Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-17
Alleged Damage Inflicted by a
Runaway Horse.
BEING AIRED IN No. ONE
Samuel H. Stewart Demands Judge
ment Against the Singer Com
pany for $4,000.

6dmuol II. stewart against the Singer
Manufacturing company for injuries al
legged to have been received by the plain
tiff as a result of contact with a runaway
horse belonging to the defendant was
called for trial in Judge Lindsay's court
this morning. The plaintiff is being rep
resented by Attorneys Sinclair n Dy-
CERT; the defendant by Hamilton &
Thresher. The mishap occurred in Main
street on the Sth of February, 1896, and
the plaintiff claims that it was the result
of negligence and carelessness on the
part of the defendant. In making the
opening statement to the jury Mr.. Sim
clair stated that his side would show
that at the time Stewart was hurt he
weighed 100 pounds, n was leading a
clean, decent and wholesome life: that his
blood was pure, his bones good, his mus
Giles taut and his general system in excel
lent condition.. while today, as a result
Of the accident to him, he was sparring
death. He was also then receiving 5000
per month for his services as foreman at
the Moulton mill. The nature of plain
tiff's injuries We're described and then
John Bailey, who had charge Of the
horse and buggy that did the damage,
told what he knew about it. He said he
had been in the employ Of the defendant
and was, at the time of the occurrence,
delivering goods at a house in the Clear
Grit terrace.
While the testimony was being taken
James H. Lynch. one of the witnesses
for the plaintiff. and L. J. Hamilton, one
of the attorneys for the defense, ex-
changed words over a question in con-
nection with it, but they We're not warm
enough to cause further trouble.
Tho emf will nrOh1 h1x, mt hn uivan m
the jury until tomorrow, but there is a
possibility that it may be finished this
evening.
Mary Abanack called at the county at
torney's office this morning and accused
Mike Sinkavis or Andy with having
kicked her in the stomach at a dance
Saturday night. She said the only reason
he had for the assault was the fact that
his wife and herself had fallen out over
some clothes. a complaint charging the
accused with assault in the third degree
was issued.
The suit brought by John McCready
against James E. Keenan, to recover
Judgment for 81, 1909. 35 was dismissed in
Judge L~indsay's court today. A settle-
ment between the parties had been eff
fected on a basis of a confession of judg- |
ment for the full mount.
A complaint charging John Donahue
with assault in the third degree on Max
Siegel was issued by the county attorney ,
and filed in Justice Smiths court. The /,
affair is said to have been the result of
a job of tailoring.
A complaint accusing Frank Burke of
burglary was also issued and filed in the ,
same court. Burke is alleged to have en-
tered the rooming house kept by Mrs.
Matilda Wickes at 145 East Galena street
and taking a gold watch.
In the suit of Lena Ella Herne VS..
Philip Herne. the motion for alimony has
been heard by Judge Lindsay and sus-
tanned. BY it the defendant will be COM
PEELED to pay his wife $40 per month from
July l and an attorneys fee of $3.50
within ten days. That part of the mo-
ton relating to the payment of 800 with
which to defray the expense of witnesses
has not been disturbed.
The proposed lessees in the matter of
the lease on the Burke n Balaklava
mining claims have failed to file their
amendments to the executors bill of ex- |
ceptions within the time allowed by law.
The case will now go to the supreme
court.
DeiPhlS j. 1laTd mas Deen appointed
administrator of the estate of Stanislaus
Hirbour and his bond fixed at $15, 900.
The estate is said to be valued at $12O.-
900.
A petition for the partial distribution
of the Largely estate has been granted by
Judge Lindsay. The sum to be handed
around is sl50, 600, of which $43. 49,. SO Is
will go to Mrs. Lulu r. Largely and $2l,-
c66.6 % to each of the four children.
The court has granted the application
of the Silver Bow Gold and Precious
Stone Mining company for an order of
dissolution. Judge Lindsay heard the
testimony.
Use Gebo Coal. J. Q. Goss Jr., State
agent. 81 Silver Bow Block. Tel 357,
PERSONALS