Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-01-23
"A SPLENDID JURY !
It Will Handle Cases In Depart
ment No. Z.
NARY MADIGAN'S PETITION
For a Revocation of the Probate OF
the Will Of James A.
Reilly, Deceased.
MARY MADIGAN'S PETITION

Abou 100 of the men summoned a Few
days ago to perform jury duty in Judge
Clancy's department of the district court
responded promptly this morning.
Twelve of those on whom the deputy shcr-
ifs secured service were not present When
their names We're called and the Judge or
dered the clerk to issue bench warrants
for their arrest. Many of the hundred Of
fered excuses for not wanting to be mem
bers Of the panel and some of the reasons
possessed sufficient merit to warrant the
court in letting off those who made them.
The panel is a brand new one, the names
of three having been taken from the lat
est tax roll of Silver Bow county. For this
reason a few of the gentlemen were not
familiar with the fact that last year the
deaf excuse "a worked from January
well into the closing months and offered
it as an Original package In some
cases it won out, but in others it failed.
One man said he had a fashionable all
ment known as appendicitis.
Have never seen you look better IN my
life" answered the judge. Il believe you
are the man that has conscientious scru-
Piles against hanging a MANI
Yes, sir said the applicant for liberty.
We'll, I guess l will have to let you go.
We have eleven murderers to try
The following persons were retained:
VIM. 7. Tonkin, G. w. Storey, John Os-
wald, Chas. Tomas. Thos. F. Casey,
Thomas W. Williams, Elijah Bowden,
Edward Huddlestone, Edward Hyland,
John j. Williams, Jno. j. Sullivan. w. A.
Parker. Edward Ward, Isaac Barrough,
~ r-,s RI ~ r ",a1p
Jos. E. Hoskins. l.. w. Shodair. w. D.
Fenner, Richard Jenkins, II. NJ. Edwards,
Dennis Sullivan. Dennis NJ. Smith, Thos.
j. Knucky, Gus Swanson, VIM. Hill,
John S. Clapp, Frank H. Darlington, w.
K. Packer. Geo. Dewey. James W. MUIR
ply, James Stafford, J.. Bartsen, y. r.
Rocheleau, Jno. Mitchell. NJ. Jennings,
Pat Sullivan, Arthur Mcfarland, Peter
McCabe. Chas. H. James, Thos. Noonan,
P. Nadnais. w. o.. Roberts, VIM. Busch,
Peter M~cDermott, Geo. NJ. Crawford, Max
Lalande, John F. Foley.
In the matter of the estate Of James NJ.
Reilly, deceased, Mary Madigan, a sister
Of the dead man, has filed an amended
petition for the revocation of the probate
of the will. In the she alleges
that Reilly died at 259 East Granite street
on or about August q, 1887, leaving an es-
tate which Mayor p. s.. Harrington
values at $4,076,1 10, but which petitioner
believes to be of much greater value. The
property consists of a lot with a large
brick Veneered house on it, a frame house
on leased ground, both being located in
East Granite street: also money and per-
sonal property.
The petition further alleges that on or
about August q, 1897, there was filed in
the district court a document purporting
to be the last will and testament of James
M. Reilly. 1t was dated August 20 of the
same year and named p. S. HARRINGTON.
husband of Kate Harrington, a sister of
the dead mar, as the executor: tina on
September II, 1897, the pretended will was
admitted to probate, but the petitioner
knew nothing about it; that the alleged
will is invalid and of no effect because at
the time it is alleged to have been made
Reilly was incompetent to make a will:
that he did not know what he was doing:
that for three weeks prior to the time of
his death Reilly was sick beyond the hope
of recovery, was suffering great pain and
was therefore mentally and physically in
competent to sign or make a will or tC
know or understand what he was doing,
and that Reilly had lived in the house OF
the H~arringtons abou nine years prior
to his death and died there: that durins
the entire time he was there the Harring.
tons exercised great influence over him
and with the assistance of Annie Cant
, we'll induced and persuaded him to sigr
: the alleged will for their own benefit ant
advantage and in fraud of the rights OF