The Anaconda standard., 1899-11-15
VERDICT FOR DEFENDANTS
j, B, Culbertson Does Not Get the
$1,000 He Sues For.
ZELLNER ASKS FOR $4,000
Action for Damages Growing Out OF the
Collapse OF tie York Building-za-
CUR Examined as to His Prop
erty-Court Gossip.

The suit of ]. B. Culbertson against
r. A. Carder and ]. S. Ellis, an action
to recover $1,000 damages and some
money expended for doctors bills by
reason Of injuries sustained while in
the employ of defendants, was on trial
yesterday in Judge Lindsay's court
and resulted in verdict in favor of
the defendants, the jury being out but
short time. A motion for a non-suit
had been interposed at the conclusion
of the plaintiff's case and overruled by
the court.
The plaintiff had testified that he
was employed by the defendants as
painter and worked for them at the
Hale house. A man by the name of
Roberts had charge of that particular
| job and he worked under Roberts di-
rection. He was told to paint the front
| of the building, and had to do SO from
| an extension of the regular scaffolding.
| The extension of the staging gave way
| and he was precipitated to the ground,
| resulting in an injury that confined
him to the hospital for about 80 days.
| There was some contention whether
| Culbertson had not himself assisted
in the construction of the staging from
| which he fell, and whether he was
not guilty of contributory negligence.
| Several witnesses testified that he was
| what is known asa stage man, and
| that at the time Of his employment
he stated that he wanted to work on
the stage.
Another damage suit that of John
Zellner against Joseph E. Oppenheimer,
a suit growing out of the collapse of
the York block on West Park street,
was called for trial before Judge Lind
say yesterday afternoon and will prob
ably be on all day to-day. jury had
just been lected when court ad-
journed last evening. Zellner was in
the building when it collapsed, and
with others was precipitated into the
cellar, sustaining serious injuries. He
asks for $1,000 damages.
John Zagur, defendant in the damage
suit in which Susan Christian, as
plaintiff, secured default judgment Il
few weeks ago for $1,000, was brought
before Judge Clancy yesterday for eX-
animation regarding his property,
which, it is alleged, he disposed of after
the Judgment had been rendered against
him. Zagur is the man who assaulted,
beat and kicked Mrs. Christian until,
according to her story, she was pretty
badly used up. At the examination
yesterday Zagur admitted that he had
$1,000 at the time Mrs, Christian
brought her suit. but he said it be-
longed to a ,SlaYonian lodge of which he
was the treasurer, and when he was
defeated for re-eleetion recently he had
to turn the moneysover to his successor.
He said he had been working in
Butte for 10 years at $3.50 day, but
his wife always draws his wages. Any
way, he said, he would like to see the
man in Butte who had $1,000 of his
| M
also said the boarding house of which
he was supposed to be proprietor, be
longed to his wife and he had nothing
to do with it's business AT the re-
quest of Mrs. Christians attorney the
further examination was continued un-
til December 8, in order to give him
time to subpoena other witnesses.
The case of J, Rhoades and others
against John A. A. Devlin and others
growing out of the old Silver Bow
Jockey club troubles, was dismissed
yesterday as settled. ~
Two old explosion cases in which
Mary Sloan, as Administrative, is plain
tiff, and the Kenyon-Connell CONNER
cialS company and others are defend
ants, were stricken from Judge Lind
says trial calendar yesterday.
The plaintiffs in the suit of w. A
Clark & Bro. against Charles S. Ell
tinge, an action to foreclose mort
> gage, petitioned the court yesterday
) to cite Chancellor O'Donnel, the re.
ceiver of the mortga ged property int
court to show cause why he has no.
vet filed an account or made a repor
of his recevership. He was cited tt
| appear on December 9.
White potatoes s1,20 hundred; onion:
$165 hundred sack flour Csc; sacl
, bread flour S5c. Cooks, 331 Sast Park