Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-03-27
she ROASTED
BURT MARSH
She Called Him Names and
Threatened Him
WITH A SEVERE SHAPING
It All Occurred at the Trial of the
Case of the State Against
I. G. Wilson.

The trial of the case of the State
against 7. G.. Wilson, a real estate dealer,
charged with having appropriated to his
own use $45 belonging to Josie Foley, a
lodging house keeper, took place in JUS
tice Nichols court this morning. Miss
Foley stated that on the Sth of this mont
she had called upon Wilson and told him
she had a lodging house for sale and
would like to have him act as agent for
her. On the following day Wilson, she
alleged, ushered into her presence one
Jacob Lutz of Anaconda with whom he
was negotiating the sale. Lutz agreed
to take the property at $500 and deposited
$50 with Wilson as a guarantee. The lat
ter sum, said Miss Foley, was to be for
feited in her favor in case Lutz failed to
take the property. On the 18th of the
month Lutz came up from Anaconda and
informed Miss Foley that he had made
other arrangements and would not take
the house. Asked if he had paid Wilson
the $50, he answered in the affirmative
and produced receipts showing that he
had given him $40 on the previous Satur-
day. She demanded the money from Will
son, but received only S.. He refused to
pay the balance and she had instituted
proceedings to recover it. Wilson'S AXE
off on the deal was to be 5 per cent on
$725, to which amount the total had been
reduced from $500.
Burt Marsh appeared as attorney for
Wilson and or cross-eXamination asked
Miss Foley some pointed questions. The
witness had testified that LutZ had show
ed her receipts for the money paid.
WAS you there when he done it?' ask
ed Marsh.
Miss Foley admitted that she was.
you don't have to answer all those
questions" exclaimed Mrs. Mary Kane,
mother of Miss Foley, who occupied q
seat a little ways back.
keep still, Mrs. Kane said the court.
Mrs. Kane then said something about
the penitentiary and let it go at that.
She, too, gave testimony and corrobo-
rated much Of the testimony of her
daughter.
Jacob Lutz testified that his business
was that Of a butcher: that on the Sth
of March he had come to Butte in search
of a lodging house and called upon Will
son. The latter told him a woman law
| ing a house for sale had just been to see
| him. Wilson and himself visited the
lodging house and then returned to Will
| sons office. He had there paid Wilson
! SO in cash and given him a note for SAC
more, the conditions being that he, Will
son, should hold the house until the 18th.
The note. he added, had never been paid.
Marsh asked that the case be dismissed
on the ground that there had been no
| evidence to show an attempt to defraud,
Cornelius Kelly represented the state
and opposed the motion. The court SuS-
| tanned him.
Wilson testified in his own behalf. He
said he had first gone to Miss Foley and
given her IS to keep the house until the
18th. On that date Lutz had come from
Anaconda and claimed hat the house
had been misrepresented to him; that he
and his wife thought there were fifteen
rooms when there were only IL and that
there We're six boarders in the place when
there were supposed to be none. Wilson
further said Lutz had told him his wife
could not keep boarders.