Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-12-04
THEIR LAST DAY
Welcomes Counsel Must File
Their Answer.
STATE SUPREME COURT
HANDED Down Three Decisions This
M0rning-Martin Peel Gets
New Trial.
Special to the Inter Mountain.

Helena, Dec. 4.-This is the last day
allowed by the supreme court for Well
comes counsel to file their brief in the
disbarment proceedings. The brief had
not been filed this afternoon. 1t is ex-
pected that the defense will avail them
selves OF >all the time allowed and not
file the brief until late this afternoon or
before midnight. The brief has been
prepared and is very long, but counsel
VIII not give out any advance tips. 1t
is understood that the reason the brief
Will not be filed until the last minute is
because Welcomes counsel desire to
hear from Washington as to what was
done in the Clark case before filing.
me supreme court handed down three
opinions today. The court allowed a new
trial to Martin Peel, an old citizen of
Madison, who shot and killed William
Ennis. another old-timer. at Virginia
City, in June, 1898. Peel was under SEN
tence of death. The court in an ex-
haustive opinion by the chief justice re-
views the case. The reversal hinged
chlery upon tile error of the lower court
in the language of it's instruction upon
the question of the burden of proof under
a plea of insanity. This instruction the
court holds was faulty and inconsistent
with itself.
After telling he jury that the bur-
1880 NfotA AN NNIClAuG1l 10 oStdO!iSn
insanity by a preponderance of the evil
uence. says the court, sit again tells
them to acquit him if they have a
reasonable doubt upon the whole case.
II is wrong in principle because, under
our view of the law. the burden NJ os-
tablishing the defense by a preponder-
ance of the evidnce is never east upon
the defendant
The court affirmed the Judgment of the
district court of Deer Lodge county in
the case of j. B. Haggin against R,i-
mond and Mary Sale. This was an ac-
ton involving the water right in Deer
Lodge county. The plaintiff claimed the
right to the waters of Glover canyon
under an appropriation from a man
named Glover. The defendant denied
such title and pleaded title in themselves
by appropriation. They also pleaded the
statutes of limitation. Special issues.
including that of abandonment by the
plaintiff, were submitted to the iurv
which found for the defendant. Subse-
quehtly the court made findings of it's
own adopting certain of the jury's find
ing and others made to confirm with
the courts views. Along with the con-
illusions of law the court made a decrao
the defendants owners CT the right to the
use of the water. From the lower co,rt.s
orders refusing a new trial Hagrin an7
pealed. AS Chief Justice Rrantlv tried
the case in the lower court. he did moi
take part in today's decision, being dis
qualified. '
We have repeatedly gone over the tes-
had upon the trial OF this case
giving it our close attention. says the
court. While considering the areu-
ments of appellant that the evidence is
to justify the findings of the
and jury; and our conclusion is
the evidence is sufficient to sustain
the findings and conclusions upon the
point mat p%laintiI1 abandoned
any right he may have had to the usl-
fruct of the waters in controversy."-
Ihe court discusses the point raised by
plaintiff $ counsel as to the lower courts
ruling upon the question of abandon
ment and concludes by placing affirm
ance upon such ruling as being sustain
ed by the evidence. Errors are alleged
as to rulings in admissability ana no adj
INSTABILITY of evidence but the court
fails to find any error of effect in issue of
plaintiffs abandonment. -
The court in a third opinion affirmed
the ruling of the district court of Mis-
soula in the case of Daniel BandmannZ
against A.. j. Davis, trustee, an action to s
enforce a breach of contract effecting a
water right. Bandmann secured judg-
for 81 900 damages and Davis APP
Shulten. alias K~lutchinski. a Russian
from justice, who was captured
Custer county last week by Deputy
Jackson, was taken east last
night by United States Marshal Ide of
he state of Washington. AT New York
will be turned over to Russian de-
Iectives. He protested his innocence to
the last.
The state board of education met in
semi-annual session this after
to dispose of the usual routine
business. i
The state board of sheep commission
,rs are also in session to-day. Four
teen sheep commissioners are here. The
was devoted to amendinc the
rules and discussing various matters.
The election upon the proposition of
extending the indebtedness of city is
progressing quietly. There is not much
.nterpsf 1t is certain to be defeated.