The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-01-05
JUDGE LOUD FORMALLY CON.
vENEs DISTRICT COURT.
ALL PLEAD NOT GUILTY
Three Alleged PurIoners Of Horse
flesh AlIege Their Innocence
and Demand Trials.

court for Yellowstone county this
morning with III cases on the docket.
OF this number seven are criminal,
81 civil and IS probate. OF the latter
many will probably not be reached,
while others will come up for the u.s.
ual orders and DEGREES.
Carl Quarnberg, Frank L. Purl and
Robert Mickenheim, all charged with
grand larceny, were arraigned and
ordered to appear for plea at Q o'clock
In the matter of the motion to retax
the costs in the case of State VS.. Hack
EFT p. Rennie, tried at former term,
the court made an order in compliance
with the motion. In this case it was
held that the court did not have the
power to tax the costs in a criminal
proceeding against a defendant and
make them a part of the fine, where
the latter had been fixed by jury.
Plaintiffs demurrer in the. case OF
Rosenbaum Bros. & Co. VS.. the Ryan
Brothers Cattle company, filed to the
complaint of the intervenor, the First
National bank of Leavenworth, was
overruled and 80 days were given in
which to file an answer.
L. A. Corey was granted divorce
from Mary B.. Corey. The decree
was ordered on plaintiffs proof de-
fendant having failed to answer.
In the estate of Henry Colwell, de-
ceased, the. petition for final distribu-
tion was granted and signed.
A like order was made IN the mat
ter of the petition for final distribution
and discharge of the administrator,
filed in the estate OF Carrie E. Chafee.
venire for Jury.
An order was made directing the
clerk to draw the names of 40 persons
to serve as trial jurors for the term.
These were drawn: j. F. Platt, Nels
G. Alvin, G.. G. Hardin, e. G. Sum-
mers, John Conway, Wright Harvey,
Grant Van Houten, Charles Spear,
August Lessa, William Lamey Charles
r. Stoll, T. c. Armitage, w. w. Smith,
Andy Fulton, ]. A. Cowell, w. J. YOU
mans, Edward Cardwell, George H.
Smith, L. H. Hartman, T. P. Shevlin,
P. B. Moss, William Robinson, Frank
A. Condaux, H. T. Ramsey, August
Schmudlach, H. G. Hendrickson, R. K.
Babcock, David Penman, Henry Haid,
G. H. Frady, Phil Grein, Lester For
ester, w. l.. Mains, William Shipp,
w. F. Loffer, George Lacey, G. J. Bal
langer and Neill Flatt
The venire is made returnable Fri
day morning at 9 o'clock, January Is.
All Plead Not Guilty.
When court reconvened this after
noon the three defendants arraigned
at the morning session were called to
plead. Carl Quarnberg, who is charg-
ed with the larceny OF a horse, plead
ed not guilty and his trial was set
for Tuesday, January 19.
Robert Mickenheim, another alleg-
ed horsethief, also entered like plea.
He will be tried Monday, January 18.
Frank L. Purl, still another man
accused of a weakness for horseflesh
not his own, also denied his guilt. He
will have his trial Friday, January Is.
Nelson Is Discharged.
After the others had been arraigned
the county attorney filed a motion and
affidavit asking leave of the court not
to file an information against Hans
Nelson, who was under bond for his
appearance as an accomplice of Purl.
The affidavit set forth that after due
inquiry the affiant was satisfied that
no conviction could be had, as the
testimony would show that the ue-
fendant had come honestly into the
possession of the horse he was alleged
to have stolen, having acquired it
through purchase from. Purl
The court granted the motion and
ordered the defendants discharge and
exoneration of his bonds.
After setting the trial of Joseph
| Lathrom, who had mistrial at the
last term of the. court on the charge
Of passing forged check, for Satur-
day, January 16, the Judge called the
civil calendar.