The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-03

ANACONDA news.
IN THE DISTRICT COURT
Motion to Set Aside Information
in Conn Case Owerruled.
HUGH WHlTCRAFT ESTATE
r. De B. Smith Appointed Special Ad-
ninistrator-Caseo of John Marchion
VS.. John R. Walkup-Verdict in
the Meyer vs. Radefeld Case.
HUGH WHlTCRAFT ESTATE

Judge Napton held long and i'm
portant session of the district court
yesterday. In the afternoon a jury IN
the case of P. S. fancy VS.. Mary Vol
lenweider was called and the judge
then told the remaining jurors that
they were excused for the term. Judge
Napton thanked them for their good
work and their faithful attendance in
court.
v The case of W. r. Conn, charged with
the murder of w. B. Woolford at Helm
VILE was called at the opening of court.
The motion to set aside the information
was argued by Attorneys Rodgers q
Rodgers, counsel for the defendant, and
was overruled. The defendant, by his
counsel. excepted to the ruling of the
court A demurrer to the information
was then filed and the same set for
hearing this morning at $3.50 o'clock.
In the case of the state of Montana
ex rel John Marchion VS.. John r.
Walkup, treasurer of the city of Ana
conda, an action asking the court to
order the defendant to pay warrant
for 500, the application for writ of
mandate was denied. Upon the appli-
cation of the attorneys, so days were
allowed in which to prepare bill of
exceptions. The following offer was
made by the plaintiff and filed:
plaintiff offers to prove by compe-
tent evidence in this case that:
.On the LIST day of May 1899, the city
council of the city of Anaconda by a
roll call Of the ayes and nays ordered
its proper officers to cause to be issued
to one John Marchion, the plaintiff
herein. its city warrant for the sum Of
$780, payment in full for all claims and
demands then held by the said John
Marchion against the said city of Ana
conda
Then on the said LIST day of May,
1899, warrant was duly issued to the
said John Mafchion by the mayor of
said city and attested by the said mayor
under his hand and by the city clerk of
said city, and that thereafter, 'to-wit.,
on or about the End day of May, 1899,
said city warrant was presented to the
defendant herein, John R. Walkup, as
the city treasurer of said city, and that
the said John r. Walkup, as such city
treasurer, refused toNpay the same or
to make any indorseIfient ihereon that
the payment of the Same was refused
for want of funds, and that the said
warrant is still wholly unpaid.
''That the injunction in the case of
D. D. Twohy VS.. Oliver Lesser, mayor
and J. r. Walkup, city treasurer of
warrant and not in relation to the
warrant in question.
THAT the injunction in the case of
]. E. Mcdonald was issued out of this
court to restrain the same defendant
from the payment Of said warrant after
the writ of mandate was issued in this
cause. '''~' y - @''
In the case of Humphrey ONeil VS..
Thomas Boland ct al. the: motion for
costs for the defendant heretofore
submitted was sustained. The plaintiff
asked leave of court ITO dismiss the
cause without prejudice, which leave
the court refused to grant and the
plaintiff thereupon excepted to the
courts ruling.
The case of August Meyer VS.. B.
Radefeld, a suit to recover $500 alleged
to be due on a promissory note, was
begun and concluded yesterday, a YER
dict in favor of the defendant being
rendered by the following jury: Thomas
J. Strachen, Thomas Leary, Pat Walsh
Eric Laudette, Peter Assgard Thomas
McGovern, Nels N. Garvich, John Ho-
varth, J. P. Thomas, c. A. Mayer, ]
]. Kinvig and Daniel David. Attorney
James M. Self represented the plaintiff
and Walsh & James were attorneys fol
the defendant.
The case of P. S. fancy vs. Mary Vol
lenweider, an action to foreclose a me.
: chanics lien, was begun yesterday aft
ernoon. Walsh & James are attorneys
for the plaintiff. The defendant is rep
resented by Attorney ]. T. Casey. The
case will be continued this morning
The following jury was sworn: ]. j
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