Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-06-16
HEIR CASH
J. A. C0ram Brings Suit to Get
Hold Of $4,000 Of It.
YOUNG BOOTH ON TRIAL.
He Struck Oscar Paul With a Billiard
Cue--COurt Now Making a
Pass at Him.

Another law suit growing out of the
estate of Andrew j. Davis 1oated to the
surface in the district court today. The
| plaintiff in the action is Joseph A. Coram
| and the defendants Andrew j. Davis and
! C. H. Palmer. as trustees for the heirs;
| the amount for which judgment is de-
manded, 50 5.7l4.32.
In the complaint the plaintiff alleges
! that under the terms of an agreement
entered into among the heirs of the es-
tate concerning the manner in which the
! property and money of the dead million
aire should be divided, $500, 900 was, in
! August of 1897, placed in the hands of the
defendants as trustees for Henry A.
Root, Ellen S. Cornue, Sarah NJ. Cum
mings, Elizabeth S. Ladd and Mary
Louise Dunbar; that the defendants paid
$34. 2S5. 6S to Root, Cummings and Cor
nue., leaving a balance of $25, 714.32 to be
paid to Ladd and Dunbar; that the trus-
tees We're ready and willing to pay the
latter, but there was no duly qualified
person present to receive and receipt for
it; that they said they would pay it
when requested to do so. Continuing, the
plaintiff states hat on November %, 1898.
he, as the owner of the claim. demanded
the payment of the money, but the de-
PENDANTS refused to comply. He asks for
judgment for the principal and interest
from November 25 of last year.
When the case Of the state against Will
liam Booth, charged with having struck
Oscar Paul or the head with the bust
ness end of a billiard cue along about
April 30, was called in Judge Clancy's
court this morning, it was discovered that
none of the witnesses for the defense We're
present. This knowledge was impaired
to the judge M it created something of
a stir.
This 10 no way to practice law" said
he.
1T is not my fault" answered John B.
McClernan. who, with w. J. Naughten,
represented the prisoner. II think they
will be here by the time We are ready for
Them
DO you want attachments for them? ?"
NO: 1 think not"
Very well. I'll serve notice on you
right now that I'll not wait for them.
Criminal matters are conducted here in
the most SlipshOd ann l have ever
seen. In the language of Davey Crockett,
Be sure you're right, then go ahead.''
After a little parleying it was decided
to proceed with the case and take chances
on the absent witnesses coming into
court.
Only a few minutes time was con-
sumed in securing a jury composed Of the
following persons: W. r. Schweinfest,
j.. G. Hoar, W. F. Griffith, Patrick Har-
vey. Michael Riley. r. N. Rand, r. c.
Levin, j. kincaid, Daniel Cameron, Chris
Christianson, r. w. Whitman and John
Roberts.
T.. j. Murray, physician and surgeon
testified that he had attended Paul, hav-
ing been called May 1. The right side of
Paul's skull was crushed and he had
taken from beneath it a clot of blood as
large as a half dollar. That class of
wounds, he said, were always dangerous.
They might result in death or a perna-
nent disorder of the mental faculties. He
did not believe that one such as Paul re-
ceived ever left a person as sound as
before.
Paul stated that the assault had bee,
made on him in Fitschen's saloon abou;
2 O'Clock in the morning. Booth and him
self had been playing pool for a dollar a
game and a dispute over the count arose
between them. Words We're banded and
witness invited Booth into the alley at
the rear to settle it. He then turned and
started towards the rear door, but just
as he took the second step Booth struck
him with the cue and laid him out.
Paul further said he was "a years old
and prior to the assault was engaged in
engineering a delivery team for one OF
the messenger companies. Since June /,
at which time he came out of the hos
pital, he had done nothing, as he was
partly paralyZed. He could not use his
right hand, and when he raised from a
STOPPING position experienced a dizzy
sensation.
On cross-examination Paul said the
trouble started over a point he had taken
in the game. Booth had claimed that it
did not belong to him. Asked if he had
not called Booth some bad names and
lone all the quarTeling himself, he an
swered that he had not: that words of
the character mentioned might have been
exchanged. His challenge to Booth con-
corning the trip into the alley meant
fight.
Fred Mclaughlin said he had seen the
trouble. his attention being first attract
ed to it by an exchange of the word
liar" He had heard Pau extend Booth
an invitation to adjourn to the alley and
settle it, and seen the latter take the
small end of the cue in his hands and
strike Paul with the large end. After the
blow had been delivered Booth had
dropped the cue on the floor, put his coat
on and started to leave the room via the
front door, but the barkeeper stopped
him, and he turned and escaped at the
rear.
The defendant testified in his own be-
half. Ee said he was IS years old and
had made his home with his brother-in-
law, on West Silver street. He admitted
having struck Paul, but said the latter
had cheated him in a game of pool, called
him vile names and challenged him to
fight. He had no intention of killing
Paul, but as was drunk he cOnsid-
cred him dangerous.
This settled the testimony for both sides
and an adjournment until 9 O'Clock was
taken.