Daily inter mountain., 1899-03-07
SMOOTH FOR Them
Jurors in Judge Clancy'S Court
Short of Work.
McALVEY AND HIS MONEY
He Cannot Recover It From the
Sheriff--Case Taken From
the Jury.
McALVEY AND HIS MONEY

The jurors i'm Judge Clancys court are
having a veritable picnic. They have not
been called upon to sit in case since
week before last. They report for duty
every morning, however, as the pros
poets for having something to do are
always fairly good. One case was to
have been tried this morning-it was that
of Edward Bowler VS.. John c. Moebus,
an action to foreclose a lien. When the
judge pressed the button for the attor-
neys to begin operations, NJ. D. Leehey,
representing the defndant, stated that his
client was a railway mail clerk, and the
illness of another clerk had prevented
him from securing a lay-off of sufficient
duration to enable him to appear in
court. The attorney asked that the mat
ter be relegated to the foot of the cal
endar, and down it went.
The judge has four cases set for trial
tomorrow, but whether he will get one
out of the lot is to be determined They
are E. S. Huston and others against Ed
Lynch, e. V. Smalley against George II.
Savage, H. c. Todd and others against
Benjamin Jones and others, and Alice
Roach as administrator against Samuel
Treloar and others.
Joseph j. Bauer and Maggie Morenz
wers united in marriage by Justice
Nichols last evening.
In the suit of Boucher VS.. Barsa1ou and
Naughten the defendants have given no.
tiice of their intention to move for a new
trial, on the ground that the evidence ad-
duced at the trial was insufficient to war
rant the verdict.
An amended complaint in the suit of
James K. Heslet against H. Roudebush,
to recover judgment for $12, ,6O7.15 on a
promissory note, alleged to have been
executed by w. H. Young and Roude-
bush in 1891, and paid by the former in
1898, has been filed in the district court.
| In the suit of Lulu F. Largey as ad-
mniistra trix of the estate of p. A. Largey
VS.. the Boston & Montana Mining COM
pany and others, the defendant has pc
titioned the district court for the re-
moval of the cause to the United States
court. The action involves title to por-
ton Of the Dayton lode claim, which the
plaintiff alleges ought to become part
of the estate by reason Of an agreement
between p. A. Largey on one side and
Dennis Farrell, w. w. SHETLAND and
John T. Baldwin on the other.
The suit in which Thomas j. Murray
was plaintiff and James shannon de-
fendant has been settled and dismissed
G. F. Craddick is suing Frick Lassen
and Josef Mlkosowits for possession of a
mining claim he calls the Col. Bryan
The property is located in this district.
In his complaint he alleges than on jan
uary l of this year he located the claim
and on the 14th filed a certificate of such
location with the clerk and recorder; that
since then the defendants have taken it
from him and are holding it under the
name of Lucky Boy Fraction; that they
have applied for a patent for it and he
has filed an adverse claim.
William r. Manierre has filed an
amended complaint in his suit against A.
F. Bray In the document he alleges
that he is doing business in the state of
Illinois and has had in his employ one
Desjardines as a travelling salesman; that
in August of 1896 Desjardines entered
into an agreement with Bray in regard to
the sale of goods in Butte; that Bray
guaranteed the payment of certain or
ders taken by Desjardines provided the
plaintiff in this action would pay him 10
per cent commission; that on or about
August 81 1896, the defendant gave a
written guarantee that he would fulfill
the terms of the contract; that in pursu-
ance of the guarantee the plaintiff deliv-
cred goods valued at $413.10 to P. A. Nc
Kercher, l.. A. Bartlett, Frank N. Dolan
and Patrick w. Murray, said goods be-
ing shipped direct from the plaintiff to
defendant, but billed to the parties who
received them; that Bray received his
10 per cent, but the plaintiff could not
collect the money from the parties who
got the goods and cannot collect it now
because they are insolvent.
For a second cause of action Manierre
alleges that in September of 1896 he
shipped Bray goods valued al $41.95 and
the latter deducted the amount from an
other bill bearing date of October 1, 1896,
claiming that the other goods were
short. Plaintiff demands judgment for
the two amounts.
An application for a continuance of the
trial of the suit Of Ben Baker against the
Butte City Water company was made in
Judge Lindsays court by the defendant
this morning and at the conclusion of the
argument that followed the judge grant
ed the request. The matter involves
titles to the Keno lode claim, located in
the Highland mining district, and was
set for hearing on the 10Th. The contin-
uance was asked for on the ground that
one J. 7. Lewis, 20 years old, was a ma
terial witness in the case, but was
showed up in the Highland mountains
and on account of his enfeebled condi-
ton could not make the trip on snow
shoes across the mountains.
An affidavit from Superintendent Car
Ts~~ C.,~> a.