The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-21

tracing any ores from within a desig
mated portion of the JohnstoWn lode
claim, but permitted the said defend
ant to conduct certain mining opera
tions in the locality mentioned in the
complaint filed in this action. If the de-
PENDANT named has exceeded the privil-
eye which was granted by the United
States court. that court. and not this,
would be the proper tribunal to apply to
for relief. The restraining order is dis
solved and the temporary injunction re-
fused
In the 100000 damage suit of Fred
Whitesde against the Miner Publish
ing company and others the defendants,
A. H Wethey and Alexander j. john
ston trustees, yesterday filed in court
a demurrer to the complaint on the
ground that it did not state facts sufli-
Gent to constitute a cause of action as
against them. The Miner and Editor
Sultzer made a motion to strike out
portions of the complaint, including
about all the allegations it contains,
especially in reference to the election of
a United States senator and Clark :
| candidacy for election, the investigation
of the bribery charges by the legislative
committee, the reference to the 100000
of bride money, the report of the COM
mittee-in fact. nearly everything al
legged by Mr.. Whiteside as relating to
the libel, not excepting the articles
published in the Miner. and of which the
plaintiff complained The court is asked
to strike out all those matters on the
ground that they are irrelevant and i'm
material, and that it is not libelous or
claimed to be so by the plaintiff or that
he was injured or damaged thereby.
Clayberg & Corbett, H. L. Maury and
Welcome q Roote appear as attorneys
for the defendants
Joseph P. Collins applied for letters of
guardianship of the person and estate
of Joseph Neeser. an old -itimer now "A
years OF age. Mr. Neeser had been prac-
tically in charge of w. G. Pfouts for
the part 10 or Is years and had deposit
ed with Pfouts such money as he had
been enabled to earn from time to time.
For The past two or three years the
old man has been more or less deaf and
has not been able to see well. For a
long time, according ITO the testimony
of M, Pfouts. he has INDUCED in the
use of intoxicants to excess and on one
occasion a short time since, when he
had been handed by Mr.. Pfouts. at his
own request, $500. he became imbued
with the idea of going into partnership
with third party and opening a scent
beer hall on East Park street. Mr.
Pfouts said he now had in his posses
sion about 500 belonging to Neeser and
he desired the court to appoint Mr.. Col
Inns, the public administrator, to act as
guar dian, as he desired to be relieved
of further responsibility.
Neeser was present in court and, tes-
tifying in his own behalf said that it
was lie that he was half blind and
at all deaf. He also emphatically de-
MED that he ever drank drop. Joseph
p Collins was appointed guardian by
Judge Lindsay and his bond was fixed
at the sum of $1,000
Philip s. c. Goodwin, special admin
lstrator of the estate of Charles Quinn,
deceased, in his suit against Bernard
quinn, yesterday petitioned the court
Tor the appointment of a receiver for
the partnership property of the late
flfm OF the Quinn Brothers, with power
| to bring and defend actions and take
charge OF the property, collect rents,
| etc. In the petition of the special ad
| m1nistrator the fact is recited that a
| judgment in the case has been affirmed
| by the supreme court, and the defend
| ant Is in possession of all the partner
ship property the rents from which ag-
| gregate about $500 month E. L, Chan
| man is suggested for receiver. and the
matter IS noticed for hearing next
| Wednesday,.
Among matters passed on by Judge
| Lindsay yesterday, We're the follow
| ing:
A. Johnson VS.. Joseph Volker ct al,
| motion to dismiss the appeal over
| ruled.
Omaha Hydraulic Pressed Brick com
| pany VS.. Charles Suffer- motion for new
trial overruled.
In the estate of Michael McNamee
an order authorizing and directing sale
of real estate was signed and the exc
! cutriX required to execute a bond in
| the sum of $500.
In the matter of the estate of Annie
Poller, a decree settling the final &C.
count of the administrator and order.
ing distribution of the estate was
| signed.
In the estate of Andrew J. Davis, de.
ceased, the third annual account of J
| II. Leyson, the administrator, was set.
tied, allowed and approved
The habeas corpus matter of James
w. Lacey, who has been in the county
| Jail since last October because of hi.
! inability to furnish a $500 bond to keer
the peace, came up before Judge Clanc,
| yesterday for hearing and the defend
ant was ordered back to Jail. Chic
Deputy County Attorney Kelley was
| inclined to agree with Lacey's attor
| ney that the petitioner had been in jai
iplS ellouSH, Dit llle COURT uiun agree
| with them, and said peace bond ral
for a year, and to his way of thinkin&
the accused would have to stay in jai
| that length of time if he failed to fur
nish a bond. Lacey's attorney ais,
| alleged defects in the commitment ant
Judge Clancy said he would hear argu
| ments on that question next Satur
| day.
The case of John NJ. Steward ant
others against John G. Holland. coun
ty treasurer, an action in regard t.
taxes, was submitted to Judge Lind
say yesterday on an agreed statemen
of facts and by the court taken unde
advisement.
The inventory and appraisement il
the estate of Jane Davis deceased, wa
! filed yesterday in the office of TIL
clerk of the district court. I set
| forth that she left personal propert.
of the value of about 5000 and no rea
estate. She was the widow of JOIN
A, Davis, who was a L>'ther of An
drew ]. Davis. deceased All the prop
,,,rt I L., %