Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-16
OUT Of JURYMEN
The ShadWell Murder Case is
Postponed Two Days.
ORDER FOR 100 EXTRAS
Issued ard Made Returnable at /
O'clock Tomorrow Other
Court Matters.

AS expected, the jury panel was ex-
hausted yesterday evening in the case
of the state against r.. c.. Shadwell,
charged With the killing of Martin James
O'Connor, and an order issued by the
court for a special venire of 100 more
persons from which to draw. AT the
time of adjournment only two challenges
had been exercised. Inc order was
made r~eturnable at l o'clock tomorrow.
AT that hOur an examination or the gen
tlemen touching upon their qualifications
to serve as jurors Will be commenced
and after it is finished the work of get
ting twelve possessing unbiased opinions
will be resumed.
Joseph V. Long, the last witness in the
Callahan divorce suit, was not on hand
to give testimony in tn. case yesterday
afternoon and at a late hour. after a
lengthy recess had been taken to give an
officer time in which to find the absent
witness, Mrs. Callahan concluded to rest
her side of the controversy. Mr.. Con-
molly, her attorney, presented the vari-
Gus phases of the case to the court and
at it's conclusion Judge Lindsay granted
the plaintiff a decree Of divorce and the
custody of the child, but took under con-
sideration the financial matters in con-
nection with the suit. In the course
of his remarks Mr.. Connolly stated that
the contents of letters written by the
defendant and sent to relatives of Mrs.
Callahan showed plainly that Mr.. Cal
lahan was not mentally responsible and
should not have the child. while on the
other hand the testimony showed Mrs.
Callahan to be a good woman and the
proper person to AVE the little one.
He also maintained that the judgments
for sums of money to which Mr.. Gala
han had confessed SUBSEQUENT to the
commencement of the divorce suit,
which resulted in the levy of attach
ments on the plaintiffs property, should
be set aside. He further stated that
Mr.. Callahan had encountered the prop
erty after the court had ordered him
to not do it and he was therefore in con-
mp
AS H. r. Bartlett was a party to the fl
nancial part of the action a motion for a
non-suit as to him was made by Attor-
ney Robert Coombe. 1t met with no
opposition and was sustained by the
court.
Although granted the custody of the
child, Mrs. Callahan does not know
where the little one is now, but has hopes
of ascertaining later on.
Mr.. Long submitted his testimony in
the case to the court TODAY. 1t re-
lated solely to money matters to which
Mr.. Callahan had been a party.
Mary Ellen Kelly, administrative of
the estate of John F. Kelly, has petit
toned the district court for leave to
erect a monument at the grave Of Mr..
Kelly, the expense of the same to not
exceed $500, and Judge Lindsay has is
sued an order to all persons interested
to appear before aim at 2 o'c.,:S on the
I'd of December and show cause Why
the petition shoul not be granted.
Mary D. Piatt has petitioned the dis
trict court for letters of administration
on the estate of her late husband. Guy
y 49, Tr Tho ~ -1~" -.
that the estate consists of a half interest
in the Short Shift quartz lode claim in
Deer Lodge COUNT which at the time Of
the death of Mr.. Piatt stood in the name
of Fl. L. Frank on the county records and
was the property Of Mr.. Frank, being
simply held in trust by the deceased for
Mr.. Frank; that administration is desired
for the purpose of ecuring a transfer of
the legal title to Mr.. Frank.
In the matter of the estate of Joseph
Grant, who died Jan. ! of this year, Thos.
Grant has petitioned the court for letters
of administration. The petitioner states
that the estate consists of a claim for
damages against the Northern Pacific
railroad mpa for alleged injuries
which caused his death.
Gus H. Hess has asked the court 10
appoint him guardian of Frank Gus Hess
and Lizzie Hess. minor heirs to a por-
ton of the estate left by petitioners
mother, Mrs. Susan Hess, who died in
this city several months ago. The former
minor is entitled to $424.4 40, says the petit
toner, and the latter to a similar amount
and some jewelry valued at $500
-
Emma Courtenay has filed a reply to
the answer of William Courtenay in the
suit for divorce brought by her against
William. In the document she denies
that when she left the defendant she
took with her all of his household goods
save a bed, two chairs and a stove, bul
admits thai she took a cooking range,
denies that she took his candy-makins
tools: denies that he owned the furniture:
denies that she owns a house in ak
vile from which she derives a rental OF
SIS per month. but alleges that the hous
is the property of her children by a for
mer husband and the rent therefore goes
to them for their maintenance. She a.se
denies that her income from the Center
vile store is SIS a day. but on the other
hand says she does washing in order &c
exc out an existence for herself and
daughter.
The Boston & Montana has
petitioned the district court for an orde,
permitting it to survey the workings o!
the Ella lode claim, belonging to tbs
MeaderViile Mining for the
purpose of a~scertaining if the latter co..
poration is CncroacninS upon the ore bo1-
les of the Atlantic lode claim. which, the
plaintiff alleges, adjoins the
Ella on the east.
Assoc George, Antoine George ard Johr
A. Paul have brought an action agaiaS,
Daniel Shields. constable in Jrstiee
Smiths court. to recover possession o
goods valued by them a. Sa9a.il and SIS
damages; and in case rasscssio1 canEo'
be- obtained. for the amour: