The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-02-12
IN THE DISTRICT COURT
a. Supplemental Reply by Ad-
ministrator Leyson.
DlSBURSED A MILLION
Another Chapter in the Westlake Di-
vorce Suit-Motion for New Trial
in the Cattle Stealing Case
OF Henry Schnepple.

j. H. Leyson. administrator Of the
Davis estate. yesterday made an amend
ed and supplemental report to the court
in which it is shown that the estate
owned 700 shares of stock in the old
Butte Hardware company, but the as
sets and liabilities of the company are
! unknown. The administrator reports
! that the affairs of the estate in Massa-
chusetts are now in the supreme court
Of that state, but the money and assets
. have been turned over to the admins
traitor, to hold them pending a decision
of the court. The administrator also
has in his possession 100 shares of stock
of the First National bank of Butte. He
had some difficulty in obtaining the
stock, as 20 shares of it were held by
S. T. Hauser of Helena under certain
agreements with A. ]. Davis during his
lifetime and Hauser made some claim to
the stock, and when the First National
! bank of Helena went into the hands of
a receiver he made some character of
transfer of the stock to the receiver.
The administrator notified the receiver
of the fact that the Davis estate claim
transfer from Hauser was not valid.
The receiver refused to redeliver the
stock. After several consultations it
became apparent that nothing short of
a long and expensive litigation could
recover the stock, and on the advice of
his counsel the administrator decided to
purchase the stock from the receiver at
a compromise, paying him $4,000 for it.
AS a settlement of all disputes Hauser
ga n a1y iStr "a tnr fpr
$4,000 and gave as security 200 shares of
stock of the Helena & Frisco Mining
company. The administrator also re-
ports that he has received 5000 as four
dividends on the 100 shares of stock of
the First National bank of Helena, the
dividends having been declared before
the death of Davis. The administrator
total disbursements amount to $1,005,-
!. 47329, and the total receipts were
4 81, PISA leaving a balance of $212,-
1883 in his hands. T. M &
Robert Mcbride and en- Parr, at
torneys for Mrs. Westlake, have pre-
scented in court asn1o.ionfor leave to file
an amended answer in the divorce case
before a decree is entered on the YER
dict of the jury. The proposed answer
will plead the statute of limitations
against the woman's husband, who sued
4 for and was given half of all the prop
1 erty standing in her name. A motion
was also filed asking the court to make
a lot of special findings, which the jury
had neglected to do, and to give Mrs.
Westlake a judgment Notwithstanding
the verdict of the jury. The matter will
be heard next Saturday.
a@s The motion for a new trial for Henry
j. sSchnepple, who was convicted Of cattle
stealing nearly two years ago, was again
s; continued until next Saturday at the
L request of w. B. Rodgers, the special
prosecuting attorney in the case who
could not be present yesterday. Schnep-
pies attorney opposed a continuance,
but the court was of the opinion that
Schnepple would not suffer much by
another weeks delay, considering the
fact that he was out on bail and his
j case had been allowed to drag along
for year and a half.
II A motion for Judgment on the plead
ings in the case of Charles Kellogg
against w. w Vision had been set
for hearing and Attorney Healy, who
had made the motion, said he did not
care to take it up in the absence of
Mr.. Bachelor, the attorney for the other
side. Judge Clancy, however, was OPP
posed to continuing the matter
Does your honor want to hear it ?''
asked Mr.. Healey.
. mo, I don't want to hear anything"
said the court. Judgment is given.
He can come in and move to open the
case; maybe I'll hear him and maybe
won't"
In a suit of L. E. Cassidy against H.
L. Maury and others a demurrer of de-
PENDANTS was, by consent, sustained