Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-02-16
In Connection With the Can't
erS-L0Wry Suit.
ONE TO SET ASIDE VERDICT
And the Other in Opposition 70 It,
Y The Latter Won OUT
SUIT on Note.

Two motions bearing upon the verdict
rendered in the damage and possession
suit of J. j.. Gamblers against William
Lowry, w. B. Hamilton and others in re-
gard to the Gamblers mine We're submit
ted to Judge Leslie this morning. One
was to adopt the findings and general
verdict of the jury, which We're in favor
OF the defendants, and the other was in
opposition to it. There were three clauses
in the special findings upon which the
plaintiff thought the court would be JUS
tfled in setting aside the verdict and de-
iding that the plaintiff was at least en-
titled to possession of the property at the
time the suit was commenced. In one of
the clauses of the lease between Cam
bers and the defendant it was stated that
l0x10 timbers should be used in one of the
! cr~osscuts. The plaintiff maintained that
4x10 timbers We're used, and for this rea-
son the finding of the jury on this point
should be set aside. Then there was a
contention over the manner in which
some of the mine work should be done.
No further arguments We're made on
any of the points, but the ground for the
motion to set aside the verdict was COW
cred in a general way.
In passing upon the matter the judge
said that evidence on the timbering had
been submitted by both sides. but it APP
peared to him as if that for the defense
was in preponderance. There was, he
said, no complaint between the special
findings n general verdict hat he
could see, and he would therefore adopt
both n issue an order to that effect.
James X. Heslet has commenced suit
against Hezekiah Roudebush to recover
judgment for $12. 607.1 In his complaint
he alleges that on june s, 1891, Roude-
bush and w. H. Young executed a prom
issory note for s13, S31. O5 and turned it over
to Clark Bros, the bankers The ma
turity life of the document was four
months. On May 20. 1898, Young paid the
note, together with IL per cent. interest,
making a total of SOS, ga sc. February 4
Of this year Young transferred the ac-
count to Heslet and the latter instituted
suit against Roudebush to compel him
to pay his half of the total.
Mrs. Lulu r. Largely began an action
in the district court last evening against
the Butte and Boston, Boston and Mon
tana, Dennie Farrell, w. w. SHETLAND,
John r. Baldwin and Emma L. Baldwin
to compel the defendants to deed her a
quarter interest in the Dayton lode claim
in pursuance with an agreement alleged
to have been entered into between some
of the defendants and P. A. Largely, II.
H. Zenor, d. N. Upton and others on De-
cember %, 1888. According to the COM
plant Zenor and Largey were to each
get a quarter and Upton a half.
Mrs. Jane Fisher of East Park street Is
an inmate of the county jail and Will stay
there until such time as her mental con-
dition can be inquired into by a commits
| sion of physicians. She was arrested at
her quarters in East Park street yester-
day.
The state closed its side of the Shafer
murder case yesterday afternoon and the
defense began submitting testimony i'm
mediately afterwards. The prisoners
reputation prior to the time he shot and
killed Hawkins was legally assayed and
found to be 1893 fine. He had been a SER
vant at the Silver Bow club and this fact
enabled his attorneys to call to the wit
ness stand men who knew him outside of
the realms of the Swim saloon where the
murder was committed. They testified
that his reputation was good.
WI Naughton testified that while
dealing out justice from the bench in the