The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-31
Fresh pies and cakes at Rosendorf's
JUDGE AND JURY
Held Different Opinions in a Horse Steal
ing Case.

ing Case.
Missoula, Aug. 30.-This was an in
teresting day in the district court. In
the first place, judge and jury clashed
in the horse stealing case against John
Kingston, and in the second place the
woes of the old Bland Mining COM
pany We're once more rehearsed. In the
Kingston case, at the conclusion of the
states testimony, the court, upon mo-
ton of the attorney for the defendant,
gave the jury the form of a not guilty
verdict and informed them that the
state had not presented sufficient evil
dence to convict The jury was told
that it might use it's own judgment as
to signing the verdict. After delibera-
ton the jury reported that the not
guilty verdict did not suit so the case
went on. The evidence offered by the
defense was most damaging to King
ston. He, himself, was a poor defense
witness, though he made a good one
for the state. When court adjourned
the case had proceeded as far as the
charge to the jury. W.
In the Bland case, which is entitled
Smead VS.. Cromie, the dismissal was
followed by lively chase after the GER
tificate of stock involved, which result
ed in the. plaintiff winning out. The
certificate was attached upon a new
suit.
John Hurley who was found guilty
of breaking into Joe Fresheimer's and
stealing a quantity of cutlery, will re-
ceive his sentence on Friday, Sept. l.
at 10 O'Clock in the morning.
William Montellius, for a good and
sufficient cause, was excused from fur
Their duty as juror at this term OF
, court.
In the case of Louis Allard ct al VS.
H. W. Mclaughlin, by leave of the
court. the attorney. for plaintiff waiv-
ing notice, the defendant was granted
leave to file motion to retax costs of the
case.
The divorce case of Mary A. Chap.
| man VS.. James l.. Chapman, by ar
rangement of counsel, was set for tria
Friday, Sept. l, at a. m.
The divorce case of Charlotte ]. Wat
son VS.. Robert James Watson was sci
for trial Saturday, Sept. 2, at p. m.
The case of John T. Kingston
| charged with grand larceny he having
| as alleged, taken a horse from j. M
| Evans, was on trial to-day. County
| Attorney Denny made motion to have
| the case continued, owing to the alb
sence of one Cummings, who is an i'm
| portart witness fer TIE state. Thi:
| was denied. A jury was drawn ant
| the county attorney made the openinf
| statement for the state. After the ex
| animation of several witnesses tht
| state closed. The attorneys for the de
| Tense then moved that the jury be in
| structed by the court to bring in a YER
| dict Of not guilty as the state hat
| failed to prove the defendant guilty
| The motion was sustained and the jur,
| so instructed. The jury retired, but re
| turned in a short time without having
agreed on verdict. The trial wa
| then proceeded with, the testimony o
the defense being presented. Thi
| case, on account of the fact that thu
alleged theft was committed severa
years ago, is attracting considerable
| interest.
| In the case of w. H. Smead VS.. JohI
| Cromie, F. C. Webster appeared as at
torney for plaintiff. The plaintiff in
| troduced an amendment to amend tn
! complaint which amendment was sus
! tanned Plaintiffs attorney then of
fered certain evidence which was oh
| jected to. The court sustained the OBJ
| jections. The plaintiff then moved
that the action be dismissed, whicl
| was so ordered.
| In the land case of J. s. Merritt VS.
| c. c. Willis, the defendant asked leav
| to file an amended answer. This wa
| overruled and the defendant excepted
The defendant was granted until Sept
l to prepare bill of exceptions.