The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-06
BEFORE JUDGE LINDSAY
James M. Riley's Will a Proper
and Legal Document,
DID NOT PROVE CHARGES
The Jury Returns Verdict Against Mrs.
Mary Neutrality-suspicious. Was No
Undue Infiuence-A Plea in
the Tramway Case.

Judge Lindsay and a jury decided
yesterday that the will of the late
James NJ. Riley was in all respects a
proper and legal document and that the
contestant, Mrs. Mary Maddigan, a sis
ter of the deceased, failed to prove
any of her charges against the pro-
ponents, Mayor P. S. HARRINGTON and
his wife. The jury was out only a
short time and in a number of special
findings found that the will of August
ment of the decedent ana it bore his
genuine signature; that he was of
a sound and disposing mind when he
made the will and understood the ma
ture of the act he was doing and the
character of the instrument he was
signing: that he signed it of his own
Tree Will, and was not under the undue
influence. duress or fraud of p. s. Har-
rington, Kate Harrington. Annie Can't
well or any one else; that the will was
read to him before he signed it. and he
requested the witnesses to sign it and
they did sign it in his presence at the
same time and place that DR.. w. M
of DR.. Shultz, and the decedent knew
the contents of the will and declared
it to be his will in the presence of all
the witnesses. The jury in the case was
composed of John Atkins, Marco J.
Medin, jr., Alfred Trelowan, w. w.
Carney, Robert Turner. l.. o. Toole.
Adolph Reichle, John Powers, ]. ].
Murphy, John Fitzgerald, John w,
Shackleton and John D. Jones.
A ;a%
court made an order eStering Judgment
according to the jury's finding and tax
ing the costs up to the contestant. The
court said he was satisfied from the
findings that the will had been duly ex
ecuted and that the testator at the time
OF its execution was of sound and dis
posing mind and was not acting under
duress, menace, fraud or undue int1u-
ence.
In the suit of Clara A. Larkin and
Burdette O'Conner against the Butte &
Boston Mining company, one of several
suits to recover possession of tWo-thirds
interest in the Tramway and a half in
terest in the Snohomish which, it is al
legged, was purchased for an insufficient
consideration from James Larl1in while
he was laboring under mental derange-
ment. the defendant yesterday filed in
court plea as to the jurisdiction of the
district court. The plea sets up the fact
that similar suit. involving the same
property and questions, was brought in
the district court by Richard ]. Wat
son, guardian of Larkin, and which was
afterwards transferred to the United
States court. where it is now pending,
and that on Nov. l, 1898. F Aug.
Heinze, as administrator of the Larkin
estate, in his own name and for Clara
A. Larkin, began another suit in the
United States court over the identically
same matter. 1t is claimed that O'Con-
ner acquired his interest since the suit
was brought in the United States court,
Because of these facts. it is claimed,
the plaintiffs should not be allowed to
maintain the last suit.
William Courtney of Centerville YES
terday commenced a suit in the district
court against the county for $3.50 dam
ages, which he claims to have sustained
by reason of raise in the grade of the
county road, by which his store build
ing was left some distance below the
street. He also wants damages to the
amount of 500 month from Septem-
Der, 1885, by reason of damage to his
business.
In the damage suit of w. r. Benham
against the Standard Publishing COM
pany, the plaintiff yesterday filed an
amended complaint
In the estate of Alfred Boyer. Judge
Lindsay yesterday made an order au-
thorizing the administrator to lease
some mining property to r. L. Bailey
and others
A default was entered in the divorce
case of William Stark against Mary
Stark and the plaintiffs proofs were set
for hearing Saturday.
Judge Lindsay yesterday discharged
his trial jury.
Butte Optical Co, AZ w. Park, fits