Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-11
4 CUTTING SCRAPE
Its Details Brought Out in
Court Today.
NO REAL Loo SPILLED
But Some Bad GlObules Engendered
Memo a Candidate For
Pardon.
REAL BLOOD SPILLED

Judge Clancy's department of the dis
trict court was a blank today so far as
the transaction OF business was concern
ed, but Judge Lindsay convened No. l.
and heard a few matters without the aid
of n jury. The principal one was the trial
of the suit of Margaret Robinson against
Ellen Walker to recover damages in the
sum of $500 for the alleged malicious cut
ting of a water pipe in the Walker house
at 229h South Main street on May 2, 1898.
According to the complaint in the action,
on November 3, 1897, the plaintiff and de-
PENDANT entered into an agreement by
which the former was to have charge of
the lodging house portion of the Wake
house for twenty months at a monthly
rental of $135. On May 2 of last year Mrs.
Walker severed the pipe through which
water flowed from the street mains to the
upstairs of the building, but Mrs. Robin
son had it repaired. 1t was cut a second
time. and the suit for damages and a re-
quest for an order restraining the defend
ant from further interference followed.
Mrs. Robinson testified that the pipes
remained cut five days, but before she
had time to proceed further Charles
O'Donnell, representing the defendant in
a legal capacity, objected to the introduce
ton of any testimony on the part OF the
plaintiff. He gave seven distinct reasons
for it, one of which was to the effect that
it had been shown that the plaintiff was
entitled to the use of the water. After
reading them he produced some authori-
ties to strengthen his position, but the
judge told him that unless he could show
a different state of affairs it would be no
use for him to read authorities. Il will
say now" said he. that when a person
leases a house and that house is supplied
WI Nh oif1,nr 90 . yt-atpTs az n1ppt1jr lIOht ne
or she, as the case may be, is entitled to
the use of the privileges as they exist.
l shall overrule the motion"
Mrs. Robinson then continued her tes-
timony. She stated that Mrs. Walker
had cut the pipe twice, and on account
of the absence of water in the house and
the presence of sewer gas by reason or
that absence she had lost eight or nine
of her dodgers and had not been able to
/ replace them for three or four weeks.
The defendants attorney attempted to
show that Mrs. Robinson had not PAID
for her water rent for a month and there
fore Mrs. Walker had a right to carve
the pipe and stop the flow, but the other
side, represented by J. l.. Wines, main
tanned that Mrs. Walker had no more
right to interfere with the water than
she would nave had to take the windows
or doors out of the house. If the rent
was unpaid she had a remedy at law.
This view was also taken by the judge,
who was asked to rule on a question IN
connection with it. He stated thai 1t APP
peared to him that the defendant was not
justified in taking the law into her oWh
hands by cutting the pipes.
Asked on crOSS-eXamlnatlon IL sue
couId give the name of one ledger that
left the house on account of the drouth
Mrs. Robinson said she could not: tha'
she kept no register and never asked peo-
nile their names. They paid their rent IN
advance and that was about as Lar ds
her curiosity had ever gone.
r. D. Robinson, a brother or the pam
tiff.s husband. testified that during the
time the pipes were cut he had caffleu
water from the Arcade to supply the
house and received 81 80 a day Tor II.
A s. Carter stated that he was occu-
nvinc a room in the mouse at the time OF
the cutting. He knew little about the
real issue.
Anna Fessler testified that when the
tro,,hle occurred she was working at thu
Arcade and she knew OF two or tnft'
of Mrs. Robinson's dodgers having lei
- the Walker house on account or the cut
= ting. She also corrObOrated the state
ment made by other witnesses relativ'
to the work of the bucket brigade dur
ing the five days siege.
Mary Kelly gave similar
shortly before noon the plaintiff CLOSED
its side of the case and a recess until
O'Clock was taken.
The county attorney received notitica