Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1903-10-07
Thursday, October list.

PENDANT returned.
Thursday, October list.
The trial of Walter Talton. charged
with the theft of two sacks of wool
from Mons. p. Teigen. occupied the
attention of the court until late in the
afternoon. Taltou's attorneys endeav-
ored to obtain a continuance on the
grounds of failure to locate certain re-
quired witnesses. one by the name of
Russell Long and another named Sny-
der. They made a strong argument
for continuance bur the county attor-
ney, in resisting the motion, indicated
his belief that the witnesses were
mythical. The motion was overruled
and after dinner Talton changed his
plea TO guilty and sentence was post.
poned until Saturday afternoon.
Juryman ]. S. Phillips was excused
until Monday.
The executor of the estate of Got
tlieb Heiserman. deceased, was then
granted permission to borrow from
the Bank of Fergus County $1,000 for
a period of nine months.
Friday, October End.
In the matter of alimony allowed
plaintiff in the divorce case of Callie
Moshner VS.. Frank Moshner. defend
ant had pungled since the court took
cognizance of his dilatoriness and
contempt proceedings were dismissed.
Ed. Foster and w. A. Forsyth had
settled their differences without the
assistance of the court and the action
was dismissed.
J. 7. Tubb was dismissed as a jury
man and Christ Knerr was excused
for the day.
In the action of the Judith Inland
Transportation company VS.. C. III.
Williams, defendant was given fifteen
days additional time in which to make
answer.
The differences of G.. S. Wells and
w. A. Shaules ct al. of Kendall enter
tanned the jurymen for several hours
today. Wells had purchased a lot
from Shaules and a disagreement
both as to the terms of purchase and
the rights of Wells in the premises
had arisen. Upon the submission of
the testimony for the plaintiff the de-
PENDANTS attorneys moved for a ION.
suit in so far as the Kendall Invest
ment company and j. r. Cook were
concerned, which motion was sustain
ed. Seven questions were submitted
to the jury and the answers to six
were in the plaintiffs favor, while
the seventh fixed Wells damages at
$3.50. Both parties appeared satisfied
with the result.
Saturday, October Bird.
In passing sentence upon Walter
Talton, who pleaded guilty to the
stealing of two sacks of wool from
NJ. p. Teigen, Judge Cheadle today
stated that it was his belief that Tai
ton had c~onfederates who had made
good their escape. Talton was gen.
erously admonished that honesty was
the best policy and that he would find
il far more profitable in the long rum.
Considering this was Talton's first Of
Tense he was let off with one year in
Deer Lodge.
1t was remarked, that considering
reports in circulation last summer,
if every man who stole two sacks of
wool was sent to Deer Lodge by Judge
Leslie. Great Falls would be almost
depopulated.
Judson Magallon will have to stand
trial for grand larceny, the motion OF
his counsel TO dismiss the action be-
ing o%verruled today. Trial Is set for
October 23rd.
In Wells VS.. Shaules a stay of pro-
ceedings for ten days was granted.
Juryman w. II. Carl was excused
for the term.
The claim for damages brought by
J.. w Chan against Frank Moshner
ct al. was on trial from early In the
morning until late at night and fur
nished some amusing incidents. Chan
was suing Moshner for damages to
the amount of s2,S03 On account Of
troubles arising a year ago when
Chan purchased from Moshner a
ranch near Lewistown. The plaintiff,
who Is a Bohemian, and, though he
speaks good English. is difficult to
understand. was on the stand just
before dinner and being questioned
by his attorney, Mr.. Belden, concern
ing the damages alleged. When ask.
ed to fix the amount, he said he
would leave that to the jury, and, be
ing pressed for a reply. which was
the essential part OF the case, finally
said about $500" This was a hard
blow to his attorneys who had In
their complaint set up claims for
nearly $4,000, and Mr.. Belden was
quick to impress upon the court and
jury that the witness evidently did
not understand the questions and that
an interpreter would be necessary.
But during the noon hour 1t was
made plain to Chan tina. he must be
a better witness himself If he desired
to win the suit and when he again
went on the stand he put his figure
considerably higher, but still appear
ed to think that 1000 would cover
his losses. The jury gave him $685.
40.
Cases set for Monday and Tuesday
not being ready for trial or not requir-
ing a jury, Judge Cheadle dismissed
the remaining members of the panel
and summoned another. deeming this
cheaper for the county than holding
the jurymen here in idleaess for sew.
eral days.
Monday, October 5th.
Therese Mcdonnell. the plaintiff
against r. S. Hamilton. for adjust
ment of differences concerning a
ranch. not being able to appear in
court. the case was continued. the
plaintiff 10 pay defendants costs al
this term.
j. l.. Bright made no appearance as
defendant in the case Of Pete Tus vs.
Bright and a default was taken by
plaintiff, proof submitted and judg
ment ordered taken.
II. II. Weaver VS.. Hattie Dunn wa,
dismissed without prejudice.
The new jury panel was drawn
fEaR, th. pnKnap ~ EhAsa I.t.- ..s.k