The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-01-16
SESSION OF DISTRICT COURT is.
BEGUN.
STATE VS.. LUTHER HEARING
First Case Called That of Man Charg-
ed With. Stealing a
Calf.
From Tuesdays DaiYy Gazette.

From Tuesdays Dairy Gazette.
Judge Loud, the court officials and
attorneys entered this morning upon
the long grind which is before them
and the district court for the January
term took up where it left off when
a recess was taken last week.
The first business in hand was to
select a panel of trial Jurors, the sher-
ifs Office having made returns on the
venire issued last week. James Phil
lips, Lester Forester, w. l.. c..
Mitchell. H. Pearsall, P. L.. Lotus,
Grant Foster, John Kimmerle, ]. ].
Dunlavey, A. G.. Rich, John Stems,
Alfred Swanson, Ed Krichbaum, D.
A. Benedict, S. D. Church, John M.
Motifs, William Walker, Peter Peroe,
Jacob T. Sanford, Levi Colgrove, V.
w. Eames, N. I. Algeo, E. G. Sum-
mers,. w. L. G. Unger, H. L. Calhoun,
Charles O'Donnell, G. Giacomella,.
Adam Airth, Austin North, J. Sleeper,
J.. Sansome, J.. w. Appleman, Thomas
F. Moore and Gus Johnson responded
to their names when the list was call
ed. G. T. Gamble, j: c. McKune and
B. c.. Jacobs failed to appear, while
the sheriff reported having been up-
able to find Thomas Hogan, w. l.
Jones, James Russell, Andrew Sulli-
van, ]. E. Smith and Ole Paulson.
Gus Johnson informed the court
that he was not a citizen and was
excused, being disqualified by that
reason to serve.
Excuses were called for by the court
and several offered. H. J.. Calhoun
said he was the constable at Column
bus, Charles O'Donnell had stock to
look after, as did also G. Giacomella;
Adam Airth said he was an active
fireman, Austin North was very busy,
SC was j. Sleeper, while j. SAMSON
is running an engine. All were ex-
cused. L. E. Schad said he would be
needed in the store after the 18th,
but the court concluded to hold him,
promising, however, 70 eXcuse him be-
fore that date.
The ~absentees now appeared in
court, but a panel having been secur-
ed, they were excused. Those retain
ed were now sworn for the term.
State VS.. Luther.
Everything being in readiness to
proceed with the trial of cases, the
court called the case of State VS..
Leonard Luther, informed against for
grand larceny. The accused is charg-
ed with having stolen a dark red
heifer, six months old, from David
Fratt and Frank O'Donnell. The al
legged offense is said to have been
committed September 2S, 1902.
The following were sworn as jurors
to try the case: Peter Pero, Jacob
T. Sanford, Levi Colgrove, V. w.
Games, John Pearce, N. l. Algeo, E.
G. summers, "A. j. HdTl, w. L.. VI. IN
ger, j. w. Appleman and Thomas F.
Moore.
Notes.
Owing to the absence of f. w.
Kreidler, the regular court reporter,
who is busy at Forsyth taking testi-
mony in the political contests, Harry
Wilson has been appointed temporary
s~tenographer.
By consent the answer of the de-
fendant in the case of the Slater
Brick company VS.. A. Motschman, an
action for debt, was permitted to be
amended by interlineation, and the
defendant confessed to the plaintiff S
demurrer to his answer.
In the case of the Billings Tele-
phone company VS.. L. L.. Moffett ct
al consent was given to permit the
plaintiff to amend it's complaint by
interlineation. The demurrer of the
defendants to the complaint was sub
mitted without argument.