The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-07
ANACONDA NEWS.
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IN THE DISTRICT COURT
Alleged Murderers of Cullinane
Brought Up for Arrangement.
TAKE STATUTORY TIME
A Large Amount OF Probate Business
Disposed Of-Motions and Demur-
mers Argued and Submitted
t,v to the Court.
TAKE STATUTORY TIME

In the district court yesterday
Charles oliver Benson, Ellis Persinger
and Clinton Dotson, who are all charg-
ed with murder in the first degree, were
brought up for arraignment. The
court appointed Attorney C. J. Walsh
for the purpose of arraignment. The
defendants took the statutory time to
enter their plea and their cases will
doubtless be set for trial at to-day's
session of court.
In addition to calling the calendar
the court transacted a considerable
amount of business. In the case of Anna
Collier vs. John Fitzpatrick, case re-
manded from the supreme court the
cause was ordered on the calendar and
was then passed until next Monday, at
which time the calendar will again be
called.
In the case of l.. j. Hendrickson VS..
William Wallace, the motion to set
aside the verdict of the jury was set
for hearing on September IL.
In the matter of the estate of Hugh
Whitcraft, the motion for a new trial
was submitted without argument and
overruled. ##~F
In the case Of Grace Fisher against
the Masons' Fraternal Benevolent as
ISOLATION, the motion to quash was set
Tor nearing Oct. at p. M
In the matter of the estate of Ken
ney Phelan, the first annual account
was allowed.
In the matter of the estate of Mrs.
Ellen May Mills, deceased, a decree of
distribution was signed.
In the case of T. j. Potter VS.. d.
F. Hallahan an order for the pub
LEGATION of sale was signed.
In the matter of the estate of Barney
Mckinley a decree was issued and no
tice to creditors given.
In the case of S. e. Larabie VS.. the
Mammoth Gold Mining company the
default of the defendant was ordered
entered
In he case of Peter Walton VS.. Sam
Handley ct al. the demurrer was SUBJ
mitted.
In the matter of the estate of A. H.
Mitchell an order was signed confirm
ing the sale of real estate.
In the matter of the estate of Salton
Cameron an order was issued to show
cause why the sale of real estate should
not be made. The claim of r. Lenberg
for $3.50 was allowed, as being a
claim of the first class.
In the matter of the estate of Luz
cretia E. Sprinkle the annual account
ing was submitted to the court.
In the matter of the estate of Leah
e. Dana the annual ACCOUNT was sub
mitted and a decree signed allowing
the same
In the matter of the estate of Frank
OHannOn an order was made for the
sale of real estate.
In the matter. of the estates of F.
Palmer, James A. Johnson and Louis
A. Larson an order giving notice to
creditors was signed. In the Larson
estate the claim of DR.. St. Jean for
$219 and that of the Standard Drug Co.
for $50.65 were allowed, they being
claims of the first class.
In the matter of the estate of r.
NJ. Loomis an order was made con-
firming the sale of mining property to
Arthur B. Brown for 5000.
In the matter of the guardianship
of Arne Olson letters were issued to
Dave Morgan and his bond fixed at
sS6S.
In the case of Fairfield VS.. Fairfield,
by consent of counsel for both Sides
the cause was continued until to-day
In the cases of Mary B. Fowler VS..
Frank Conley and Tom McTague ct al,
christian church ct ux and Neils Han
sen ct TX, suits for dover right. in
volving about 1000 acres of land and
100000, was called up. The matter
was argued by counsel and submitted
Judge Napton held brief session of
ME district court last evening, when
he arguments were made to secure the
release on habeas corpus proceedings
of Mrs. P. j. Boyle, who was sentenced
three months ago for disturbing the
peace to 80 days in the county Jail and
who was fined 5000. The 80 days i'm
prisonment expired last evening and the
proceedings were taken to have Mrs.
Boyle exempted from serving out her
fine on the ground that the court had
exceeded its jurisdiction in passing a
sentence imposing both imprisonment
of 80 days and Imprisonment for failure
to pay a fine of 5000.
County Attorney Duffy argued that
the mittimus was regular on it's face
and the question could not be raised.
He also argued that there was nothing
to show that Mrs. Boyle had served out
the Imprisonment of 80 days. Attorneys
Walsh and James opposed this position.
The matter was taken under advise
ment until 10 o'clock this morning
In the matter of G. Joseph Lazarri
against Justice of the Peace Frank Ken
nedy, petition for writ of certiorari.
1t was ordered that the writ be issued
and stay of proceedings was granted
until next Saturday.