The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-09
BUTTE News.
IN THE DISTRICT COURT
Question of Veracity Between
Attorney and Juror.
MOTION FOR NEW TRIAL
Miss Mabel Seward Will Oppose Divorce
Suit Brought by Her Husband.
She Tells Different
Story.
MOTION FOR NEW TRIAL

A motion for a new trial in the dam
age case of Elizabeth Coleman against
o. N. Perry George S. Congdon and
others, involves a question of veracity
between an attorney and a juror who
served at the former trial of the case.
In support of the motion an affidavit
was made recently by Attorney w. E.
Carroll in which he related the sub
stance of a conversation he had With
Juror John B. Loughram during the
progress of the trial. Loughram stated,
so the affidavit alleges, that the jurors
had heard part of the evidence and did
not know whether the defendants were
guilty of negligence or not, or whether
the plaintiff was entitled to anything.
but the jury had discussed the matter
and agreed that she should have some
thing. That talk was made by the
juror on March 16, while the trial was
in progress
Yesterday Loughram made an affi-
davit i'm which he denied having made
any such statement to Mr.. Carroll or to
anybody else. He further alleges that
he never discussed the case with any
one during the trial and never talked
with any of the jurors about it until
after the case had been submitted to
them by the court.
John ]. Murray, r. F. Turner Patrick
McAvoy, l.. o. Toole, Adolph Reichle,
John Fitzgerald, William Matthews,
Arthur Thomas, J. J. Murphy and John
Powers, also members of the jury, made
affidavits denying that the case had at
all been discussed by them before 1T had
finally been submitted to them by the
"a ipt
reached after the submission of the
case with instructions by the court and
on full discussion of the facts in the
jury room. They also declare that they
fully complied with the orders and in
structions of the court, when allowed
to separate during the progress of the
trial, not to discuss the case with any
one, and say that the verdict was
reached regularly
Mrs. Mabel Seward. defendant in a
suit for divorce recently brought in The
district court by Jesse j. Seward has
appeared to oppose his action, and in an
answer and crosse complaint, filed yes
terday, she tells a story that differs
materially from that related by him.
He alleged that she deserted him two
weeks after their marriage. She says
they were married in st. Paul on Feb
10, 1897, and that she still lives there
marriage. On Feb. 20 her husband, the
plaintiff, without any cause whatever
left her and came to Montana, leaving
her in destitute circumstances. She saws
he has never contributed anything to
her support and she was compelled to
work in "a store as a clerk at SIS week
in order to earn a living. She says her
husband is professional nurse and is
employed at the st. James hospital in
Butte and is earning good wages. She
asks the court to deny him a divorce
and compel him to contribute 500 for
the payment of an attorney for her and
a sufficient sum for her separate MAIN
tenance. M. j. Cavanaugh is her at
torney.
B. w. Colburn yesterday commenced
an action in the district court against
Mrs. Mollie Miller for $1OS50, claimed to
be due for labor performed on some
property at the corner of Main and
Platinum streets. and to foreclose a
lien. He also asks for an attorneys
fee of S75.
Fllingwood & Regnor yesterday COM
menced suit against Catherine Bohan
: for $417.SS, claimed to be due on an old
account.
A suit of H. r. Bartlett against Rod
d. Leggat to recover possession of a
$500 check was tried before a jury in
Judge Clancy's court yesterday and re-
suited in a verdict for Mr.. Bartlett
The check had been put up as a for
felt for the purchase of some inter-
ests in a placer mining company in
Idaho, but the deal fell through and
Bartlett claimed that according to the
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