Red Lodge picket. [volume] (Red Lodge, Mont.) 1889-1907, 1902-12-05

he would have otherwise received.
and sentenced him to two years con-
finement in the penitentiary at Deer
Lodge
Charge Against Baker Didn't Stick.
Acquittal Of the charge against him
was the result of the trial on Satur
day of W. C. Baker on the charge of
assault in the second degree. This
was the case that grew out of the
by defendant of Charles Dal
glisch at the Council saloon some
thing over two weeks ago. The de-
fense put up was that the defendant
when he resorted to the use OF the
knife feared that he was about to be
assaulted by Dalglisch and friends of
his and found it necessary to arm him
self with weapon Of some kind to
prevent his being headed up by Dali
glisch and those who accompanied
him. The row between him and Dal-
glisch had started in dispute as to
whether COW punchers or coal diggers
the debate waNed quite acrimonious
before the climax was reached. 1t was
brought out that both parties We're
feeling their oats at the time and
were probably a little more emphatic
in their assertions than the cirCun-
stances would warrant From the nvi-
dencc the jury We're inclined to the
opinion that there were eXtenuating
circumstances for the assault and ac-
cordingly acquitted the defendant. The
prosecution was conducted by Coun-
ty Attorney Caswell and George w.
Pierson and the defendant was repre-
sented by a. G. Woodward.
Judgment Of $500 for Lyons.
In the case of George ". Lyons
against Peter Wester on appeal to the
district court, Lyons got verdict for
$500 damages, whereas he had only
been awarded $3.50 in the Justice
court The suit in the first place was
brought against Wester to compel the
abatement OF a nuisance which it was
claimed was located in close proXim-
| ity to we'll upon the premises of Ly-
ons and which so contaminated the
waters of the we'll as to render them
dangerous for use for domestic pur-
| poses. The case was retired before a
Jury in the district court on Monday
and the jury by their verdict said
| that Wester had not been punished
Sufficiently and added the additiona
$50 which was sued for as damages
Iby Lyons. George w. Burke appeared
as attorney for Wester and f. G
| Woodward conducted the case for Ly
ons.
Divorce Granted Mrs. Roach.
| Mrs. Gertrude Roach was granted a
divorce Saturday from her husband
James w. Roach, of Streator, III. Mrs
lRoach, who is the daughter of Mr.. ant
Mrs. Frank Kelly Of Red Lodge, sale
that her husband, from the time o
their marriage two years ago, hat
lfailed to provide the necessaries o
life for her spending what money h
learned in drink and dissipation.
To the interrogatory Of the court a
to what amount Of money, if any, tha
Mrs, Roach had received from he
husband since she left him at Streato
and returned to her parental home i
this city. Mrs. Roach said that he
husband had written to her severa
times, but that the only time he ha
ever sent her anything to keep tn
wolf from the door was when he ser
lher a two-cent stamp. Only once ha
T she received this munificent allOWanc
and she intimated that this sum coul
hardly be considered enough for nc
support here in Montana. Judge Hel
, nv conceded with this opinion an
, granted the decree asked and aWar
' ed the mother the care and custOd
I of her little child
Suit for Damages Between Rancher
A night session Of district court W;
:. held Tuesday to try the issues invol
ed in suit for damages brought
:, Tilman G.. Graham against y. =. Hoo
ranchers residing on Sage creek. W
defendant had entered into contra
= with plaintiff to carry on the latter
Il place on shares. but it was claim
, that he had not lived up to the &C
e tract and therefore the suit "
], brought The jury found for the
n fendant, T. S, Hood, awarding ~
a. damages.
e Question of Eminent Domain.
ID The suit brought by w. r. Mey
s. against w. 3. Nutting to determl
er what rights he possessed to the u