The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-09
MOTION FOR NEW TRIAL
Lucey's Attorneys Allege Three
Grounds for It.
INSTRUCTED THE JURY
Verdict Wes Contrary to Law and the
Evidence - Newly Discovered
Evidence-In Judge Lind
says Court.


| lows:
That the court misdirected the jury
| in matters Of law and erred in the de-
| cision of questions of law arising dur
| ing the course of the trial.
THAT the verdict of the jury is con-
trary to law and the evidence intro
| duced upon the trial
Newly discovered evidence which the
| defendant could not, with reasonable
| diligence, have discovered and produced
| at the trial"
| Judge Lindsay held court all day yes
terday and passed on number of mat
tiers. The court announced that on July
29 an adjournment would be taken I'M
til the LIST Of October.
In the suit of Martin Turk against
Constable Tim Harrington and his Off
cial bondsmen, Judge Lindsay sustained
demurrer to the complaint, holding
that no action against the constable and
his bondsmen could lie. Turk had
brought suit for 1857 on the ground that
Mr.. Harrington, in the performance of
his official duties, sold to the defendant
a frame building in Meaderville, under
execution issued against one Frank
Turk, and that at the time of the sale
he represented the building as free and
clear of liens and encumbrances. With
that understanding, Martin Turk states
he bought the building, and 1t after
wards appearing that the property had
been claimed by Frank Turk as home
stead and that a notice of intention to
that effect had been filed prior to the
date of the sale, the buyer MARTIN
Turk) was unable to obtain possession,
and accordingly sued the constable and
asked that his money be returned
In the matter of the estate of John
F. Gallagher, deceased, the final ac-
count of the executors was by the court
approved, and the executors directed,
upon the distribution of the estate, to
pay to Father Peter Gallagher the sum
of 800 referred to in the account and
in the will of deceased pro rata with
the other legacies mentioned. The
premises, 400 acres of land situated IN
Custer county, Idaho, bequeathed to
Patrick Hamilton, We're by the court
directed distributed to Hamilton with
out regard to any portion of the lega-
cies remaining unpaid.
In damage suit of Ennis Bell
against D. Campbell, demurrer to
the complaint was overruled.
calendar and set cases for trial as fol-
lows:
July 17-John McCready VS.. James E.
keenan,, Ben Baker VS.. Butte City
Water company.
July 1S-F. w. Cowan VS.. Minneapolis
Gold Mining and Milling company ct
al, Mae Lathrop VS.. city of Butte ct
al Barney mckinley VS.. John ORourke
ct al.
July 19-Medora Mahan VS.. George w.
Patterson, P. ]. Peters Saddlery and
Harness company VS.. the First Ma
tional bank of Butte, Lee Mantle VS..
Lulu F. Largey Administrative.
July 20-Edward G. Smith VS.. R. M.
Davidson, William Lavelle VS.. James
w. Kemper.
July observation-disclosures company
vs. John O'Rourke ct al, w. A. Clark
ct al. VS.. Grand Opera House company
ct al, A. c. MacCallum ct al. VS.. ]. b.
Frederick ct al
Among the cases called to be set for
trial by Judge Lindsay yesterday was
the divorce suit of Sarah A. Pace
passed upon the statement of the de-
PENDANTS attorneys that the parties had
evidently made up, as they were living
together again.
A default was entered in the case of
Joseph Merrick against Clementine
Merrlck ana UHe plooiS oct
for hearing next Saturday.
In the damage suit of Charles Smith
against Winters, Parsons q Boomer,
the defendants yesterday filed an an
swer in court pleading that II Smith
was injured while in their employ 1T
was due to his own carelessness and the
act of fellow servants.
In the suit of the Butte Hardware
company against Jesse G. Knox Judge
Clancy yesterday overruled a motion TO
reject the verdict and findings of the
jury and ordered judgment entered for
the defendant in accordance with the
verdict.
A. j. Schumacher, charged with an
assault on DR. Hagenburger, was ar
raigned and given until next Saturday
to plead.
Judge Lindsay yesterday appointed
Joseph P. Collins administrator of the
estate of Frank e. Parker, deceased.
The value of the estate Is about $500.
Mr.. Collins was appointed administra-
tor Of the estate of Edward Harrigan.
deceased.
An order confirming the sale of an
undivided one-fourth interest in and to
the IaMonte lode claim to John G. Cur
RE for $500 by the administrator of the
estate of Mary E. Turner, deceased,
was signed.
Michael Reagan, administrator of the
estate of Patrick l.. Reagan, deceased,
filed a petition for distribution of the
estate. The petition sets forth that the
amount of cash on hand is $4,360.21, and
is to be divided among the following
heirs. Michael Reagan, Mrs. Kate
Ryan, residing in Butte; Mrs Nora
Callahan and William Reagan, resld-
ing in Colorado; Mrs. Margaret Sexton,
John Reagan, Michael Kirby and Mary
O'Brien, residing in county Cork, Ire
land.
The case of John Park against John
Huerth was dismissed as settled.
Ex-Governor Richards was appointed
administrator, with the will annexed, CT
the estate of James Edwards, deceased.
The decedent was a resident of Massa-
chusetts when he died. His property in
this state is valued at about $4,000