davidaulloa/AmericanStories huggingface dataset:
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
MOTION FOR
NEW TRIAL
Young Estate Against Pacific
Mutual Company.
PLAINTIFF WON TWICE
Case Has Been to Supreme Court and
Sum Involved Has More
Than Doubled.
PLAINTIFF WON TWICE

A motion for a new trial in the case Of
Samuel Mulvtlle as executor of the estate
Of Charles F. Young against the Pacific
Mutual Life Insurance company, to re-
cover judgment on an insurance policy
for $4,000, which Young held in the COM
pany at the time he was killed by a Mon
a Union train, about 10 years ago
was argued I'M Judge Clancy's court this
afternoon. G. w. Stapleton appeared for
the defendant and William Scallon for
h plaintiff.
At the conclusion Of the argument the
matter was taken under advisement by
the court.
This case has become quite celebrated
and is rather interesting. It has been
tried twice in the district court and in
each one the plaintiff secured judgment
for the fun amount, which with interest
up to date amounts to nearly 10000. It
has been in the supreme court once.
Young worked as a miner lear Meader-
vile and one day while returning from
work was struck by a train and killed.
A few weeks before the accident he had
insured his life in the Pacific Mutual for
$4,000, but when the time for paying the
amount arrived the company refused to
meet the demand. In the meantime,
however, the company a instructed it's
agent here to compromise with the public
administrator who was then handling
Young's estate. and a settlement was ef-
fected, the administrator accepting 5000.
The heirs of Young, who reside in Bos-
ton, objected to the proceeding, and had
Mr.. Mulville appointed administrator OF
the estate. The latter brought suit
against the company for the full amount
of the policy on the ground that the
public administrator had no authority to
settle the claim for 5000 or any other
amount. The company set up the de-
tense Of contributory negligence on the
part OF Young, but when the case was
tried the defendant was defeated. The
case was then taken to the supreme court
and a new trial was granted by that body
IN the ground that the lower court had
refused to admit certain testimony. At
the second trial his testimony was ad-
mitted, but it made no difference in the
result, as the plaintiff scored another VIC
tory.
Since the date the first verdict was
reached, which was along about 1892, the
$4,000 has been drawing interest at the
legal rate.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
REPUBLICAN, CON.
VENTION CALL.


A convention of the republican party Of
the city Of Walkerville is hereby called,
to meet at the Social hall, Walkerville,
Montana, on Monday, March 10, 1900.
Said convention is called for the pur-
pose OF nominating a mayor, treasurer.
police magistrate, three aldermen Zone
for each ward of the city Of Wa%lkerville),
to be voted for at the city election to be
held In Walkerville on Monday, April 2,
1900.
A caucus will be held in each ward on
Thursday evening, March Is. First ward
in the office Of Judge Marsland: Second
ward in the city hall, and Third ward in
Cyrus Retalick's blacksmith shop.
Primaries to be held on Friday even
ing. March Is, from A to 8 o'clock, for the
purpose of selecting delegates to said
convention. BY order of the committee.
CHARLES MERRIFIELD,
Chairman.
JOHN J.. DODGE, Secretary.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
HOUSE PROCEEDINGS

washington, March 13.-After passing
a NUMBER OF minor bills to-day the house
proceeded to consideration of the con-
ference report upon the financial bill.
overstreet, rep, in charge, explained in
detail the notifications of the bill. He
SAID every principle contained in the
house bill had been preserved in the con-
ference report except those relative to
taxation of national bank franchises.
The establishment of the gold standard
INTO law was still it's all important and
essential feature. This law he said
would become the foundation Of the bust
ness prosperity of the country.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
No Kentucky Trouble.

Frankfort, March 13.-A1 apprehension
OF further trouble had apparently disap-
peared when the two houses of the Leg
lslature meet at the usual hour to-day
without molestation from state troops.
Speculation as to Governor Taylor's
future action still continues, Taylor
himself refused all interviews on the sub
1ect to-day but prominent republicans
VINO have talked with him assert en-
phatically that Taylor will remain in
Frankfort and continue his fight for
What he considers his right until the
question of g~overnorship is finally pass
ed upon. The legislature will adjourn
sine die before midnight. Beyond Sem
ators Triplet's resolution appropriating
800, 900 for reorganization of the state
militia under Governor Beckham there is
little legislation of Importance pending
and the democratic members of both
houses expressed confidence Of passing
this.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
BRI=Fs

Dr.. Reed. Dentist. lis North Main. :
orion Bros. pianos organs 219 N.
Main =.
J. q. Bates. timer. Montana Music
company. Tel. 604.
Tinware, roofing. eavetroughs, smoke
stacks made to order. A. e. Jones, 26d
East Park.
c. G.. Dolman gives notice of change OF
his law office to No. q Silver Bow
block. .
cheney, Driscoll & Mitchell removed ia
81 East Park street, Silver Dollar sa-
loon.
Chemicals and assayer supplies. Fair
Drug and Assay Supply company, lis
East Park street.
The remains of Frank Fagen will he
shipped to Nebraska by Sherman. the
undertaken, tomorrow.
Butte Stove Repair for nx.
lures and Home Comfort ranges. Phone
$40. 2l6 e. Park.
The funeral of William NJ. Green took
place today at 2 p. M, from Sherman's
undertaking parlors.
New brand of Fresh Oysters. some.
thing new. Served only at Sherman's
Cafe.
w. j. Larrlour was admitted to prac-
tice in the United States courts today.
On motion of Attorney Dygert.
Office of Macdonald & Lynch, removed
from No. 81 East Park street to d. Gold
berg ticket Office, No. 81 North Main. =
The l 1000 damage suit Of David Siden-
bender has been transferred to the United
States court. The Oregon Short Line
railroad is the defendant. denband
who is IL years OF age, fell under a
freight train at McCammon Junction.
this state. Negligence OF the mpan is
alleged. 18T lr
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
STATE OF MONTANA. COUNTY =

STATE OF MONTANA, COUNTY OF
Jefferson-ss. In the Justices Court Of
Whitehall township, before A. Less
Justice of the Peace. A. r. McDonaId
plaintiff, VS.. Fred sherley. defendant.
The State of Montana to the above.
named defendant. greeting:
You are hereby summoned to be and
appear before me. A. Less. a Justice of
the Peace, in and for the County Of lot.
ferson. at my office in Whitehall on the
26th day OF March, A. d. 1900. at 10
o'clock a. m. Of said day. then and there
to make answer to the complaint Of A.
r. Mcdonald, the above named plaintiff
! ma civil action to recover the sum Of
twenty-seven 70-100 dollars for gooos.
merchandise ofthe reasonable value Of
1910 sold by plaintiff to defendant at his
request, and in default thereof iud1-
ment will be rendered against you, the
above named defendant. for the sum Of
t~wenty-seven n 70-100 dollars and
costs Of suit in this behalf expended.
Given under my hand this LIST day Of
February. A. D.. 1900.
A. LESS,
Justice Of the Peace Of said Township.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
AN lNCENDIARY
ATTEMPTS TO FIRE
A FRAME BUILDING,

lncendtaries attempted to destroy a
frame building, 21O South Idaho street,
this morning. The building is owned by
a Mr.. Alexander and is occupied by Mrs.
+. w. Mcdonald. The place was set on
fre In four different places, in three
places on the first floor and in one place
In the second story, and when the fire
department a~rrived>the odor of burning
coal oil was easily distinguishable. 1t
required some vigorous work on the part
OF the fremen to save the building from
destruction, blu the chemical had the
desired effect m the loss was very
small.
chief Sanger made a thorough inves-
tigation after the fire had been put out,
ne found wicks, which had been satur-
ated with coal oil, stuffed in between
the boards on the second floor. but owing
to the fact that the boards were some.
what damp, the fire could not gain much
Roadway, and the saturated wicks were
only partially burned.
Mrs. Mcdonald, the lessee Of the
mouse. was away from HON at the time
Of the fire and did not know of the Oc-
currence until several hours afterwards.
She was away from home last evening.
ana did not return until late this morn
ing. h recently moved into the build
ing from q building on Granite street,
The building was not insured, but the
furniture was insured for 81, 600.
About Il o'clock his morning a still
alarm called the department to the sa-
loon OF Schimpf & Ragley, 4S West Park
street. It proved to be a false alarm.
Carpenters at work in the basement Of
the building in a. spirit of josh called up
that the place was on fire, and MI.
Schimpf promptly sent in an alarm. Be
fore the carpenters could explain the de-
ne NJ m AMI hnd n rr,i - 0~3 49, 49, .-A
closed with a smile at the expense Of the
prOprietors.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
FIRST MEETING OF CREDITORS.

In the District Court of the United
States. District Of Montana, Court of
Bankruptcy.
In the matter OF William Connell. bank
rupt.
Notice is hereby given that on the 8th
day Of March, A. D. 1900, the said VIII
liam Connell was duly adjudged bank
rupt and that the first meeting of cred
itors will be held al the Court of Bank
ruptcy, No. 40 West Park street. Butte.
Montana, on the 9th day of March. A. d.
1900, at 2 O'Clock p. M. at which time the
creditors may appear, prove their claims,
elect a trustee, examine the bankrupt.
and transact such other business as NAV
properly come before the meeting.
THOMPSON CAMPBELL
Referee in Bankruptcy.
Dated March Is, A. d. 1900.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
misunderstood MORTGAGE.

Mary H. Bottego began an action
against Michael Carroll and A. T. Nor
gan today to recover Judgment for 1862,
which sum she alleges in her complaint
she paid to Mr.. Morgan in excess Of an
amount due on a loan of $500 secured by
a mortgage OH the south rs feet Of lot 3,
block ! Of the Travonia addition. She
further alleges hat she signed the
mortgage without knowing it contained
a power Of sale clause; that the property
was sold n bought in by Mr.. Morgan;
that in order to get it back again she was
obliged to pay $3.50 when the amount
should have been only 1888, which includ-
cd the principal and interest on the
$500. W
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
quotations to-day were:
LIQUOR DEALERS WIN AGAIN.

h afternoon the case of the City of
Butte against r. NJ. Freed of 7O1 South
Main street, came up for hearing before
Judge Sullivan. The defendant was
charged with selling liquors and beer
without providing himself with a city
license, under the new ordinance. City
Attorney Lamb, with John Bloor, secre-
tary of the Liquor Dealers association,
as associate counsel, prosecuted. The
court In rendering Judgment said that
the saloonkeepers were entitled to pro-
lection and he would see that they got
1ustlce SO long as he was on the bench.
He then ound the defendant guilty as
charged and fined him $3.50.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13

firm believer I'M had always been in thu
doctrine of the free n unlimited COIN
age of gold n silver at is to 1. Allen
was proceeding with an elaboration OF
his views hen he was Interrupted hy
Turner of Washington who had yielded
to him and was reminded it was a per-
sonal statement for which he had yield
ed and not a speech. Allen gave wa
but was followed by Butler who desired
to make a personal statement concerning
a similar matter.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
Germany'S Attitude.

Berlin, March 13.-It is emi-of1cially
announced that when the Orange Free
State and the T%ransvaal addressed to a
number of the large n small states a
request for friendly mediation the
German government replied that it
would willingly participate provided the
essential conditions Of such mediation
We're present, namely, the certainty that
both belligerents desired it.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
WORK OF THE SENATE.

Washington, March 13.-In the senate
at the conclusion Of morning business
Allen, rising to a question Of privilege.
said he had been m~isrepresented by GER
tain newspaper correspondents who re-
ported that Allen had abandoned the free
coinage of silver. He declared he was a
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
Consult the Wants in the Inter Mountain if You Need Anybody or ANYTHING

and Presiding Elder Jacob Mills has
placed a pastor in charge Of each church.
Rev. J. w. TAFT, who heretofore has
had charge of both churches, will con-
tinue as pastor of the South Butte con-
gregation. yas
Rev. Robert Shafter has been selected
to take charge of the Meaderville congre-
cation.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
SUES F0R DIVORCE.


Freda Selma has asked the court ia
give her a bill of legal separation from
william selma on the alleged ground of
cruelty. The plaintiff alleges that IN Oc-
tober % OF last year the defendant struck
her with his fist. They We're married in
his city on December Z, 1896, and have
one child, now 2S months old. Besides a
decree Of divorce she asks for the custody
OF the child and the privilege Of resum-
ing her maiden lame Freda Bjorklund.
Henry Body is suing his wife Martha
Tor divorce, and bases his right to a de-
cree on the alleged ground Of cruelty.
He states in his complaint that on Jam
uary 10 his wife poured boiling water
on MS head n body, and on the 9th Of
the same month attacked him with a
knife and threatened to kill him. He
further alleges that during June Of last
year she she struck him on the head with
a Ratchet and cut a cash an inch and a
half long. According to the complaint
the marriage OF the parties occurred in
this city on May II. 1897. w. E. Carroll
Is the plaintiffs attorney.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
SEPARATE

For a number OF years the South Butte
and Meaderville Methodist p~astorates
have been in charge OF one minister. The
growth OF the two congregations OF late
has been such that 1t has been deemed
necessary to create separate pastorates,
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
The Bocr Position.

Ladysmith, Monday, March. 1.-THE
main body Of the enemy is in position at
Biggarsberg. General Joubert is at
Glencoe. There is reason to believe that
few Beers are at Dundee, though the
place is well fortified.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
NOTICE OF DISSOLUTION OF PART
NERSHIP.

This is to certify that the firm hereto-
fore existing, doing business under the
firm name and style of Carney and
Wright, is this day dissolved. JOS. Cam
ney retiring. The business will be con-
tinued by Edwin Wright who will coli
lect all bills n pay all obligations OF
the said firm.
Butte, Mont, March 18th, 1900. !
JOSEPH CANNEY, ~
ED. WRIGHT. ~
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
Gen. White Sails.

Durham, Monday, March 12.-Generat
Sir George White has arrived here and
embarked upon the transport for East
London.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13

William H. Quail was admitted to citi.
zenship by Judge Clancy to-day.
Peter Barrenstein was also given full
citizenship papers.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13

An information charging David Stern
with forgery alleged to have been COM
mitted on February 26, was filed in de-
pa1tment No. 2 to-day. The defendant
was arraigned and took until Saturday
to plead. w. ]. Naughten was appoint
ed to defend him.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13

After a days busy toll. nothing brings
better cheer than a bottle of Muntzer's
Superb" beer, noted for its excellence
and strengthening properties. Call up
Butte Brewery. bottling department,
Phone 252.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13

John N. Olson, Music Teacher and Or.
chestra. 1875 West Granite. .
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13

thirty days, the understanding being
mat II the money is in the meantime re-
funded the charge will be dismissed.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
COURT NOTES.

A complaint charging John Murphy
with insanity was filed to-day by the
county physician. Murphy has been in
custody several days. 1t is said he i'm.
AGNES himself possessed of great wealth.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13
THE COPPER MINING SHARES

Boston & Montana vas again the fea-
ture of strength in to-day's trading in
the copper shares. 1t reached 5000 dur
ing the morning but receded a few points
at the close. Amalgamated's high point
was $95A. Butte & Boston $67h and
Parrot $451A. A meeting of Amalgamat-
ed and Anaconda directors has been call
ed for March 81, to take some action
looking to future dividends. Boston &
Montana's strength developed presume
on the splendid showing of the
mines and smelter as per report in this
issue.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13

Judge Clancy held a short session of
court this morning, but transacted very
little business.
The case of NJ. j. Cornell VS.. the Wa
shoe Copper Mining company was sent
to the foot of the docket. The hearing
OF the order to show cause in the case
OF Mary Vrooman VS.. George Vrooman,
the matter entitled Laurence Harris VS..
p. J.. McCleary, Westlake against West
uny VS.. Haggerty, ct al, and the
Home Investment VS.. c. S.
Warren were continued until next Sat
urday.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13

FOR RENT-A PLEASANT FURNISH
ed front room, 9 East Granite.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13

FOR RENT AND FOR SALE-ALE
kinds of sewing machines. needles and
supplies. Sherman's Undertaking. 125
East Park.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13

DR.. German. dentist. ia N. Main,
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-13

The county attorney took he eposi-
lions of Thomas Jones and his wife this
afternoon in the case of the State against
Burt Marsh.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1900-10-12

The elimination of the long senatorial
struggle approaches, and it is to be hoped
that the end will have been reached by the
time another issue of The Phoenix appears.
Under the law of the United States gov
erning the election of United States sena-
tors, each house of the Vermont legisla-
ture will vote in its own chamber next
Tuesday for a United States senator to
succeed Senator Morrill,. The result OF
this vote will be recorded on the journal oil
each house, and If each house has cast a
majority of votes for the same person the
election will then be practically complete,
the only formality remaining being that OF
announcing the result in a joint assembly,
| to be held at II o'clock meridian on Wed.
nesday. But if such a majority has not
been cast by each house, vote must then
be taken in the joint assembly, and at
least one vote must be taken in Joint as
sembly at noon on each succeeding day
until senator has been elected. This, in
substance, is the provision of the United
States law. A long struggle is possible,
but 1t is to be hoped on all accounts that it
will not ensue.
In an editorial elsewhere copied from
The Barre Times the essential point in this
contest is admirably stated. 1t is true
that, in the personal issues that have been
introduced, the main issue has been large
ly overlooked. The question for the legis-
lature TO decide is who is the man best fitted
70 represent Vermont in the United States
Senate. We believe there is no doubt of
the truth of the conclusion of The Times
that ex-Gov. Dillingham; is that man. He
has come through the canvass with char
acter and reputation unsullied, he has not
been guilty of any questionable means
during his canvass, he is stronger before
the people than ever before.
In our legislative letter of this week, it
will be seen that caucus of the Windham
county senators and representatives has
shown that the contention made by The
Phoenix ever since the election was held,
that Gen. Grout is absolutely sure of only
one vote in this county, is right. Whether
he receives one or more Democratic votes
remains to be seen. The vote in the eau
Gus shows that he has only one Republi-
can vote. His strength in Windsor and
Bennington counties is all that has been
claimed.
The Dillingham; managers remain en-
tirely confident that he has a strong lead
in the total vote, and that it only remains
for his supporters to stand firmly by him,
refusing TO listen to any proposals of
trades, political or otherwise. There is
no doubt of the wish of very strong ma
jority of the voters of Vermont in this
matter The present duty of every Dill
ingham supporter in the legislature is to
stand by his convictions and see that the
popular wish is given expression and put
into effect.
Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1900-10-12
Hands on .h. supreme Court.

There are several new developments in
our state politics this year. Newest of
these is the proposal in Democratic quar-
ters that the Democratic membership of
the House shall put up "trade" on the
senatorial question whereby Democratic
member of the supreme bench of the state
shall be secured. There is no objection to
a Democrat being put on the bench of the
state of Vermont. On the contrary, it
would be fitting and proper thing to put
an able and competent Democrat there
when the proper occasion comes. We
should like to see it done. But 1t is a
distinct belittlement of our judiciary to
propose to do this purely as a political
job, or on the basis of working the present
Democratic membership in the legislature
''for what there is in It," The scheme,
as it is laid out, is to try to hold the
Democratic membership of the House as a
unit until one side or the other in the
senatorial fight agrees to see that one of
the present Republican judges is displaced
and Democrat elected. We are assured
that Gov. Dillingham; refuses absolutely to
be a party to any such proposal. We
would rather see him defeated than to
have him elected through any such deal.
1t has never been charged, or even
suspected, that our judiciary as organized
today has ever been influenced by any
partisan political bias. 1t would be a
disgrace to turn down any member of the
bench, or to attempt to do it, as a political
job. We have no idea that any consider
able number of Republican members
would even listen to any such proposal.
They certainly ought not. Let the sena-
torial question be decided ON its merits,
and let the judges of the supreme court be
elected on their merits. When there is a
vacancy lon the bench, or when for any
reason the legislature is called on to elect a
new man, If there is then a Democrat
available who is fitted by education and
experience and judicial temperament to
occupy it, give him the place. But give 1t
to him on his merits, and not because
somebody wants to degrade our judiciary
by trading for 1t.
We are having new departures enough
in our state politics this year. Keep the
supreme court out of them.