Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-03-21
He Was "RaiSed on a Farm
and Not Accustomed to
THE WAYS OF THE WORLD
In View of This Fact the Judge Let
Him Down Easy--Damage
Suit Transferred

Yesterday afternoon and tell the court he
was guilty of having attempted to cart
away from the premises of the Butte &
Boston a few weeks ago a praSS
plunger valued at $1S7. but his intentions
were all right, for this morning ne hheu
up in front of the judge and changed his
plea of not guilty to one of guilty. At
torney Merritt represented Miller and ad-
dressed the court in his behalf. Among
other things he stated that Miller had
been raised on a farm and, being unac-
customed to the wicked ways of cities,
had yielded to temptation. 1t was his
first offense against the laws of the land.
We'll" said the judge, addressing the
prisoner, ''in consideration of the state
ment made by YOU counsel l feel like be-
ing as lenient as possible with you. |
will give you the minimum punishment,
one year in the penitentiary.'
The case of the state against Oregon
Werder was then called and the county
attorney asked that it be dismissed as
there was no testimony to show that the
prisoner had dpn anything save allow
himself to become the victim Of circum-
stances. He explained the matter to the
court and the latter discharged Werder
from custody.
Werder was caught helping Miller to
load the plunger, but the circumstances
were such that a conviction IN his case
could not "a been obtained. On the
way to the place where thep hunger was
lying Miller stopped at a saloon and ask
ed the bartender if there was a mar pres
emit thai desired to earn a dollar. Wer-
der responded without knowing he was
expected to help Miller commit a theft.
While loading the plunger Capt. Waters,
Waterman at the works, discovered the
two men and made a center rush. Miller
escaped for the time being, but was af-
forwards captured. Werder did not at
tempt to run. He explained his connec-
ton with the affair and his statement
has never been doubted.
Through their attorney, Jesse B. Roote,
the Colorado Mining company n the
Northern Pacific railroad company, de-
PENDANTS in the suit for $40, 900 damages
brought against them by James J.
Byrne for injuries alleged to have been
sustained by coming in contact with an
electric wire while attending to his du-
ties as a brakeman on top of a moving
Northern Pacific train a few months ago,
made a motion in the district court this
morning for the removal of the suit to the
United States court at Helena. The mo-
ton was based on the allegation that the
, defendants are both residents of other
states. Judge Clancy, before whom the
matter was heard, ordered the transfer to
he made.
Henry Mueller, d.. Giard and George
z. Moulthrop, nominees for school trustees
have filed certificates of nomination with
the county clerk and recorder.
Felix McAlvery, a native Of ireland,
was admitted to citizenship in Judge
Clancy's court this morning. Judge Lind
---- --.LL ! --., 49,. - 4
of Canada, and George Boglin, a subject
of Queen Victoria. Mrs. McMasters ap-
peared as one of the witnesses for him.
She is an American lady, and in giving
her testimony stated that her husband
was a man Of good moral character and
we'll disposed towards the institutions OF
this government.
The trial of the suit of Ruth F. Leggat
and other heirs of Alexander J. Leg-at
against the Butte Water company, Rod
D. Leggat and J. A. Coram to decide ii
tie to an eighth interest in $160, 900 WAS
commenced in Judge Lindsay's depart
ment of the district court Yesterday af-
ternoon. According to the papers in the
case, in 1896 Rod Leggat and ]. A. Coram
sold to the water company a placer claim
known as the Highland, located in the
Highland mining district. and, it is al
legged. received $1G0, eco for it. Later or
Ruth F. Leggat instituted suit to recov-
en- an. eighth interest in the sum realized,
claiming that the property had belonged
to Andrew ]. Leggat by reason Of the
fact that it had been located for him and
in his name by Rod u. Lt"gat in 1888
The latter alleged that he located the
ground in the am of his brother for the
sake of convenience only and that An
drew really had no interest in it. Fur
Their, that on one occasion the ground had
been allowed to go unrepresentnd for g
few years and was relocated by him, Roo
in 1896.
William Scallon and !. *. Mcdonald
appeared for the plaintiffs and John F.
Forbis, John Baldwin and c.. p. brennan
for the defense.