Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-06-23
It Comes to a Sudden Termina-
ton in Court.
A MOTION TO DISMISS
Sustained by Judge Clancy-JameS
CaSgrein Pronounced Insane
Court Notes.

The trial of the Quinn will contest case,
\ which began in Judge Clancy's depart
| ment of the district court yesterday
! morning, came to a sudden end today
by the judge sustaining a motion to dls-
miss the action OH the ground that testi-
mony offered by the contestants in sup
port Of the contract entered INTO betWeen
Charles Quinn and Bernard Quinn in 1884
with reference to the disposition of the
property in case one or the other married
or died was not competent.
Yesterday morning Michael Quinn, a
| brother of Bernard and Charles Quinn,
! testified that in 1854 his two brothers We're
living on the Jefferson river, about three
| miles from Whitehall. Michael lived only
a short distance from them, and occa-
sionally visited them. In that year he
was present, he said, at a conversation
that took place W. Barney and
Charles in reguId to The making 0t a will.
AS the object of Michael's testimony
was to prove the contract into which
| Barney and Charles are alleged to have
entered concerning the disposition of
their property, an objection to further
| procedure on this line was made by the
attorneys for Quinn and a lengthy argu-
men( IOllOW9u. II CONSUMED the CIllIle
day and was resumed this morning by
John j. Mediation. Without proof hat
Charles and Bernard had made an agree
ment such as alleged, the contestants
We're at sea. Had the court overruled the
motion the natter would have been
fought to a finish.
Joseph Boos has instituted proceedings
in the district court to foreclose a mort
gage on some real estate owned by Will
liam Maus in Moves & Upton's addition.
In the complaint he alleges that in May
of last year Maus gave him the mort
gage to secure a promissory note for
$3.50, and the note has never been redeem
ed. AS c. f. Bouget claims an interest
in the property, he, too, is named as a
defendant.
Judge Clancy's calendar tomorrow will
be as follows:
The state of Montana VS.. Theodore
Lawrence. Demurrer.
The state of Montana VS.. LleWelyn S..
Hatch. Citation.
Charles Smith VS.. Fred F. Sterling. De-
murrer.
James Duffy VS.. Haggerty, Hennessy
and Marcus DAILY. Demurrer.
The state of Montana, eX rel. Edward
Brethermer, VS.. Patrick H. Regain, sher-
iff. Application for mandamus.
The mental condition of James Casgrein
was made the subject of investigation in
Judge Llndsay's court today, the COM
mission in the case comprising prs. Mac
NeVln and ShultZ. AT it's conclusion Cas-
grein was pronounced insane. He has
been in the county Jail about three weeks.
Prior to the time he was taken into GUS
tOdy he resided in a cabin near the Nipper
mine dump. In addition to being insane,
he is totally blind as the result of a pre-
~, t,,r I1o~} ~, +ho A-,~, -.
Gin which property he was employed)
about six years ago During the last few
years of his liberty the county supported
him. He has several children, two or
three of which, it is said, have been born
during the last five years.
The Washoe Copper company has COM
menced an action against Evan Reese
and Margaret Holland to recover posses
sion of two lots on the Odin mining claim,
which it alleges it WINS, and which the
defendants are holding.