Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-06
Judge Clancy Grants Mr.. Kipp
a New Trial.
W FOUND ONY
Decision In the Contempt Case Will
Not be Rendered Until
Next Tuesday

Inc proceedings IN cases before the
district court are not always of a dry ma
ture. In Judge Clancy's department this
morning the argument of a motion for
a new trial in the suit of r. w. Rand
against Henry kipp afforded the attor-
neys. and others present considerable
amusement.
Some time ago Rand sued Kipp to re-
cover judgment for about 500, alleged
to be due him, and the trial resulted in a
victory for the plaintiff. Since then it is
alleged that new evidence has been found
tending to show that instead Of Kipp
owing Rand the latter is indebted to
kipp in the sum Of about 1915. This tes-
timony was presented to the court this
morning, and it was of such a nature
that the judge sustained the motion.
Some of it would not look we'll in the
columns of a family newspaper, but it
would be all right on the floor of a stock
exchange or cattle market.
Two pleas of not guilty were entered
in Judge Clancy's department this morn
ing, one of which was by Norris Perel-
erty knowing the sam to have been
stolen; the other by John Ledford, the
youth who a few days ago kicked four
real teeth from the mouth of his mistress
because she showed signs of wavering
in her regard for him. The trial of the
ldt(tI Will ldke p1GCe on the 10lQ.
The demurrer to the complaint in the
suit of John A. Cannon and Hayes Cam
non against Thomas HOwson to recover
judgment for services as brokers, alleged
to have been rendered the defendant, was
sustained by Judge Clancy today, and
the plaintiff given ten days in which to
prepare a new complaint. The matter is
OF considerable Importance to real estate
dealers. The demurrer was based on the
clause OF the statutes which sets forth
the fact that before a real estate dealer
or broker can lawfully recover commits
sion for work as middlemen they must
have a written contract with the party
Or parties they represent. The complaint
in the case at issue was hurriedly drawn
and did not present the matter as clearly
as it might, a fact which the attorney
for the plaintiffs admitted, and then
asked Judge Clancy to sustain the de-
murrer.
James Wade, who was arrested a few
days ago at the instigation of George w.
Fisher, was released from custody TODAY.
Fisher alleged that Wade had threatened
to kill him, but when the matter was
aired before a justice of the peace facts
lsuflclent to supper the allegation were
found wanting and the alleged offender
was purged of the charge. The Justice.
however, demanded him to Jail until such
time as his mental condition could be
made the subject Of Investigation. Since
then the county physician has examined
him several times and found him as sane
as anybody at large.
Elsie Renkes is plaintiff in an actor
against ~. NJ. Langley and Isabella Lang
stroff. The complaint alleges that the
defendant ives the plaintiff $ ,osS.9 80 on
prommissary notes for $40, $500, $3.50 and
$1,000, and 500 respectively. The notes are
j Eac.1rad nv a ronrtoor c an co~1 -~1
in the Moonlight addition.
In the matter of the bin Of exceptions
in the suit Of James Forester and Johr
MacGinnis against the Boston & Mon.
tana company, Judge Clancy decided to
. day Nat he would not pass upon it unit
next Wednesday.
e The charge of petit larceny preferre,
by Agnes Hood against Edith Aronber
a few days ago was dismissed by Justic
Smith last evening. The Chinnmal
whose testimony more than that of 9th
erS was desired failed to put in an an
pearance. The defendant was accused o
having stolen some underclothing from
5 the complaining witness.
e Testimony in the contempt proceeding
e in the Forester G. MacGinnis and Ros
ton e. Montana case was finished in Judg
>AoAASS . NooIt losN ~ Oul IO 1t
cision will be made until next Tuesday
There vas no testimony to show tina
Il either Dunshee. Dave or Miles had bee
!, guilty of contempt.
James Campbell was granted a deere
of divorce today from Anna Campbell
Judge Clancy officiating. The TESTIMONY
te showed the case to be one Of desertiol
on the part of the defendant.
In the suit of Mary A. Crangle vs.. ]. ]
Leslie and George G. Crangle, the motto,
made by the plaintiff a few days ago t
strike out certain portions of the separat
"a answer of Leslie was dismissed by Judg
M Clancy today for wanto Of prosecution.
n The setting of the date for the trial @
n the suit of NJ. C. Harris VS.. the Sweet
water Coal company was vacated i
department. 2 today. The matter had bee
10 scheduled for trial next Tuesday.
Whom ntharc foil uo m Dr D;oob,rt