Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-05
COURT MATTERS.
JURY BUSY THIS WEEK WITH
LITIGANTS.
SOME RICH BEAR GULCH ORE.
Runs $4,000 to the Ton-Company
Has Good Thing, and Believes
In Keeping It.
Livingston, Mont, Feb. 5, 1901.

Livingston, Mont, Feb. 5, 1901.
District court re-convened Monday
morning for the purpose OF trying the
remainder of the cases upon the docket.
Judge Frank Henry presided and the
other officers of the court We're present.
The first business to come before the
court was a motion by Attorney II. ).
Miller in the case of OHern against
Courtney. The motion asked, on the
part of the plaintiff, that the case be
continued over the term for the reason
that a material witness, without whose
testimony the plaintiffs case would be
greatly jeopardized, could not be
brought before the court at this term.
This witness resides at Independence,
which is at present inaccessible because
of the great amont of snow along the
road. The defense being unwilling to
admit that this witness. if present,
would testify as set forth in the afti-
davit supporting the motion, Judge
Henry granted the motion for con-
tinuance.
The petit jury was called, consisting
of the following taxpayers: Fred Bas-
set, D. ]. Smith. w. F. Norman, I. f.
Haynes, c. A. Smith, Joseph Spangler
| c. T.. Hammons, l.. H. Shafer. George T.
Mcknight, w. A. Burdick, l.. II. Henry
II.
f. Reid, J. N. Melton, John Fodness, A
N. Shearman, j. H. Jones, Philip Herne
Sam Geyser, Frank Holem. Seth M.
| Kelly, Fountaine Black, Thomas Side
| botthom. The jury sworn for the term
The first case to be called for trial was
that wherein John r. King is plaintiff
and o. T. Armstrong defendant. The
case is in the district court on appeal
from the justice court of Livingston
township. The facts in the case are as
follows: In the year 1897, the plaintiff
in the present action induced a number
of farmers throughout the county to
| take a contract to SOW certain number
Of acres Of hard wheat the plaintiff
representing to these farmers that he
| would erect and have in operation in the
| city of Livingston Touring mill at
which the hard wheat crop could be
strength sire d these representations, the
defendant, Armstrong, took number
of bushels of seed wheat from the plain
tiff, alleged to have been contracted to
be paid for if the mill was erected,
otherwise not. The defendant received
the seed wheat, sowed it and raised a
crop, but the plaintiff failed to carry out
his agreement to erect the mill. The
defendant was forced by this fact to
send his crop to the mills of Gallatin
valley. and because of this alleged fail
ure on the part of the plaintiff to carry
out his portion of the agreement the
defendant refused to pay the plaintiff
for his wheat. In the justice court a
decision was rendered in favor of the
plaintiff, from which decision the de-
PENDANT appealed. The following jury
was finally selected to try the case,
after the defense and the plaintiffs had
| chalI Lam
and challenges for cause: George Paul.
Jr., A. N. Sherman. J. II. Jones, Phil
Herne, Sam Geyser, Frank Holem, Seth
NJ. Kelly, FOuntaine Black. George T.
Mcknight, L. II. Shafer, c. Z. HAM
mons and Joseph Spangler. The plain
tiffs We're represented by John 4. Smith,
while NJ r. Wilson took care of the de-
PENDANTS side of the case. The case is
still on trial. no decision having yet
been rendered.
Answer was filed Saturday in the case
of Maggie A. Yeaton against John j.
Martin. The suit is a very sensational
one, Mrs. Yeaton alleging that Martin
courted her like sin for months, and
then threw her down for Mary A. Stoel,
to whom he was married last month
Mrs YeatOn Is naturally very much
| wrought up over the proposition and
seeks consolement in an action for S., 600
damages. Martins answer denies that
he ever asked the plaintiff to marry him;
that he wouldn't marry her under any
consideration. He thinks she must have
been dreaming when she got the idea
into her head that he wanted to tie up
for all eternity with her. Nevertheless,
Mrs. Yeaton says that she'll show the
court that Martin is a gay old deceiver
and that he did promise to marry her
Martins attorney is w. II. Poorman.
| The case will surely be tried at this
term of court. Livingston gossips are
all agOg, waiting for the fateful day to
come around, when the voice of the
district judge shall be heard calling:
"Yeaton against Martin; gentlemen, are
you ready to try this cause?"
Mrs. George Wilkin died Sunday at
her home on Mill Creek fiat, about Is
miles up the Yellowstone from this city.
Mrs. Wilkin was taken with a slight
cold the first of last week. which ra j.
idly developed into a case Of pneumonia
Saturday physician was sent for, but
he arrived too late to AFFORD any re-
lief. Deceased was the wife of one of
the Oldest residents of the county ana
was very popular among all who knew
Ter She leaves several children to
mourn her loss. The funeral will he
held to-day from the residence. The in
terment will be in the Shorthill ceme-
terry on the Upper Yellowstone. The
sympathy of this community is extend
ed to Mr. Wilkin and family in their
, bereavement.
Albert V. Hoppe was taken to the de-
tention hospital last Friday, suffering
from a disease like smallpox. AS vet
he has not developed the disease in a
sufficient manner to authorize his re-
moval to the pest house, although II
is considered beyond doubt that he has
the disease mentioned. Mr.. Hoppe Is
brother of Lee Hoppe. who was taken
to the pest house some few days ago.