The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-12-19
A Replication Filed in the Simp-
son Divorce Case.
CASE NOW ON ITS MERITS
Plaintiff Denies That He Is Earning 500
Month-Order to Show Cause
in the Wetzstein Case
Continued


Simpson by default in a suit in which
he charged her with desertion. But a
few days ago Judge Lindsay set the
default aside, and the case Is now up
on it's merits. In his replication the
plaintiff admits that he is an able
bodied man, but denies that he is earn
ing 500 month or any other sum. tie
also denies that he controls any prop
erty or an interest in anv property of
any kind or description whatsoever
His wife alleged in her answer, filed
after the reopening Of the case, that
she is a resident Of Montana and thar
her absence in Missouri, upon Which
the plaintiff founded his charge of de-
sertion. was temporary. . THIS thf:
plaintiff also denies in his replication,
as to both particulars. He further
traverses the ladys statement That she
is in INDECENT circumstances, denying
that she is dependent upon Kindness of
her friends or anybody else for main
tenance, save and except her own eXer-
tons and labor. Wherefore he prays
judgment in conformity with his COM
plants.
The order to show cause in the case
of Adolph Wetzstein against the Bos-
ton & Montana Mining company, in
which the plaintiff asks for receiver
and an accounting for the tComanche
mine, had been set for hearing before
Judge Lindsay yesterday morning, but I
was continued until Wednesday after
noon at the request of the defendants
| attorneys. The latter fled a demurrer
| to the complaint in the case and asked
t, have that heard first, claiming that
| If the demurrer was sustained 1t
| would settle the whole case. j. J. Me.
IT ~f 81 ~1,tr rlN
| jected to taking up the demurrer before
| hearing the order to show cause The
| judge stated that he would hear both
| at TIL" same time and then The after
| lieys for the defendant asked for 4
| short continuance to prepare f)r the
| hearing, and Mr.. McH astDA said thec
| IL continuance for any length Of time
was granted he would ask for a re-
straining order against the defendants.
| Attorney Evans said he thought the
| request for restraining order under
| the circumstances was almost humor-
Gus. The suit was simply a reitera
| ton, he said, of the allegations of the
| suit of WetZstein against p A. Largely,
which was tried some time ago and de-
| cided against Wetzstein by the court
| and jury. The aim of the present suit
| is to get receiver appointed for the
| property pending the PLAINTIFFS appeal
| in the former case. the facts in which
were fully adjudicated, as far as the
| district court is concerned. Judge
Lindsay said that to his mind the only
question to be determined was whether
the court, having passed on the facts in
| the WetZstein-Largey case and decided
| in favor Of the defendant, could now
| listen to an application on the part of
the plaintiff for the appointment of a
receiver pending the appeal to the SUI
preme court. When the matter is
| heard on Wednesday it will be simply
| on the question of law outlined by the
| court.
r Daniel Lucey, convicted of murder
and sentenced to be hanged in Janu-
airy, yesterday filed a notice of appeal
| in the district court; also a notice to
| Clinton c. Clark. clerk of the district
| court, asking him to prepare a tran
script on appeal The first notice is d.
| rected to County Attorney Connolly,
Sheriff Regain and Mr.. Clark, and
states that the defendant appeals from
| the Judgment and sentence of the court
and the orer denying him a new trial.
In the case Of Albert Weinberg
| against Frank W. Warnock an af1i-
davit and an order directing the de-
PENDANT to appear in court and submit
to an examination as to his property
! were filed in the district court.
/ "A iollCe OI IL 1lpt1On IOf a commas
sion to take deposition, and an order
for the commission, in the case of Leo
pold against Minnie Lange were filed
IN the district court yesterday.
Emma Miller yesterday filed her an
| sWer in the divorce case brought
against her by her husband Ionic Mil
Ter, Ionic alleged in his complaint that
Emma deserted him and he was all
alone In her answer, Emma denies
all the allegations in Lonie's complaint.
she admits that she was married to
Ionic, as his complaint alleges. But
she denies that she at any time will
fully or without cause abandoned the
plaintiff or refused to live or cohabit
| with him, without cause or otherwise,
or at ALL" She says the issue of the
marriage was one child, and as a cross
complaint alleges that Ionic wilfully
| deserted her on Oct. /, 1897, and has
| ever since refused to cohabit with her,
| and has not lived nor cohabited with
| her since his desertion Of her She
| says she has no money nor property
and prays the court to give her judg-
ment for $500 attorneys fee, $50 a month
as an allowance to support herself and
child during the pendancy of the suit,
and permanent alimony of $50 a month
Also she asks for the custody of the
child, and the restoration of her maid
en- name of Emma Stowell.
In the case of J. H. Maloney against
| Silas F, King ct al, the defendants
filed in the district court application fer
an order to do development work and
an order requiring the plaintiff to APP
pear in court and show cause why the
f1rst-named order should not be grant
ed. The order to show cause was sign
ed by Judge Clancy, and the motion
will be heard by him at 8 o'clock to-
morrow morning. The suit is an old
one, having been brought last summer.
| The affidavit filed states that on Aug.
s. 1899, an injunction order restraining
the defendants from mining in certain
ground under dispute was issued. and
asks that it be modified so as to en-
able the defendants to do certain nee
| essary development work. 1t was
sworn to by Wakeman Sutton, one of
the defendants. The plaintiff owns the
| Plymouth claim and the defendants the
Silver King. and the veins in dispute