Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-15
A BUSY SESSION
Judge Clancy Deals Out JUS
tice To All Corners.
GIVES HOGAN A YEAR
For Reaching Too Far After An0th-
er Mans PurSe-An InSan-
ity Matter.

VI t1lS diSlllSl louI / y u lAla uNAiSAiN
this morning, there being not more than
half a dozen persons present when the
bell tapped, but it made no difference in
the conduction of the matters set for
hearing. During the session Attorney
Clinton sprung something of a sensation
in connection with the suit of o. H. Bur-
bridge VS.. Tim V. Lowney. The plain
tiff in the action was formerly the pro-
prietor of the grain slumping machine
in this city, but is not here now. Lowney
was a constable in Justice Traps court
and in the discharge Of his official duties
took possession of the running gear of
Burbridge's place of business. A suit
followed, Lowney and his bondsmen be-
ing made defendants. A demurrer to the
complaint was filed, argued ten months
ago. and taken under advisement by the
court. Then a motion was made for per-
mission to amend the complaint and it
was set for hearing today. 1t was taken
up in its turn and Attorney r. l.. Clin-
ton, representing the defendants. threw
a 13-inch shell into the camp of the other
side by stating to the court that he had
information to the effect that the suit
was being prosecuted by the attorney in
his own interest and when the proper
time came he would prove it that the real
plaintiff had dropped the matter long
ago. He also called the attention of the
court to the demurrer and the length Of
time it had been pending.
The judge said he would take the mat
ter under advisement, and in the mean
time make an investigation.
The court sustained the demurrer in
the damage suit of James Duffy against
j. j. Haggerty and others and granted
the n1aIntIff twenty n ave in which tn MO
pare and file an amended complaint.
This is the action in which Duffy is
seeking remuneration for injuries alleged
by him to have been received at the
time Of the Hale house fire.
Judge Clancy made an order today adj
hitting john Hesley, the alleged slayer
of John Curry, to bail. The amount was
placed at $4,000 and will be produced the
early part of next week. When the mat
ter was presented the county attorney
opposed it, but the judge expressed the
belief that men had no bushes fooling
around other mems homes as Curry was
dong When Hesley killed him.
A. j. Schumacher pleaded not guilty to
an alleged assault on Leo Ha]genburger
with a billy. No date for the trial was
decided upon.
Tom Hogan was sentenced to one year
IN the penltentlary by Judge Clancy to-
day. The charge against him was the
burglary of Duncan McGregOr's saloon
on South Montana street on June 10. On
that date he reached through an open
WindOW at the rear of the room, lifted a
pair of trousers from a nook on the wall
and took from one of the pockets a purse
containing money. He was caught at it.
however, and arrested. On the same day
he was given a preliminary hearing and
bound over to the district court. Today
he pleaded guilty. waived time for sem
tence and was retired for a year.
A complaint charging Theodore Vad-
nails with tn: crime Of grand larceny, the
theft of $50 worth of copper wire from the
street railway company, was filed in de-
partment No. 2 today. The defendant be-
ing out on bonds, a citation was issued
requiring him to appear in court next Sat-
urday for the purpose of ~arraignment.
Judge Clancy granted Lizzie Allamandi
a decree of divorce today from Antoine
Aliamandl on the ground of desertion.
non-support and a few other allegations
of a similar nature. On the witness stand
she testified that the marriage of defend
ant and herself had occurred in 1896. and
four months later he abandoned her.
Unless something is done to relieve the
situation the crop of insane persons now
supposed to be at large in Silver Bow
county is likely to increase. A few DAYS
ago a Mrs. Curtis was thought to be in
sane. but no one that would make COM
plant against her could be found until
the sheriff concluded to do it.. She was
then in the county jail. and was easy of
access. Yesterday a woman called at the
county attorneys office and stated that
her husband, with whom she had been
residing in Meaderville, was evidently in
sane, as he imagined someone was try
ing to kill him, and was possessed Of
other Authorizations, having IN equal ten
dency to show a disordered mind. She
was told to lay her complaint before DR..
Sheerin, the county physician, who had
always attended to such cases. She did
as requested, but the doctor told her he
was out of the complaining business, as
there was nothing in it for him.. AS the
case seemed to be one requiring the at
tention of someone, the doctor was asked
today the trouble was. "Well,'
said he, st is just this: My duties as
county physician dc not require me to
attend the insane; in fact they have
nothing to do with this class. I was
formerly paid s. for each case of insan-
ity attended, but a short ime ago the fee
was cut off and l simply refuse to work
for nothing. Sometimes, in fact quite
oIlen, When a person is lodged in the
county Jail on a charge of insanity, it is
necessary for me to visit that person sew
eral times before a commission is aD-
pointed to inquire into the mental con-
dition of the patient and / certainly can
not be expected to do it for nothing. l
do not object to giving testimony in in
sanity cases free of charge. My prede-
cessOr had trouble of the same nature in
regard to his pay"
One reason why DR.. Sheerin has been