Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-03-01
NONE OUT OF SIX
Judge Clancy's Jury Has An
other Easy Day.
ONE PRINCIPAL WITNESS
Is Taking Snap Shots at Legislators
in Helena--Verdict Against
the City.
ONE PRINCIPAL WITNESS

After a session of court covering a pc
riod of fifteen minutes, Judge Clancy dis
missed his jurymen this morning until to-
morrow and in so doing remarked that al
though he had set an even half dozen
cases for trial today he had failed to get
one with which to engage their services.
You gentlemen can go out and bask in
the sunshine said he, and they COM
piled with alacrity.
At the request of Attorney Hinkle for
the defendants and by the consent of the
attorneys for the plaintiff, the settings
for the trial of the suits wherein the
Montana Union Railway company is
plaintiff ard G. H. Hawkins and John
Andy are defendants were vacated.
The setting in the case of E.. V. Small
ley against George H. Savage, an action
for alleged debt. was also vacated. At
torney Leehy, representing the Defend
ant. stated to the court that both sides
were anxious to go to trial as soon as
possible. but G. w. Taylor, the principal
witness for the defendant, was at pres
ent taking photographs of the members
of the legislature in Helena and could not
be here just now. In view of this fact he
thought the trial could be set for some
time next week. The judge was not in
clined to reset and a vacation compromise
was the result.
Three other settings We're vacated for
various reasons. That pertaining to the
suit of James L. O'Donnell VS.. johanna
De PAUL. and others was among them.
The action is one in which the plaintiff
seeks to have a deed to some property
Cancelled. In making the request for a
vacation Of the setting Attorney Thresh-
err stated that his client, O'Donnell, had
| plunged himself into serious trouble in
Anaconda, being charged with assault,
and it would be impossible to lave him
in court here before next week.
Other settings vacated were James A.
Murray VS.. Elizabeth Walker and Louis
Kaufman VS.. Nelson McGarvin and 9TH
erS.
Cases set for trial tomorrow are as fell
lows: First National bank VS.. John E.
Bray and others and William M. hewitt
VS.. T. ]. Lynde and others. So far as
Lynde is concerned the latter action has
been dismissed as he is dead.
John Bertheau, aged Is years, has
found a home and if he behaves himself
he can keep it.
A few days ago he was arrested on a
charge of in~corrigibility and tucked be-
hind the bars of the county jail pending
proceedings calculated to land him in the
reform school, but this morning a Mr..
Bjorgum asked permission of the county
attorney and court to be allow to take
care of him and the request was granted.
Mr.. Bjorgum stated hat the parents of
the boy were dead and as he had been
acquainted with them and the boy many
| years he would like to take the latter and
keep him as his own.
DC you wish to adopt him according to
laW?" asked the judge.
mo, sir: l have children of my own,
but / am willing to take care of him." an
swered the applicant.
Come up here, bub," said the judge,
addressing the boy.
Bub came and the judge questioned
him relative to his desires in the matter,
The boy said he knew Mr.. Bjorgum and
wanted to become his ward. He is now
ensconced in the home.
In Judge Smiths department last even
ing Louise Metz was given a jury verde
for SO, 600 against the City of Butte for in
iuries alleged to have been sustained b!
her in falling on a defective sidewalk il
West Quartz street about two years ago
The county commissioners began pro
ceedings today to condemn the three va