Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-17

10 no 1ault OF the architect, owner or
any person employed upon the said
building at the date of the falling of the
, same"
This finished the plaintiffs side of the
case and the defendant gave notice of his
intention to move for a non-suit, where
upon the judge excused the jury until
| 2 o'clock.
The motion was then presented by Mr..
Cotter. 1t was based on the allegation
that the WOrkmen We're all fellow-ser-
wants and as such assumed the risk en-
tailed in the class of work in which they
were engaged; that d. X. Whitney was
only a foreman for Architect Patterson
and had nothing to do with Mr.. Open
heimer.
In the suit of Charlotte S, Eager VS..
Antoine Strasser a stipulation of dismiss
sal was filed in court to-day. Similar
action was taken in the suit of Strasser
against James J. Eager and Charlotte
Eager.
Judge Clancy to-day signed an order
temporarily restraining Mary Mcdonald
from attempting to satisfy a Judgment
obtained by her against Jessie G. Knox
on the 25th of last March.
J. P. Collins has filed an inventory of
the estate of Thomas e. Finnegan, The
total value is $21, 539 cash. He also made
a return in the matter Of the estate of
Edward Shields, which shows a balance
of 1915.
Judge Lindsay's motion calendar to-
morrow will be as follows:
Ten O'clock-State ex rel. Missouri T.,
Barnhill VS.. John Conley, sheriff of Deer
Lodge county; hearing of petition for
writ of habeas corpus.
Libbie Newberry VS.. X. j. McRae ct
al. plnfinn RI StrtHn nt,l rontinr tn AK,
solve restraining order.
Estate of Hale minors; petition for let
ters and return OF citation.
Two o'clock-Henry Tobin, minor; Pc
tition for letters of administration.
Marie Byrne VS.. Nicholas Hughes ct
al: motion to strike.
Ella Pearce VS.. Harry Pearce; demur-
rer.
James r. Boyce, Jr. VS.. the First Ma
tiOnal bank: demurrer.
Hollis Johnson VS.. Bertha johnson;
return Of citation.
Peter Foley VS.. Joseph B. Fagin; plain
tiff proofs.
A. oaner VS.. Betsy Hartman ct al;
motion to tax costs.
Emma Courtenay VS.. VIM. Courtenay;
order to show cause.
r. Coombe ct al VS.. Jessie c. Knox;
demurrer and application for leave to
file an amended demurrer and objec-
tons.
Estate VIM. H. tS%chleigh; order to
show cause.
Estate Joseph Giroul; petition for dis
tribution.
John Kelly and J. r. O'Brien, who
were found by a policeman with a pair
of shoes and a dem!iohn of whisky in
their possession a few days ago and ar
rested on q charge of having stolen prop
erty in their care, were ordered ont OF
the custody of the sheriff by the county
attorneys officers to-day as there was
nothing to show that the men did not
have a good and valid right to the prop.
erty.
The work of selecting a jury in the
Shadwell murder case was resumed in
judge Clancy's court this afternoon
Owing to the fact that so many men have
read accounts of the case and have form
ed opinions bearing upon the guilt OF
innocence of the accused, slow progress
in obtaining the eQuiSite twelve is be-
! ing made.
Judge Lindsay discontinued the regu.
lar court business at 4 O'Clock yesterday
afternoon and with a commission con
sistinS Of Drs. Turner, Mcdonald and
!, DOnneIly examined into the mantal con
dition of james Graham. rahan wa:
- pronounced insane.
DIR. Sheerin stated that about two
weeks ago he had visited Graham in {
~ ~, t'''h7 iisNt " AJAX ait@ iiS
from the effects Of an Authorization tina
I he was being persecuted; that men hat
, been following him for three years AND
> he had to keep on the move TO avoid con
= tact with them. Graham's mother hat
!, told him he had been wrong two years
She resided on a ranch near Miles City
, From the lodging house, Graham. hi
said. had been taken to the Sisters hos
pital, as he was also suffering from The
effects of q slight touch of pneumonia.
County Auditor Griffin said that las
. Tuesday afternoon Graham's mothe
had called at his office and told him he,
son was insane at the Sisters hospita
and she wanted him sent to the asylum
He had gone to the hospital and see,
Graham.
Under Sheriff Murphy said he had seel
him at the same time and he had an
C sWered questions quite inteili&ently
Graham's mother was there and sai'
0 that about three years ago her boy ha'
fallen and Injured his head and he ma
0 not been right since then. Graham nae
he said. came from Billings and he Wa
C not sure then whether it was a case 10
Billings to handle or the court here.
Graham testified in his own behalf an
answered all questions promptly. II
q, said he had been born in Scotland 2
!, years ago. and had no recoilsctian OF tn
q fall to which his neither had alluded
g Some one was following him around, h
said, but he had never seen him. He ma
been working for his uncle at Flat Wi
low ranch, in the eastern part OF th'
state. He said he could not go any
uhoro in P,tte hut what some one dOpe(