Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-09-12
Mrs. Cassie French Escaped
With a Light Fine.
MAKE EXCUSES
Judge Knowles Denies the Motion to
Remand Minnie Healy Case
to District Court.

Mrs. Cassie French of Walkerville,
who was indicted by the last United
States grand jury on the charge Of send
ing an obscene letter through the mail
to James McFadyen, also a resident of
WalkerVille, escaped severe punishment
in the United States court today. Her
case was the first criminal cause set for
trial at this term of court. When the
case was called, her attorney, Mr.. Mat
tison, stated that his client desired to
withdraw her former plea of not guilty
and enter a plea of guilty. Attorney
| Madison also asked the court to be len
lent in her case. She had suffered severe
~ from rheumatic troubles and her hus-
band was absent in the klondike. Judge
Knowles imposed a fire of $40 and costs.
When the trial jurors summoned to APP
! pear at 10 O'Clock this morning presented
themselves before Judge knowles about
10 OF the IS upon whom service had been
obtained responded to their names. AS
; a preliminary Judge Knowles asked all
who had good and sufficient excuses to
offer why they could not become jurors
to step forward and give their reasons.
Immediately 1G of the 10 jurors arose as
III ltdl dlu SuIIOuilucu Juuse Ico.
d. w. Tilton was the first to reach the
courts ear. He had good business rea-
sons to offer and was excused. w. III.
Abbot stated hat he was the manager Of
a opp precipitating plant which re-
quired his attention just now. The judge
excused him until next Monday. Thomas
Elliot said he was a milkman and his
customers had to be attended to. In fact
he said his customers would be deprived
of their tactical fluid If he was kept on
the jury n he was accordingly en-
cused.
J. ". Long said he was cashier of a
bank, a position which would require his
close attention and he, too, was excused.
J. w. Bergman had sickness in his fam
lily and the judge released him. Lee Man.
tie wished to be excused because he was
chairman of the committee on arrange
ments for the reception of the Montana
volunteers and the duties of that office
kept him very busy. He added that he
had no desire to shirk the responsibility
Of jury duty, but his time during the
next few weeks would be largely taken
up with matters pertaining to the well
come of the Montana soldiers. The Judge
took the case under advisement and also
that of Colonel H. Fl. Horst, who stated
that he was i'll. The judge advised him
to bring a physicians certificate.
A. j. Chambard, a waiter. told the
court he had worked all night and could
not very well sit on the jury and hold his
job at he same time. He was excused
for today. o. X. Lewis explained that
his duties at the Silver Bow National
bank required his attention and he was
excused. l.. s. Cohn was excused until
next Monday. Silas Pagan, a colored
man. had a contract on hand which re-
CURED his personal attention and he was
excused, as was also r. c. Mannix, a
Waterman at the Mountain Con mine.
AS this left a shortage of material
from which to select a Jury, the court
ordered that 20 more names be drawn.
I residents of Silver Bow county to an
pear in court at 10 o'clock tomorrow
morning.
Judge Knowles this morning denied the
motion of the plaintiff, in the suit of Miles
Finlen VS.. John Devlin, Marion NJ. Dew
lin, Mary f. Reilly, e. p. Passmore and
the Johnstown Mining company, to re-
mand the case to the district court.
from whence it came. The matter was
argued by Attorney Macdonald for the
plaintiff and Judge Mediation for the de-
PENDANTS.
The case is one in which Mr.. Finlen
seeks to obtain possession of interests
held by some of the defendants in the
Minnie Healey mine. The allegation is
made that on Feb. 3, 1896, the defendants.
Devlin and Reilly, entered into an agree
ment with +. r. Kinds for their interests
in the Minnie Healey for the stated sum
of $75 900. The Lease and bond was for
two years. Kinds assigned it to James r.
Flnlen, and the latter assigned it to his
father, Miles Finlen. On Oct, 6. 1896.
Devlin and otherE entered into an agree
ment with Miles Finlen to extend tho
lease and bond to Feb. 3, 1900. in ron
sideration of Finlen sinking 200 feet. On
May Is, 1899, Ellen deposited with the
First National bank the sum of s75. 900 to
the credit of Devlin ct al, but the latter
refused to execute a deed to the prom
erty.
The plaintiff alleges that the Johns
town Mining company has acquired some
flght or interest in the premises by rea-
son OF a deed alleged to have been OBJ
tanned from E. p. Passmore. The plain
tlff claims to ave expended $50. 900 in
development work on the property and
his predecessors in interest also expend-
ready to pay the defendants the sum
named upon the execution of a Iced and
also claims to have suffered damages in
the sum of So, 00G by reason of their re-
fusal to do SO.
Sam Lander of Anaconda. who went
through bankruptcy proceedings. was
discharged today. The petition of H.. II.
Guthrie will be heard Oct. 9
$40 sets of teeth $40. DR.. Wix.