Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-09-25
WOES
Says it is a Case Of Too Much
Mother
DEATH WARRANT DRAWN
In the Case of the State Against Dan
iel Lucy--Rancher0 Park
Troubles.

John F. Kennedy filed an answer today
to the suit for divorce brought against him
by Ethel NJ. Kennedy. He admits the mar
rlage at Portland, Ore, on April 20, 1898,
but denies that he ever treated her in a
cruel and nhuman manner, as alleged by
her in her complaint; denies that on or
about February 20, 1899. or at any other
time or at all he kicked her out of bed and
compelled her to sleep on a couch; denies
she was subjected to exposure of any kind;
denies that on June . of this year, or at
any other time, he caught her by the hair
OF the head and dragged her about a room
OF their dWelling; denies that he bumped
her head against the wall. Kennedy al
leges the facts to be that on or about the
latter date the plaintiff and her mother will
fully assaulted him, beat him, pulled his
hair and otherwise maltreated him, wind
ing up the attack by driving him from the
house.
Kennedy further alleges that the personal
property which his wife claims was bought
with her money or money furnished by her
mother was bought with his money. and Is
now in the possession Of plaintiff and her
mother. He denies he is ia the employ Of
the Montana Music company, but, on the
other hand, is out of work; that he treated
his wife properly and they lived happily
together until the arrival Of her mother
in Butte and her admission to the family
circle: that plaintiffs mother melted her
TO acts Of indignity and cruelty towards the
defendant, subjecting him to a premedi-
tated and wilful system Of persecution and
annoyance.
In closing the answer Kennedy says his
wife and her mother. on June ) Of this year,
not only pulled his hair out by the roots,
but also drove him from the house with a
club and refused TO allow him to see the
baby.
Judge Clancy appointed w. ]. Naughten,
Samuel Mulville and Thomas Stephens to-
day as commissioners to appraise the value
Of property sought to be condemned by the
city. TIL defendants in the action are Sid
don, E. W. Thomas. Cyrus Simons, ]. f.
McGovern, F. B. G.. Goodwin, John e.
Evans, Mary Evans, Elizabeth Ann Brew
and the Parrot Mining company.
The Davis & Wednesday, company filed a
suit in the district court today against
John Deylin, J.. S. Hatch, "; ]. Guthrie
and the Silver Bow Jockey club to recover
Judgment for ss1.7 and an attorneys fee Of
Sltn. The plaintiff company alleges in its
complaint that il furnished material used
in the construction of the buildings Of the
jockey club at Ranchero park and has not
been paid for it.
The suit between the Montana Ore Pur-
chasing company and the Boston & Mon
tana company to determine the ownership
of the veins of the Pennsylvania claim is
still moving along before Judge Clancy, sit
ting as a court of equity. So far five wit
nesses, three Of which are experts, have
been examined in behalf of the defense.
When court adjournd last Friday William
Braden Of Helena. one of the youngest mine
experts and engineers In the state, was
on the witness stand. He has an office in
this city and is employed by the Boston &
Montana company in this suit.
Thomas M. Patterson, the Denver mine
attorney, conducted the direct examination
of Mr.. Braden, and Attorney Hughes, also
of Colorado. looked after the interests of
the plaintiff. The cross-examination of the
witness was resumed this morning. Mr..
Braden first explained the method used by
him in computing distances in mines. par
ticularly the workings of the property in
controversy. and then answered questions
concerning other matters bearing on the
case. Progress was slow. Asked as to the
strike of the east and west faults at the
2~5O-foot level. the witness said the east
fault seemed to be about 80 degrees north
and the west about %. On the aO-foot level
the west fault was about "a degrees and the
east fault 80 degrees.
In the matter of the DAMAGE suit Of
Samuel H. Stewart against the Singer Man
defendant asked for and was granted by
Judge Clancy today thirty days additional
time in which to prepare a statement and
bill of exceptions on motion for a new
trial.
This is the case in which the plaintiff
secured judgment for 5000 for injuries al
legeu TO nave DetH SuSldlIleu ny It'll ny
being run down by the delivery horse be-
longing to the defendant. On the day the
. judgment was signed Stewart died of pneu-
monia. The estate left by him is valued at
about $4,000. This amount includes the
judgment.
A complaint charging Charles Rickman
with assault in the third degree on Joseph
Kunz was issued from the count attor-
ney's Office today and filed in Justice Bliss
court, According to Kunz's account of the
affair Hickman used an AK. He said an
other man and himself had bought Rick
mans interest in the contents of a cabin
! on Ohio street and after the deal had been
closed Hickman claimed that the stove had
not been included in the sale. He swung
an ugly looking AK and threatened to land
the business side of it on the heater unless
he received extra pay for it. kunz wanted
to arbitrate, but Hickman would not stand
it and gave kunz a swipe that made his
face ache.
In the case of the State vs.. Daniel Lucy,
convicted of the murder of Patrick L.
! Reagan, the death warrant was drawn TO-
day and will be used in court at $3.50 O'Clock
tomorrow, at which time Judge Clancy
will set a date for the execution OF the
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