The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-10

ing and his coat was cut and his fara
bleeding from cut on his left cheek.
About a month later Mrs. Hamm was
| In Mrs. Westlake's house, and the 1at-
ter showed her $1,400 and said she had
a lot more In the house. She said
she got 1t as royalty from their mine
Mrs knowles, a daughter of Mrs.
! Hamm, also saw the wad and testified
that she knew the Westlakes at Ward
ner' idaho and three or four times saw
Westlake give his wife lot of money.
deposition of AL Page Of Wardner,
ldaho, was read. Page said he knew
Westlake when he was in the con-
.ractlng business there with one Oscar
Mason. The partners had a disagree
ment, and both being Odd Fellows,
they asked committee from the lodge
10 check up their affairs and take an
accounting. Page was a member of
the committee and he said they found
that the firm had done $4,000 worth
OF business in II months and their ex-
penses were $1,000, and the difference
of $4,000 was divided equally between
the partners. Westlake was also road
overseer for II months and received
$3.50 a day for himself and team.
A. j. Devlin, another member of the
Odd Fellows committee, gave testi-
mony similar to that given by Page,
which concluded the testimony for the
plaintiff.
Mcbride said Mrs. Westlake had lived
in Butte for 20 years and that her hus-
band was the only man who had ever
said word against her character. He
treated her cruelty and was sent to
Jail once for beating her, and, woman
like, Mrs. Westlake went to Helena
and pleaded with the governor and Sc
cured his pardon. The lots in question
Were purchased with her own money
earned by running a boarding house
in Meaderville, and she built the houses
in the same way. and from money she
received from insurance on her board
ing house. which her husband accused
her of having burned. Some of the
houses were built and paid for by the
rents from them, and all the money
Westlake earned was spent on him
self.
Mrs. Westlake testified that some
grocerymen started her in the boarding
house business. She told about get
ting a beating from her husband years
ago, for which he was sent to Jail for
80 days, the last 80 days on bread and
water. When he entered upon his
bread and water diet she felt sorry for
him and made trip across the range
by coach to see the governor and Sc
cured a pardon. She got a divorce from
Westlake about that time. He had
testified that the divorce was obtained
by agreement between them for the
purpose of Strengthening out some tan
gle in their matrimonial relations, and
she said she did not know why they
were divorced, anyway they remarked
few days later. Mrs. Westlake said
that at the time she purchased the
lots she was a sole trader and that
her husband contributed nothing to-
ward the purchase or to building the
houses. She conducted her own bust
ness and her husband carried on BUSH
ness of his own and used all his earn
ings for himself.
Mrs. Westlake said she met Westlake
in England in 1869 and said he was a
deserter from the English navy. A
number of other witnesses testified for
the defense. after which several testi-
fled in rebuttal that Westlake's reputa-
ton for industry and sobriety was good.
Mrs. Westlake's attorneys wanted to
instruct the jury that the plaintiffs ac-
ton for a recovery of the property was
barred by the statute of limitations, but
as that had not been pleaded the in
structions We're refused. The jury was
out about two hours and returned with
q general verdict for Westlake and also
decided that he should recover half
interest in lots IS, 10. 20, q and %, of