The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-11-17
MOTION WAS 0VERRULED
In the Case of John Zellner
Against j. 3. Oppenheimer.
TRIAL PROCEEDED WITH
John Graham Examined and Ordered
Committed to the Asylum - He
Thought Everyone Was
Giving Him Dope.

The motion for a. judgment on the
pleadings in the damage suit of John
Zellner against Joseph E. Oppenheimer,
on trial in Judge Lindsay's court, was
yesterday morning overruled and the
trial proceeded with. The plaintiff was
on the witness stand almost the entire
day. He testified that he was employ
ed as carpenter on the second floor
of the York block at the time of its
collapse and fell into the cellar. He
said he was seriously injured. his hip,
face and shoulder being bruised consid-
erab1y and that since the time or the
accident he had been una BILE to perform
much hard work. On cross-examinatio
ZelIner testified that he himself had as
sisted in putting in place the iron grid
ers and cross beams which gave way
and that he knew there was some dam
ger attached to the work he was en-
gagged in doing. He also said that some
time after his injury he had been exam
Ined by physician and was pronounced
physically sound and recommended to
an insurance company as good risk.
1t was also shown that he had been
laid UP but a few days after the acct
dent and, within 10 days after he was
hurt, was again at work on the same
building, putting in full time.
James Graham, a young man who
has been an inmate of St. James hos
pital for several weeks, was yesterday
examined in Judge Lindsay's court by
a commission composed of Drs. McDon-
aid Turner and Donnelly and ordered
committed to the asylum. The evil
dence showed that Graham has had de-
lusions of the mind and Authorizations
Of the sight for some time. He mag
ined that he was being prosecuted and
that people were trying to poison him.
His mother stated that about three
years ago he had a severe fall and
struck his forehead, and that for two
years he had been strange. Graham
told the doctors that he was rs years
Of age and was born in Scotland in
September, 1878, coming to this country
at the age of IA. He said that wherever
he went people gave him dope and that
somebody was following him about
constantly. He said they gave him
medicine and that some times it made
him sick in the head and other times
1t affected his stomach and feet.
In the mining suit of the Amy & Sill
versmith company against Joseph An
near and others a stipulation was filed
yesterday by the parties by which the
plaintiff waived all claims for damages
and judgment was entered for a per
manent injunction against the defend
ants, enjoining them from trespassine
on the Amy lode claim.
In the Courtenay divorce case an or.
der to show cause why the defendant
should not be required to pay counse
fees and alimony for the plaintiff was
issued yesterday by Judge Lindsay and
set for hearing on Saturday.
r. /. Barnett yesterday commenced
an action against John A. O'Connor fol
S51.S0 due on note, an attorneys fee
Of $50 and to foreclose a mortgage on E
half interest in the Violet and Waco
lode mining claims.
Judgment by default was yesterday
entered in the case of J. Baumgarter
and others against P. Rinback for $685.