The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-12
IN BIG TIMBER.
An Amended Answer Will Be Filed in
the Beasley Case.


Special Correspondence of the Standard.
Big Timber. May 10.-The spring term
of the district court, which convened here
last Monday, was of the usual brevity.
1t lasted just about three hours. Since
the creation of this county there have
been not more than four terms of the dis
trict court Of more than three days dura-
ton, and the balance have been less than
one day in length. This is, of course, a
very gratifying state of affairs from more
points of view than one. The court ex-
penses have been remarkably light and it
is highly creditable to the people that
they are as iaw-abiding as the court rec
ord shows them to be.
The credit for this pleasing state of af-
fairs is largely due also, to the excellent
prosecuting attorney that this county
had and has, and to Judge Frank Henry.
During his ncumbency of the office of
county attorney Sydney Fox pursued a
policy calculated to save the taxpayers
great deal of money and at the same
time fully subserve the ends of justice,
and his successor, Z. NJ. Hall, is following
faithfully in his footsteps in this respect
OF course, the efforts of these gentlemen
would not have been so uniformly sue
cessful without the earnest sympathy and
cooperation of Judge Henry, who has al
ways avoided calling a jury except when
absolutely necessary. The result has
been about one jury term in a year since
the county's creation.
The recent session of the court although
short, was full of interest. 1t was ex-
pected that the Beasley libel suit would
come to trial. The sensational answer OF
the defendants had called forth demur-
rer thereto from the plaintiff, who asked
that those portions of the answer pleaded
in justification and mitigation be strick-
en- out, and his attorneys, including N.
W. Mcconnell of Helena and O. F. God
dard of Billings and A. G. Hatch and
Sydney Lsnner of this town, were all
present with books enough to supply n
good law library to back their request.
When the case was called Attorney Frank
Fox for the defendants rather discon-
certed the other fellows by confessing the
demurrer and asking 30 days in which to
file, an amended answer. The other side
was plainly disappointed, for it was evil
dent that they expected contest over the
demurrer. Attorneys Fox and Hall for
the defense promise that the amended an
| swer will be filed on time and that it will
remedy the legal defects of the original
answer.
There were only two criminal cases on
the calendar, and they were both dismiss
ed on motion of County Attorney Hall.
Jacob Letcher was accused as accessory
in a sheepherder shooting scrape which
principal had escaped and one of the most
important witnesses had left the country,
| SO the court adopted the county attor-
| ney's suggestion that the case against
| Letcher be dismissed.
| c. A Benson, formerly a dentist of
| Butte, appealed from Justices court de-
| cision filming him $50 and costs for drawing
a revolver on lone w. A. Clark" wool
grower last fall. while Benson was prac-
ticing here The appeal was dismissed
| Benson, who is now in White Sulphur
| Springs paid the costs.
| Matte H. Colthar of Cottonwood GAL
| latin county. sued her husband, Phineas
| T. Cothar, for divorce on the ground of
| desertion. Her husband filed a cross-com-
| plant alleging desertion on her part.
| When the case came on to be heard Mon
| day Mrs. Colthar was not present and
! John e. Barbour, the attorney who had
| commenced the case for her, withdrew
| from it and her default was entered Mr..
Colthar was present with one witness.
| Their testimony went to show that the
| Colthars were married in 1883 and lived
| happily together until one Pittnger APP
| peared on the scene and Mrs. c. got so
| gay with him that the husband objected
| and she quit him. Pittnger was treated to
| a coat of molasses and feathers by Col
| thars neighbors, according to one of the
| witnesses, which adornment he, with the
| assistance of Mrs. Colthar, succeeded in
| getting rid of with considerable difficulty.
| Colthar was granted his divorce.
George NJ. Parker's wife sued him for
| a divorce and Attorney A. Y. Hatch made
| answer and a cross-complaint for him.
| Parker afterwards changed his mind and
wanted his attorney to dismiss the case,
| which Mr.. Hatch declined to do unless his
| fee was, paid. Parker then made affidavit
| before his wifes attorney, John E, Bar
bour. that he had never employed Hatch
| or in any way authorized Mr.. Hatch 10
appear for him, and this affidavit Mr..
| Barbour presented in court Monday, In
! answer Attorney Lanner. speaking for Mr.
| Hatch, read an affidavit made by the lat
| ter reciting the situation from his point OF
view and reciting the circumstances lead
ing up to his employment by Parker. Mr.
Hatch claimed that he lad lien upon
Parker's cause of action for his fee under
section 400 of the code Of civil procedure
The court said that he was satisfied that
Mr.. Hatch had been employed by Parker
but in view of the fact that Parker's
property was in his wife's name he could
not see how Mr.. Hatch's lien would dc
him any good. Attorney Barbour said hi
would withdraw the affidavit if Attorney
Hatch would consent to a dismissal of the
case, but this Mr.. Hatch declined to do