The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-18
BUSINESS IN THE COURTS
Two Men Sentenced to Five
Years Imprisonment.
CASES SET FOR TRIAL
The Oden-Nipper Suit Against the
Washoe Copper Company Will Be
Heard by Judge Lindsay
on Tuesday.

on tuesday.
Judge Clancy yesterday sentenced
two men to the penitentiary for five
years each. One was Elmer Ensmin-
ger, boy who burglarized cabin
during the owners absence and car
ried off few articles of small value.
The other was Thomas sadler, a mid
die aged man, who took several shots
at another man with the evident in
tention of committing murder, and
| was convicted of assault in the first
| degree. Sadler got the minimum pun
| lshment for his crime and Ensminger
the maximum, but in the latter case
| the judge fixed the punishment and in
| the other the jury fixed it. Llewelyn
S. Hatch, charged with grand larceny,
| was ordered to appear in court next
| Saturday so that his case can be set
| for trial.
In the Oden-Nipper mining case of
the Washoe Copper company against
Edward Hickey and others, Judge
Lindsay recently made an order au-
thorizing the defendants to do certain
development work in the ground in
dispute, but the attorneys for the diff
ferent parties could not agree as to
the dimensions of the various open
ings, which seem necessary in order
that development work authorized be
properly prosecuted, and Judge Lind
say said he would hear testimony on
the case, and set it for next Tuesday
morning. The court also said the
| plaintiff should state more definitely
the proposed duties of the persons it
seeks to have attend upon each shift,
| with power to classify the ore and
| waste removed. Is it not practicable,
| llTt ha tha rob
| to be authorized to classify the ore
| and waste also take part in the actual
| mining operations conducted? In view
| of the fact that the defendants offer
| ed at the time of the hearing to run
| the drifts and levels provided for in
! the foot wall of the vein, the court
| will require evidence to advise it as
| to the propriety of doing such work
| in such manner, in event that counsel
cannot agree in that particular.
| In the case of John Noyes against
| William Young ct al, the motion for
! judgment on the pleadings submitted
by the defendant, William H. Young,
was by the court overruled.
In the case of Mary A. Clymo against
j. r. Wharton as receiver of the Butte
| Consolidated railroad, a demurrer to
the amended complaint was overruled
by Judge Lindsay.
Other matters passed over by Judge
Lindsay were the following: w. b.
Meyers VS.. Joseph Volker ct al, de-
| murrer to the second amended COM
plant, overruled; Henry L. Haupt ct al.
| VS.. Elias Simonton, plaintiffs proposed
amendments to the defendants state
| ment on motion Of a trial, numbered /.
| 2, g. g. 8 and 10 and ordered incorporat ed
| in said statement. All other proposed
| amendments are disallowed. The state
ment on motion fora new trial as so
amended was, BY the court, signed, set
| tied and allowed as correct. Mary Ann
| Hurley VS.. Patrick O'Neill, statement
on motion for new trial, signed, set
| tied and allowed as correct. George H.
| Casey ct al. VS.. T. Theiviege ct al,
| amendments to the defendants pro-
| posed statement on motion for new
| trial having been incorporated in such
| statement, the said statement on mo-
| ton for a new trial was settled and al
| lowed.
Judge Lindsay yesterday re-arranged
| his trial calendar and set cases for trial
ais follows: June 10, W. H. Fenton VS..
r. R. Williams; Mrs. John F. French
VS.. James McFayden, G. w. Monroe VS..
]. McCauley ct al; June 90 Edgar Lau-
rim VS.. L. Dorais. L. Madigan VS..
| George c. Broderick ct al; June Il,
James Ryan VS.. Michael Regain, W. NJ.
| Shultz VS.. A. ]. Schumacher, w. E.
| Dufresne ct al. VS.. Henry j. florence:
June %, Russell S. Feurtado VS.. Isadore
| Pincus, William Phillips VS.. Boston &
Montana Con. c. & S. NJ. Co, L. f.
| Scott VS.. Tim Harrington: June %,
Samuel Gaskell VS.. J. w. Kemper, John
Dunstan VS.. Charley May, H. c. Slader
| VS.. Bernard Shanahan; June g. Levi
| Price VS.. George H. Woody, S. Horn
| stein ct al. VS.. Jacob Sablotzky, B. j.
| Fine VS.. A. J. Erwin; June 81, F. Fl.
| Dewitt VS.. BARRIERS Protective unions
| vro Il
| Western Wagon Grain Co VS.. ]. S. Les
| lie ct al, Dave Potter VS.. Anton Clio
vich, Tony Hoff VS., ]. M. Rezick; June
| 49, Joseph Cameron VS.. Dillon lmple-
ment Co., s. r. Williamson VS.. Josern
| Weyerhorst, John Guerin VS.. Dick SUIT
| ton ct al; June 80, Maud Elmer VS..
| Henry Klenze, Thomas Jacob VS.. Mon
| tana Central Railway company, John
| Yank VS.. Fred Hutchinson, s. E. Lam
| berg VS.. Montana Central Railway
| company.
Joseph p. Collins was by Judge Lind
| say yesterday appointed administra-
| tor of the estate of Edward Shields, de-
| ceased upon his official bond as pub
| lie administrator. The same order was
made in the estate of Angus Mcleod,
| deceased.
| In the sSweitzer estate a notice of ap-
| peal ito the supreme court was filed yes
terday by Mrs. Nellie B. Sweitzer,
| mother of Grace and Francis Sweitzer,
| from an order recently made, refusing
her petition ito be appointed guardian
| of her children and appointing their
| aunt, Mrs. Helen Lutey.
Judge Clancy yesterday rearranged
| his calendar and set cases for trial as
| follows: June 10, Butte Hardware Co.
VS.. Jesse C. Knox; June 20, M. c. Har-
| ris VS. Sweetwater Coal Co; June 81,
| Mrs J. c. Lockwood VS.. Charles Weis-
man; June %, will contest of Charles
| Quinn estate; June %, Lutey Bros. VS..
w. A Clark ct al; June 26, state VS..
| Dan Lucey.