Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-31
imposed Upon the Anaconda
Mining Company
CASE TO BE TESTED o
Legality of the Law to be Attacked
Fore and Aft.-Other
Court Notes.

AS a result of last weeks trial OF the
! suit involving the failure of the Ana
conda Mining company to provide its
mine shaft cages with bonnets and safety
doors, Judge Clancy fined the company
! $500 today. This is the minimum PEN
atty. In rendering his decision the judge
said he understood it to be a test case
lone that would be appealed to the SUI
| preme court for final determination, and
he would therefore impose only the min
imum fine.
The case will be appealed on the
ground that the law is invalid because the
title of the act does not correspond with
the contents of the body.
G.. r. Shadwell, the slayer of Martin
O'Connor, and Dan Lucey, accused OF the
murder Of Patrick l.. Regain, We're in
Judge Clancy's court this morning. The
former was there for the purpose of hav-
ing his case set for trial., but on account
of the absence of his attorney from the
city the matter was continued until next
Saturday.
Shadwell does not look any too we'll.
His face is pale and thin, but whether his
appearance is due to long confinement or
other cause is not known to anyone save
himself. Since the key was turned upon
him on January II, 1898, on which date
the tragedy occurred, he has grown a
small mustache.
This was the day on which Lucey was
to make his plea, but when the matter
was called his attorney, z. T. Cason, pre-
sented an affidavit made by Lucey him.
self. 1t was in support Of the motion to
strike the information from the files on
the ground that when Lucey waived his
preliminary hearing he was not repre-
scented by counsel and knew not what he
was doing. In the document he says he
was taken before a committing magis-
trate and asked if he would waive the
preliminary hearing. Ee had replied
that he would, but as he was not repre-
scented by counsel and was short Of
means with which to employ one, he
thought "waiving' meant the postpone
ment of the hearing until some future
day.
A demurrer accompanied the motion
and affidavit. 1t stated that the infor-
nation did not state facts sufficient to
a cause of action against the
defendant; that it was ambiguous, unin-
telligible and uncertain because It did not
show by wha. means or in what manner
the alleged death Of Patrick y. Regain
had been accomplished.
An Information charging William
Booth with assault in the first degree
Oscar Paul on the Goth of April was
filed by the county attorney this morn
ing. Booth is accused of having struck
Paul with a billiard cue. The latter's
is said to have been fractured.
The court appointed w. j. Naughton to
defend him. Booth told the judge he
would soon have money with which to
employ his w counsel, but the court
answered that the judicial machinery
could not wait. The defendant will
max his plea next Saturday.
The public prosecutor also filed two
other informations, one of which charged
Thomas Sadler with assault in the first
degree on Patrick O'Connor on the 5th
of April, and the other stated that on the
2eth of March Elmer Ensminger and
Peter Normandie had burglarized the
cabin of j. D. Mudd near Clark Bluff,
in this county. Sadler, it is claimed, took
three shots at O'Connor in a Centerville
saloon as a result of trouble growing out
of the refusal of the latter to listen to a
narrative with which a party Of loungers
was being RECALLED by Sadler.
The case Of the State against George
w. Nicholson, charged with having shot
and killed James Wilson in defense of a
woman in this city a few months ago,
was called for trial in department No. 2
of the district court today. At the morn
ing session the following jury was Sc
cured, after which an adjournment until
2 o'clock was taken: Dan Cameron,
James Naughten, Michael Riley, John
Morgan, John Riley, Patrick Harvey, r..
NJ. Campbell, w. E. Scheinfest, Chris
Christianson, w. P. Griffiths, John Rob-
inson and A. J.. White.