The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-05-08
support OF, the tour children the cou-

y =
| support OF the tour children the cou
| pie had
Brooks, who is barber, failed tc
make the required payments and the
proceedings of Wednesday we're in
compliance with motion of the at
torney OF Mrs. Brooks, Henry A. Firth
When the matter began Brooks said
he had no attorney and was not able
to employ one. MIR. Firth assurea
him and the court that he wo-ld be
fair to the defendant and the fun
opened. In behalf OF the plaintiff
several witnesses were examined, the
ostensible object of their examination
being to show willful desire on the
part of Brooks to evade the order
compelling him to pay alimony and his
ability to pay, were he so minded
One witness testified that he had
bought Brooks shop, paying him $3.50
for it, while two others said they had
been employed by the defendant and
testified as to the amount of money
he took in.
When Brooks took the stand he ad-
mitted the sale of the shop, but said
1t had been made last December, pre-
vious to the order for alimony, and
that he had been compelled to sell
because of mortgage on his proper
ty and to meet other debts. He prov
ed to be amply able to take care OF
himself and when the court supple
mented the cross questioning of the
attorney with questions of his own,
BROOKS did not lose his presence OF
mind, but was ready with a reply at
all times. He was finally permitted to
go. the judge telling him that he
would be given until the first day OF
the next term of court and that unless
he paid at least $40 month during
that time. he would be up again and
then it might not go so easy with
him.
Got Nominal Damaue.
F. W. Schauer was a sadly disap-
pointed man when the jury that tried
his case against the Italian Ditch
company returned it's verdict last
Tuesday night. The action was for
the purpose of. recovering $315, in
which amount he claimed to have been
damaged by the defendant because
OF it's neglect to take proper care OF
the waste-'water running through it's
canal, below which Schauer's land is
located. The sum he demanded was
in payment for the destruction of lot
of hay and five acres of alfalfa land
that he claimed had been about ir-
reparably injured.
Many witnesses for both sides were
examined and it was necessary to
carry the case over a couple of days.
When finally submitted the jury re-
turned verdict fixing the amount
of the plaintiffs loss at 81. AS the
costs he incurred are not small the
amount awarded him will leave
Schauer out of pocket, not only for
the loss he claimed to have sustained,
but also to the extent of the costs of
the court and attorney tees.
Motion for New Trial.
Wednesday afternoon William Wal
lace, Jr., of Helena, attorney for the
defense, and H. c. Crippen, for the
plaintiff, were engaged in making a |
comparison of the bill of exceptions
which the defendant was preparing
to file in the case of John Smith VS..
the Northern Pacific Railway COM
pany. The action was tried at the |
last term of court and was brought
for the recovery of personal damages
Smith claimed he sustained by being
put off unlawfully from one of the
defendants trains, between this city |
and Junction. A verdict for the plain
tiff was returned and the usual time
was granted the defendant to pre-
pare and file a bill of exceptions
With some changes the bill was set
lied and Wednesday night it was SUBJ
mitted in support of motion for a |
new trial. The arguments on both
sides were lengthy and at their con-
clusion the court announced that he
would take the motion under advise
ment.
Notes,
Yesterday morning the case of Aus
in North VS.. Henry White was called
.or hearing. The action is to settle
l dispute concerning the right of title