Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-06-24
OUT IN THE COLD
Judge Clancy Sets Aside the
Verdict Of the Jury
IN THE WESTLAKE CASE
And Gives All the Property to the
Woman Defendant-Other
Court News.

Judge Clancy handed dow his decis-
! ion in the Westlake case this morning
and it practically leaves the plaintlff IN
| the case out in the cold.
Sometime ago Edward Westlake
brought suit against his wife Annie for
! divorce and to compel her to give him half
/ the property then owned jointly by them.
In his complaint he charged her with nav
| ing used obscene and other bad language
| toward him and of having assaulted nm
| with a carving knife. The suit was tried
before a jury in Judge Clancy's court IN
February and resulted in a verdict in ia
! vor of Westlake. 1t was decided that ne
| was entitled to a decree Of divorce and
half the property. Following the return
of the verdict the defendants attorney
moved the court to set aside the verdict
and substitute one in favor Of Mrs. West
lake. The matter was taken under ad-
visement BY the judge, but while II was
pending a motion for the appointment OF
a receiver to handle the property was
made by the other side. In the
Westlake alleged that although he had
been declared an equal with his Wife IN
the property he had derived no benefit
from it. 1t was argued last week ana
taken under advisement. In rendering
his decision today Judge Clancy set aside
the verdict of the jury n declared Mrs.
Westlake to be the sole owner Of all the
property. but sanctioned that part of the
verdict granting Westlake a decree of dl-
vOrce.
In rendering his decision the judge
said:
Now. on his oath of June, 1899, the
court dissolves and discharges the %injunc-
49, 49, IL -, tt,fc nncn tffnr
due consideration the court denies the
amended motion asking for the APP
pointment of a receiver in this cause.
And the court of its own motion doth set
aside the verdict Of the jury in this
cause: and from all of the evidence and
the and of counsel, n this
cause being submitted to the court it is
now ordered. adjudges and decreed that
Edward Westlake be divorced and sep
arated from the bonds Of matrimony
heretofore contracted with the defendant,
Annie M. Westlake, as stated in plain
tiff complaints: and the court doth fur
Their find that under the law of the state
of Montana Edward Westlake has no
rioht or title in or to the said lots des-
cribed in the complaint herein; that is to
say. half of lots is. 10, 20.21 and % in
block 16 of the Leggat & Foster addition
to the city of Butte. And the court doth
fu! Their find that all of said property is
the property of said defendant. The court
10th further find that the said Annie
NJ. Westlake is guilty as charged by the
plaintiff and she is denied a divorce; and
the costs made and expended in this
cause are adjudged against her, the said
Annie"
Westlake was formerly a teamster, but
is now SO badly crippled from the effects
of rheumatism that a cane is often nee
essary to his success as an ordinary ped
estrian. At the trial in regard to the own
ership of the property he testified that
most of the property had been acquired
by and through his own labor.
The 81, 900 bond of Bernard Quinn as
executor Of the estate of Charles Quinn,
deceased. was approved by Judge Clancy
today It's sureties areSlemons & Law
lor.
The case Of the state VS.. l.. S. Hatch,
charged with the crime of grand larceny,
was set today for trial on August 2S.
In the matter of the state vs.. Theodore
Lawrence, accused Of grand larceny. the
count attorney was granted twenty days
time in Winch to file an amended infor-
nation.
The attorneys for Joe Shafer We're
granted a like number of days in which
to prepare and file some proposed amend
| ments to the bill Of exceptions.
John r. Bordeaux. Owen Thornton and
Richard McBreen have filed an answer to
the suit brought against them by Samuel
d. Sumwalt to decide title to the Mis-
sour Girl and Rear Stake lode claims To-
Gated near the Big Butte. The defend
ants own the Bordeaux and Bordeaux
Extension claims near the others and
have made application for a patent, but
the plaintiff has adversed their applica-
ton on the alleged ground that their two
claims conflict with portions of his two.
Cecilia Madden has instituted divorce
proceedings against William T. Madden
on the alleged ground Of desertion. Ac-
cording to her complaint. thir marriage
took place in Helena on February IS. 1895,
and they lived together until June 20, 1898,
when Madden left her. They have two
Children. and besides a decree of legal
separation the plaintiff requests the court
to grant her their custody.
Julia Marlowe Shoes and Oxfords,
black and tan, $3.50 and So. 80. TasselIs,
Is West Park.
CALLED DOWN.