The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-05-04
MAY GET A new TRIAL
Errors in Proceedings Against
Kinder and His Wife.
IN THE DISTRICT COURT
Ami, White Began a Suit for D;yo-ca
on the Grounds OF Cruelty and
Non-Support = In Judge
Clancy's Departm

1t seems likely that j. w. Kinder
ana ms Wlfe, Hannah Kinder, who were
convicted last September and sentenced
to two years in the penitentiarv for re-
celVing stolen property, will be granted
new trial by the supreme court. as
Attorney General Nolan practically ad-
united at the argument on Monday
that they We're entitled to new trial
Inc defendants We're not represented
by attorney before the supreme court
at the nearing of the appeal, but the
case was submitted on a brief
The property which the Kinders vere
accused of having received consisted If
about a thousand dollars worth of cost
~ articles or apparel and dress goods
stolen from the Council store. wharo
Mrs. Kinder had been EMPLOYED. She
had previously been convicted of nettv
larceny for stealing single garment
ana served AZ days in Jail, when the
discovery was made that large GUAM
tlty of other stolen goods were AT her
house. and an information was filed
against both herself and husband. and
tney We're convicted in the district
court When the appeal came up before
the supreme court on the records of
the case Attorney General Nolan stated
70 the court that in his opinion the de-
PENDANTS should have a new trial AS
there was nothing in the record to show
that they had stolen the property found
IN their possession, or that the husband
Of Mrs. Kinder had any knowledge that
the stuff found in his house and his
possession had been stolen. Mr. Nolan
also criticised the courts Instructions
in the case and expressed the opinion
that they gave sufficient cause for a re-
versal The court took the matter under
ADJUSTMENT.
Mrs. Kinder has been in the county
Jail over nine months. and her hus-
band almost as long. Mrs. Kinder has
two children, boys, by former hus-
band, who have been in Jail with her
ever since her arrest. Their father
who lives at Boise, Idaho, once made an
effort to get the children, or. rather. ex-
pressed Willingness to take them, pro-
Vlded some one one would send them
to him, but which no one has appeared
anxious to do
ers new trial they will be discharged.
IL the new trial should not be granted
the time they have spent in Jail will
not apply on their two years sentence
Annie White yesterday commenced
suit LOT uiVOrCe against john A. White
on the grounds of cruelty and non-sup-
port She says they were married in
Butte on July 10, 1885, and that the de-
PENDANT has never contributed any
thing toward her support. Sometime in
February, 1885, he cursed her and
threatened to strike her. Frequently
since that time he has abused her, so
that it became impossible for her to live
with him. She asks permission to re-
sumo her maiden name, Cassandra
Harper.
In Judge Clancy's court yesterday
judgment by consent was entered for
the plaintiff in the case of Henry Lodic
against James Connolly and Albert
Herman, and by default judgment
in the case of A. F. Bray against
Charles Eilderk:n
The case of E. G. Smith against John
O'Rourke was dismissed
Morris Perelson, charged with receiv-
ing stolen property, was arraigned and
took until Saturday to plead.
S. V. Kemper, administrator of the
estate of Annie Pooler deceased, filed