Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-07
MURRAY VS., TOMS
Motion For a NOn-Suit Over
ruled.
MELLIER MAY GET OUT
Of Jail-His Bond Reduced From ST.
900 to ST, OOO--Clark's Demurrer
Set For Hearing.

The suit brought by F. D. Toms of New
Jersey gains James a. Murray to COM
pei the latter to return to him some shares
of stock in the Pocatello Water company
had another airing in Judge Lindsay's
court this morning. 1t will be remem-
bered that when the matter was called
for trial yesterday the plaintiff was not
present and his attorneys had to dismiss
it. But Murray had put in a counter
claim to recover judgment against Toms
for an amount exceeding 800, 900 n it
was heard. At the conclusion Of plain
tiff Murray's testimony to-day the other
side made a motion for non-suit, but the
court overruled it and said he would hear
the argument Saturday.
Judge Clancy returned yesterday from
Wise river where he spent eight or ten
days hunting with Ex-Alderman r, NJ.
Campbell and a half-breed indian known
as Powell, who acts as a guide in that
country for men in search of big game.
Ihe judge reports having had a good,
hard trip, but it was not entirely unre-
Warded, as he brought back a fawn and
a 2-year old moose. Campbell got two
deer and the half-bred also two. The
hunters had their camp on Seymour
creek. One morning about daylight they
'teAA I TX apSA Va oOdl lIlOulltdlll,
where the indian said a flock of goats
numbering between so and 100 made it's
headquarters. 1t was thirteen miles up,
but Notwithstanding the great distance
and the difficulty Of reaching it through
the deep snow the judge made the trip
and kept up with the others, but on the
way back Campbell and the indian out
paced him. When they reached the
place where the goats We're supposed to
be there was neither goats nor goat
-:-,,~ I'll ,1~1, oxl l----u
a few days later.
The judge will open court on the 18th.
and order a jury. making the order re-
turnable on the 18th.
A complaint charging w. L. Eppinger
the theft of a typewriter was issued
by Deputy County Attorney Alley last
evening and filed in Justice Nichols
The accusation was made by a
named Karrtrofsky. who
stated that Eppinger had sold him the
machine for s12. 80. but afterwards it had
transpired that the property belonged
to Lieutenant Alex. Laist, who was then
doing duty as a soldier IN the Philippine
When Mr.. Laist returned to
Butte he found only the spot where the
find the machine. A short search re-
it in the p~awnshop. Explanations
followed and the complaint against Ep-
pinger was the natural result.
After being granted a divorce by Judge
Lindsay Yesterday. Neil r. Acker took
out a license to marry Maud Violet Smith.
a prepossessing woman who appeared as
a witness for him in the suit.
Justice Nichols issued a warrant late
yesterday for the arrest of D. L. Toomey
on a charge of assault in the third de-
gree on Annie T. Clarity, his sister-in-
law. Miss Garnity alleged that Toomey
had choked her because she ordered him
out of the house on which she and her
sister, Della Pitts, hae a lease.
The justice also issued a warrant for
the arrest of Frank Ryman a protege of
Toomey's, the charge being malicious
mischief. The specific act aid at Ry-
mans hands is that of throwing a flower
pot through n of the window lights of
the house.
The trouble is simply one of a chain
of little unpleasantries continually aris-
ing in connection With the estate of
i Katie Toomey.
Judge Lindsay made an order soi!ay
requiring NJ. H. Sander to furnish Bar
ney Call, as the administrator of the es-
tate of w. A.. Waller with an account
and statement of the partnership pusi-
ness existing between Sanders and Val
Ter at the time of the latter's dea tn. He
will have ten days in which to do it.