THE COURTS
The ElliOtt-CaldWell Note Suit
on Trial
ON JUDGE CLANCY'S SIDE
Illness of the StenOgraphes Cuts 1t
OF Sh0rt--Will be ReSum-
-''tM l2sa,I ed Tomorrow.
ON JUDGE CLANCY'S SIDE

Contrary to expectations. Judge Clancy
convened his department of the district
court this morning and transacted some
business. The first thing he did after as
cending the throne was to grant the
county attorney permission to file an in
formation against Herman Finkler, the
man accused Of having stolen a real dia
mond, valued at s75, from Hold Peasley,
the piano player. The degree of the
charge is larceny No. l, which means a
term in the penitentiary if a conviction
is secured.
Following the disposal of this matter,
the suit of J. A. Elliott and Sarah Elliott
against F. w. Martin and Mildred j..
Caldwell was called for trial. The par
ties to the action and their attorneys
We're on hand ready for work. Some Of
the jurors We're anxious to hear a motion
made for a continuance, but We're disap-
pointed. NJ. D. Leehey represented the
plaintiff in a legal capacity. and Miles
Cavanaugh and l.. j. Hamilton per-
!! formed a similar service for the other
side. A jury as follows was selected:
VT. Williams. Peter McCabe, George
Dewey, Edward Huddleston. John Mitch
ell. John S. Clapp. George NJ. Crawford,
w. X. Packer. Thomas w Williams, w.
A. Parker. William Busch and Arthur
Mcfarland.
The suit was brought to recover judg-
ment On a promissory note for $4.2S0.12.
which plaintiffs alleged was executed by
the defendants on or about February 10,
1891. and turned over to them in pay
ment for a stock Of millinery goods which
they owned at that time. A mortgage on
the stock was given to secure the note.
1 Tho n1aiptjffS claim that wit nrjrpinal
and interest the aggregate amount now
: due them is something over Sc. 900.
While J. A. Elliott was giving testi-
mony it vas discovered that James B..
Gallagher, one of the witnesses for the
plaintiffs. was absent, and his testimony
was needed at once to corroborate some
of that offered by Elliott. On this an
nouncement being made, Judge Clancy
postponed further proceedings until l
O'Clock. At that hour the judge read a
note from the stenographer-in which it
was stated that he. the stenographer,
was too i'll to be present. whereupon an
adjournment until 9 o'clock tomorrow
morning was taken.
In the matter of the condemnation pro-
ceedings brought by the county commits
siOnerS with a view to anneXing to the
property Of the county all that vacant
space lying west of the court house and
east of Montana street, Marcus DAILY and
john "A. LeSSdl, owners OF the property,
have been summoned to appear before
Judge Lindsay at 10 o'clock next Wednes-
day and show cause, if any they have,
why the property should not be con-
demned.
In the suit of Mary A. Crangle against
J. L.. Leslie and George C. Crangle to
foreclose a mortgage on some property
in Leslie gulch, about two miles south
east of the poor farm, the defendant,
Leslie, has filed a demurrer. In the docu-
ment ne alleges that there is a misjoinder
of causes Of action in that the complaint
pretends to set forth and allege three
separate causes of action, of which the
first is for the foreclosure of an alleged
mortgage, and the second and third for
the foreclosure of alleged liens. Leslie
further objects to the complaint, on the
ground that the alleged mortgage is not
set forth in it or a copy of it attached.
The county commissioners have au-
thoriZed w. K. Quarles to make three
dozen map tracings of the school election
precincts Of this district. They have also
disalloWed the two bills presented by
William Courtney for damage to his
building and business in Centerville by
l reason of a change in the grade of the
street. One of the bills was for $3.50 and
! the other for $500. They We're first disal.
lowed by the auditor. The commission.
ers thought the matter was one with
which the court should deal.
; c. NJ. Weinberg, guardian of the estate
of Hllmar Weinberg, insane, has made
l to the. court a statement of the condition
of%the property in his care. The report
shows that he has received 81 ,319. So, al.
lowed claims aggregating SLIT. 2s, PAID
out $685. .35, and has a balance of 1894 .N
on hand.
: 7 3TfSo matters are set for adjustment ir
Judge Clancy's court tomorrow, both be-
ing in the line of divorce. The parties
are Anna FAINT VS.. William L.. FAINT, and
Verona Grant VS.. T. J. Grant.
SUITAN'S PALACE