Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-10
Makes Complaint to the Comfy
Attorney.
MATTERS IN THE COURTS
Two New Complaints Filed Against
COrpOrati0nS-One Low
Bridge.

Sam Levy, al II VI IL pODI IuIIu,
called at the county attorneys office to-
day and said he mad been kicked out Of
the Combination gambling house, for
what he knew not. 'They kicked me, my
gee but they kicked me- said he in ex-
planning himself.
AS Sam appeared to have more or less
blue juice under his belt he was told to
tall again tomorrow and his complaint
would be attended to with prOmptness
and dispatch.
do you GAMBLE" asked Mr.. Kelly, the
chief deputy.
II used to-, but I quit" replied Levy.
Then he repeated the fact that they had
kicked him and left.
James P. Bryne rem ewed his complaint
against the Colorado Mining
n the Northern Pacific railroad COM
pany in the district court today. He asks
for Judgment for 81 $50 for injuries he al
leges he received from the effects Of COM
ing in contact with a wire which the
Colorado company permitted to hang
across the railroad track while he was
passing the c~ompany's smelter on top of
a box car January 2 of this year. He was
a brakeman in the employ of the railroad
company.
B. M. Howard brought a damage suit
against the same defendants today, oe-
manding Judgment for $1,959.9O. He al
leges in his complaint that on January 81
of this year he was employed by the
Northern Pacific as a brakeman; that he
was on top of a freight car and while the
train was passing the Colorado COM
pany's smelter his back came in violent
contact with a bridge which the mining
company was then maintaining across
the track at a height of not more than
four feet above the tops of the cars. He
further alleges that by reason of the con-
tact his back and spine have been perma-
nently injured. He avs no danger sig
nal was displayed and he did not know
the bridge was there.
Some time ago Byrne filed a suit
against the companies for a large amount,
buta few weeks since the Northern Pa
c.fic asked the district body to transfer
the case to the United States court be-
cause its officers reside in other parts
of the country and the company was a
foreign corporation. Further, that the
amount sued for was more han 81, 900.
His new complaint, it will be noticed,
asks for judgment for amount less than
$4,000.
An information charging Theodore
Vadnals with grand larceny, the theft of
SEQ feet of copper wire from the street
railway company on May 25, was drawn
lOudy anu Will D6 ulGU SOme udy lnlS
week. The wire is valued at $50.
Judge Lindsay expects to adjourn his
department of court about the last Of the
month, but a few days later Judge
Clancy will resume business at the old
stand and continue in session until de-
partment No. 1 is ready to convene. To-
day Judge Lindsay spent most of his
time in hearing the testimony in the suit
Of Susan Mitchell against Harry Blum
kin to recover possession of a lot of jew
elry placed in pawn to the defendant by
Julia Wilson, claintiff's daughter, two
years ago, or in lieu of the jewelry $500
at which amount she values them. The
case has been on trial half a week, but
will probably be finished this evening, as
the last of the testimony was submitted
at 3 o'clock.
Judge Clancy held a session of court
this morning, but did not have much
business to transact. In the divorce suit
of Lizzie Alamandi VS.. Antoine Alamandi
the default of the defendant was entered
and the hearing of plaintiffs proofs set
for next Saturday.
John Hesley plead not guilty to the
charge of murder, preferred against him
in connection with the death of John
Curry, whose skull was crushed with a
club in the hands of Hesley about two
weeks ago. The prisoner has retained
John N. Kirk to defend him. Mr.. Kirk
made to the court a statement of the cir
cumstances Of the killing and asked that
his client be admitted to bail. The county
attorney opposed the bail proposition,
saying that the case was, in his opinion.
one that the charge Of murder in the first
degree would fit. The motion will be
heard next Saturday.
NVbronub Atforpov y IN Cocon NJ r+;y,
Herrison had Judge Clancy fix his bail
at $1,000 today and it is just possible that
he will be able to give it. HerrisOn was
convicted of having robbed a woman Of
her watch, but the supreme court granted
him a new trial. Since his conviction he
has been in the county Jail, but as the
prospects for giving him a rehearing a.
once are not good he is anxious to take
a walk or two around the block while
waiting for it.
The motion for a new trial for Daniel
Lucey, the convicted murder of Patrick
L. Regain, which the prisoners attorneys
stated a few days ago would be made,
has been filed. The wording in it is the
same as that of all such motions--i. ac-
cuses the judge of having given wrong
instructions to the jury and erring in
passing upon questions of law during tine
trial. It also says something about
newly discovered evidence which the de-
Tense could not with diligence have pro-
duced at the trial.
Judge Lindsay did not finish hearing
his motion calendar Saturday and what
was left was disposed of this morning
When the demurrer to the complaint: N
the suit of Lee Mantle and others asains:
John Sharp ct al. was reached it was
discovered that none Of the attorneys
were present and the Judge ordered il
stricken from the calendar.