The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-01
BEFORE JUDGE LINDSAY
The Resume of the Record of a
Busy Year.
IN SESSION TEN MONTHS
He Disposed OF 429 Cases-Mary A
Clymo Sues the Street Railway
Company for S9,17O-A Com
plant Against Luke.

Judge Lindsay yesterday closed the
busiest year that ever fell to one judge
in any district Of the state. During the
| calendar year, which closed yesterday,
| Judge Lindsay held court continuously
and almost every day for ten months.
In that time he actually disposed of 429
cases, of which number 1877 were tried
by the court without a jury and 107
were tried with a jury. Proofs were
taken in So divorce cases in which de-
crees were granted, and 1872 civil cases
| were dismissed as settled or for want
of prosecution. Thirteen cases were
| stricken from the calendar and eleven
We're referred to referee, all being in
cluded in the 429 cases disposed of, but
! that number does not include 26 in
sanity cases tried, and SGT naturaliza-
tons, $40 motions and demurrers heard
and orders made, nor the hearing of
| numerous injunction matters and orders
| TO snow cause in mining which US
| ually take up more time than the
| actual trial of cases. In the 500 orders
| made, there are not included such
| minor orders as on motions for contin-
| uances, setting of cases for trial and
| nearing on orders Diminishing cases.
| During the year Gil probate matters
| We're heard and determined and orders
made, and IS new estates were filed
There were $40 men called for jury SER
! wee ana they were in actual attendance
| ON Judge Lindsay's court 1854 days
| During the year, R. e. Leonard, the
clerk, wrote up 5SS pages of minute en-
tries.
A suit for sS,17O damages was brought
yesterday in the district court against
| j. K. Wharton as receiver of the Street
| Railway company by Mary A. Clymo
| In her complaint size says that on the
| 18TH of August, 1897, being the last day
| OF the race meeting, the defendant was
| operating its line to the race track
ana there was an unusually large at
tendance of people, and the defendant
made preparations to handle large
number of passengers and invited their
attendance by displays of advertise
ments posted on the cars. At the race
track and opposite the exit a platform
mad been erected adjacent to the rail-
road track and intended for the use of
the passengers, but the defendant ne
gEgently failed to provide for their safe
ty BY means of railing or by pro-
Vldlng officers and guards to insure
order and control the crowd. The plain
TIN was on the platform with the in
tentlon of getting on one of the cars
a
uehse crowd of persons pushed their
way on the platform and the crowd
became damned and packed and the
Plaintiff was unable to make her es-
cape or get on the car or leave the
platform. She was violently forced over
the edge of the platform, and was
thrown to the ground from which she
sustained a fracture of the small hone
OF her hip, and was otherwise bruised
ana injured. In consequence of her in
Juries she was confined to her bed for
three months and for seven months
longer she was SO disa bled and weak
that she was helpless. She says her
loss and damages by reason of her in
juries was $500, and on account of the
permanent injury to her health, she
has been further damaged in the sum
or $5,0Oo. She paid out $3.50 for medf-
cal attendance, and $500 for nursing
making her total claim for damages
ss, l'o, for which amount she demands
Judgment. Vernon j. Barlow and
Charles r. Leonard are ATTORNEYS for
Mrs. Clymo.
An information against Harry L.
Luke, the insurance man who is accus
ed of having forged the name of VIII
nam OWsley to a $75 note on which
he got the money from Abraham Itkeh.
was hled yesterday. Requisftion pa-
pers We're drawn UP and deputy sher-
III will go to Helena to get them ap-
proved by the governor and will then
proceed to San Francisco
An information was also filed against
Patrlck Quinn, John r. Burke John
Ryan and Martin Harrison for robbery
and against Thomas Brown for assault
in the first degree. The defendants. all
put Brown, were ARA igned and were
granted until next Tuesday to plead.
Brown who is out on BAIL was also Or
dered to appear then.
The county attorney asked for and
was granted leave not to file an infor-
nation against George Andrews alias
George O'Donnell and Teddy Bryan,
who were accused of having assaulted
Dan ODonnell. The attorney said the
evidence was not sufficient to convict
Judge Clancy yesterday heard the
proofs in the divorce case Of Theresa
Leland against Clarence Leland and
granted the plaintiff a decree. The tes-
tlmony was that the defendant lad
treated the plaintiff cruelty and on one
occasion broke a stick over her head
and knocked her down and accused her
of being too familiar with negroes and
Cinnamon.
The Vanwart divorce case was dis
missed without prejudice.
In the case of F. August Heinze and
A. +. Heinze against the Boston &
montana company a hearing on an or
der to show cause was had and an or
der was made that the plaintiffs be al
lowed to survey the premises in cues
ton.
upon the hearing of the petition for
probate of the will of the late Frank
stephens, state of affairs not entire
ly satisfactory to the court was deyel-
oped' 1t appeared after examination
tEat the Stephens will was not execut-
ed in strict accordance with the law
and that there was nothing in the will
itself to show that the witnesses who
attested the document had done SO at
the request of the testator and signed
the same in his presence and the pres
ence of each other. The judge stated
he was satisfied as TO the fact of the
execution of the will and that same
was the will of the decedent. but new
ertheless, he would not commend such
carelessness as had been manifested in
the preparation of the document and
doubted whether the will rould ba