Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-09

With the expectation that the west
wing Of the court would be in session, a
number of people having business of a
legal nature ratified the door connecting
Judge Clancy's department with the out
side world this morning, but only the
bailiff possessed the .''open sesame" and
he was not about. 1t had not occurred
to the callers that it was Arbor day; a
day on which people are supposed to lay
aside all legal matters and plant trees
or any old thing that will grow. In the
absence of something else to plant, the
court people planted themselves on the
corridor benches for a short time n
discussed the legal aspects Of the 5000, 900
damage suit which "Swede'' Murphy is
said to be preparing to institute against
the Standard Publishing company of An
acOnda.
Many of those who thought court
would be in session called for the express
purpose of hearing the decision in the
contempt proceedings having their ORR
! gin in the Boston & Montana receivership
matter. This was the day on which it
was to be rendered, but at the time Judge
Clancy made the setting he doubtless did
not think of Arbor day. Tt was not until
about 5 o'clock last evening that he de-
cided to adjourn until Wednesday morn
ing.
III OuuSC uIlOSd > uCpdI ak / WAS
different. When the big clock in the
Aower tapped 10 o'clock he convened for
business and resumed the hearing Of the
injunction proceedings Of the Butte &
Boston Minirg' company against the
Montana Ore Purchasing company. The
action involves the Tramway and Sno-
homish lode claims. The testimony was
all submitted last evening and the argu-
ments mad today.
j. w. Kinder and his wife Hannah,
who were convicted of grand larceny last
fall and sentenced to two years in the
penitentiary, will in all probability not be
compelled to face the barrier again. I'm
mediately after their conviction their at
torney gave notice Of appeal and the de-
PENDANTS have been kept at the county
jail since then. The recent decision Of
the supreme court granting them a new
trial because they were convicted to-
gether and there was no testimony to
show that Kinder was guilty., has caused
the prosecuting attorney to partly decide
to not indulge in another trial unless
stronger proof of guilt is produced-he
does not see why the woman should be
sent up and the man turned loose.
The trial of the suit of Henry r. Bart
lett against Rod d. Leggat to recover
judgment on a check for $500 given by the
y HIT W lHS ldltcI ldSt ytitT III part pay.
ment on the purchase of the Buffalo Hill
group Of mines in Idaho was ended in
Judge Clancy's court last evening and a
verdict returned in favor of the plaintiff
Mabel G. Seward, who is being sued for
divorce by Jesse j. Seward, has decided
to battle the action ard has taken the
preliminary steps by filing an answer and
cross bill. In the answer she makes a
general denial Of the charges against her,
and in the c~rOss-complainit states thai
Seward and herself were married in st.
Paul on February 10, 1897; that they lived
together about two weeks, at the end of
which time he deserted her, leaving her
in destitute circumstances; that she has
since been compelled to rely ION friends
and relatives for her support and work
as a clerk for S. per week; that her hus-
band is employed as a nurse at the st,
James hospital n earns from $75 to 500
per month; that her attorney has inform.
ed her she has a bona fide defense to the
action; that she would like to have the
court compel Seward to pay him 800 az
a fee, give mp $40 as court expenses and
pay her alimony pending the determina-
ton Of the suit.