The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-11

the statement to show that the court
said he would hear Mr.. Scallon on she
following Monday morning and that
Mr. Scallon replied: You bet you WILL"
and that he acted in an angry and ex-
cited manner with his hands in the air
Judge Dewitt objected to the proposed
amendment because the alleged re-
marks of the attorney were made after
court had adjourned and the judge had
left the bench. Judge Dewitt also OBJ
jected to Judge McHatton's descriptive
matter. and said if any descriptive
writing is to go into the record he
would ask that the whole scene in court
be printed and that others. who might
be as able descriptive writer's as Judge
Mediation. be given an opportunity to
show what they could do in that line.
Judge Mediation replied that the at
torneys on the other side had been so
very particular to have in the record
he Thought he would assist them, and
for that reason suggested the amend
ment.
Another amendment proposed gave
number of reasons why the court re-
fused to vacate the order appointing
the receiver. whereas the court really
gave no reason at the time he over
ruled the motion to vacate. Judge Nc
Hatton argued that the court had the
right to give his reasons for ruling at
any time.
Judge Clancy took the whole matter
under consideration.
John w. Cotter, attorney for James J.
Neary. whose trial for the murder of
Alexander Murray is set for next Mon
day. presented an affidavit to Judge
Clancy yesterday setting forth the re
cessity of.subpoenaing certain witnesses
for the defense. The affidavit alleged
tJoat nrtiy, oh TaN
John Marion, Harry Corbis and James
Smith will testify that Murray first as
saulted Neary and beat him with out
provocation. John Fox, Edmund Liable
and P. F. Jennings will testify that
Murray assaulted Neary some time
prior to the killing and assaulted him
the second time and that Neary stabbed
testify to certain dying declarations
made by Murray, and James McNam-
ara and James T. Neary will also tes-
tify to matters material to the defense.
Judge Clancy made an order that the
persons named be subpoenaed as wit
nesSps.
A suit of George A. Cobban and others
against j. P. Hendricks was called fer
trial in Judge Clancy's court, but after
a jury had been empaneled a hitch oc-
Cured in the defense and the defend
amend mis- answer and the jury was
discharged.
The two Quello brothers, charged
with assault in the first degree, win
have a. trial on May %.
In the case of the state against .he
Anaconda company, cha rged with
violation of the law relating to mining
cages, plea of not guilty was entered
for the defendant yesterday. The case
which had been set for trial. was va
Gated.
A default was entered in the divorce
case of Eva Stratton against Edmund
Stratton and proofs set for hearing on
Saturday.
The appraisers in the right of way
condemnation suit of the b., A. e. p
against Gregory NJ. Lyons and others
yesterday filed their report in court
For a 15-16th interest in the strip over
the Millview lode, owned by G. w. Sta
pleton, the Butte Hardware company
and the Largey estate. the value of The
property sought to be taken is apprais-
ed at $40350 and the damage to the re-
mainder of the property at SIS. Fer
14-15th interest in the Edith May, own
ed by c. w. Newton, George S. Casey
and P. j. Brophy, the value of the