The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-06-15
BUTTE News.
THEY ROBBED Mr.. MUDD.
And One of the Pair Is Convicted
of Burglary for It.
MACNEVIN CASE ENDED
The Doctor Receivers the Amount of His
Bill Disallowed by the Commits
sioners for Attending
County Patient.

county fdCl6uU.
Elmer Ensminger was tried and con-
victed in Judge Clancy's court yester-
day on the charge of burglary in the
second degree, and will be sentenced on
Saturday. His partner and co-defend-
ant, Peter Normandie, will be tried to-
day.
The young men are accused of hay-
ing burglarized the cabin of j. G. Mudd
on the Big Hole river on March 16.
Some time prior to the burglary Ems
minger worked for Mudd and Norman
die was in the employ of a neighboring
rancher named Osborne. Mudd left
home for 10 days and during his alb
sence Ensminger and Normandie broke
into the cabin and stole a rife, revol-
yer, blankets and lot of other goods,
some of which We're afterwards found in
their possession. Ensminger practically
admitted the robbery to Mudd. and told
him where some of the goods could be
found.
In Judge Lindsay's department of the
district court a suit of DR.. M. G. Mac
Nevin against the county, or rather an
appeal from the action of the board of
county commissioners in disallowing a
bill for 5000, was tried before jury
and decided in favor of the doctor.
About a year ago a Mrs. Murphy was
scalded by her husband and it became
necessary to amputate her arm. She
became a county charge and was sent
to St. James hospital by County Audi
tor Davies. County Physician Sheeran
refused to attend her for some reason,
and the auditor requested DR.. Mac
Nevin to do so. He put in a bill for
$3.50 and the auditor reduced it to 5000,
but the commissioners disallowed it al
together, and the doctor appealed.
At the trial yesterday the county at
torney objected to the Introduction of
any testimony on the ground that the
auditor had no authority to employ DR..
MacNevin.
In overruling the objection, the court
said:
There Is but little doubt in my mind
as to the authority of the county audi
tor to employ physician in an emer-
sency case such as this, where the
regularly appointed county physician
refuses to act. Possessing such author
lty in such a case, the auditor was jus
lifted, under the circumstances he rep
the services of the plaintiff. In so rul-
lng, the court does not seek to estab-
fish a precedent as to other cases of
: similar character which MAY arise in,
the future, though the conclusion has
been reached that in this instance the
auditor was fully justified in proceed
ing as he did,
The court also instructed the jury
that il they found that the county audi
tor determined that Mrs. Murphy was
entitled to relief and that an emer-
gency existed and, upon the refusal of
the county physician to act, the auditor
requested DR.. MacNevin to attend the
woman and he did so. he was entitled
to recover reasonable sum for his ser
vices.
The Washoe Copper company yester-
day brought suit against Cyrus sly
monds to recover possession of the
Oden lode, which it is alleged he has
taken wrongful possession of.
The Anaconda Copper Mining com
pany brought suit against l. NJ Jacobs,
Abraham Binnard, Aaron Binnard
Birka Binnard and Sewel Davis. Off
GERS of the Montana Smelling and Min
ing company, for s93117 due on an ac-
count. 1t is alleged that the company
is insolvent and that the defendants are
liable for the account because they did
of the company with the county clerk.
as required by law.
A. P. HeinZe, who is cited to appear
before Judge Lindsay at 2 O'Clock this
afternoon to show cause why he should
not be punished for contempt, will not
have time to appear because he has
other matters on hand. He made a
deposition, however, which will be used
at the hearing
Dan Lucey, charged with the murder
of Patrick L.. Reagan, pleaded not gull
ty yesterday and his trial was set for
June 26.
Thomas Sadler, convicted of assault
In the first degree, will be sentenced on
Saturday.
The following cases were dismissed
yesterday by Judge Lindsay as settled:
A. F. Bray against John Bowers: ],
Corey against Joseph Weyerhorst; John
Jones against G. L. Pickel ct al, and
the case of A. w. Ericsson against P
Il. Reagan was dismissed for want of
prosecution.
The city of Butte yesterday brought
suit against ALBERT E. Bruce for tbe
purpose of condemning property for the
Of