The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-04-14
HEARING OF DIFFERENT DE-
PENDANTS is FIXED.
CITY SUING THE COUNTY
Agreed Statement Concerning coIIec-
ton Of Taxes from Insurance
Companies Submitted.
From Fridays Daily Gazette.

When Judge Loud recOnVened Inc
district court this morning it was to
hear the pleas of the different defend
ants arraigned yesterday and to set
their cases for trial. These were
heard:
Louis Leon, charged with assault in
the first degree, pleaded not guilty and
his case was set for April Is, at 9 a.
m. The defendants attorney asked
to have the matter continued for the
term because of the trouble likely to
be caused in obtaining the presence
in court of the witnesses subppoenaed
in behalf of his client. Objection was
made by the county attorney and sus-
tanned.
Fred Shaw, assault in the first de-
gree on Elmer Bentley; pleaded not
guilty. Trial set for April ~.
H. P. Rennie, assault in the first
degree on Tom Soloman.s The defend
ant entered a plea of not guilty. Be-
cause of the absence Of a witness
whose testimony it is claimed will be
material for the defense, a motion for
a continuance for the term was made.
The county attorney resisted, but the
court overruled him and granted the
motion. A new bond III the sum OF
$3.50 was ordered given by Rennie.
This was speedily forthcoming and he
was released.
Phillip Doremus Watkins, obtaining
money under false pretense. A plea
OF not guilty was entered and hearing
of the matter was fixed for April 20.
Ed Mcfarland, forgery; defendant
pleaded not guilty. Hearing set for
April "a.
John Heide, driving scab infected
sheep into the county. Through his
attorney the defendant had entered
d plea of not guilty, yesterday. Hear
ing of the case was fixed for April
~.
Civil Matters.
This having completed disposition
of the criminal matters brought to the
attention of the court, the civil cal
ender was called and the following
eases were set for trial:
Frech VS.. Conway, April 80.
Austin North VS.. Henry White, ct
ux, May 8. Permission was granted to
file, without prejudice, an amended
reply.
Billings Telephone company VS.. L.
l.. Moffett. A jury was waived and
hearing of the action was set for May
Link & Carter VS.. j.. G.. Sherman.
This matter was up yesterday on a
motion for leave to file an amended
answer to plaintiffs complaint. The
motion was granted and plaintiffs at
torney was given 80 days in which to
prepare and file a bill of exceptions.
Weise VS.. Bray. Jury waived. Case
set for hearing, May 5.
Schauer VS.. Italian Ditch company,
May 4.
An Agreed Case.
In accordance with the instructions
of the city council, w. M. Johnston,
attorney for the city, has instituted
an action against the treasurer OF
Yellowstone county for the recovery
of a certain sum Of money alleged to
be due the city On account taxes
collected from the various insurance
companies doing business in the oun
ty. There is no controversy as to
the facts in the case, the dispute being
one involving a law construction. Con-
sequently the matter was submitted
to the court on an agreed statement
of the case. Leave was given the diff
ferent attorneys to file briefs.
If the city is successful the money
will be converted into the. recently
established disability fund OF the fire
department.
Other Matters.
On the courts wi motion the case
of Gray VS.. Ashbaugh, which had en-
numbered the docket for a long time
was stricken Off
In the case of the Donovan-McCor
mick company VS.. A. H. Price the de
fault of the defendant was ordered
entered.
The court having previously heard
the petition OF John Riordan to be ap
pointed administrator of the estate oil
Michael O'Connell, deceased, an or
der vas made this morning making
the appointment as prayed for.
In the matter of the estate of Fan
ME Hendrix, deceased, the final &C
count of the administrator was allow