The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-10-07

Buckley's hearing was fixed for No
vember II, West for the following
day and Gridith's for the next day.
State VS.. Edward Backley, William
West and Patrick Griffin; burglary in
the first degree; pleaded not guilty;
severance granted. Buckley will be
tried November IA, West Noveu,,e..
10, and Griffin November 16.
| ouarnberg Discharged.
| On motion OF the county attorney
the long pending case against CARL
Quarnberg, charged with the larceny
OF horse, was stricken from the
docket. Quarnberg had been tried
twice and on each occasion the Jury
failed to agree. The absence of ma.
terial witnesses and other matters
caused the prosecution to consider it
waste of time and money to attempt
to secure the defendants conviction
and he was accordingly released and
his bond exonerated.
Civil and Probate.
Three DEGREES were granted to that
many plaintiffs that asked for a sew.
erance of the marital bonds. The
first who was given the wished-for
release was Dollie Miller, who was
given a divorce from Edward Miller,
by default, the defendant failing to
put in an appearance. Virginia
Lewis was freed in like manner from
Fred Lewis, as was also John Ellis,
who claimed that his wife, Emma Ell.
lis, had deserted him. In the latter
case an answer had been filed by the
defendant, but this was ordered
stricken from the docket and the de-
fault Of the defendant entered.
Theodore Behrendt and George w.
McConkey were made full American
citizens by the issuance to them OF
final papers of naturalization.
The case Of Peter Larsen VS.. City
OF Billings, an action for personal
aemages alleged to have been sus-
tained because of the negligence OF
defendants servants, was up once
more this time again on demurrer
to the complaint. The matter was
submitted without argument and the
demurrer overruled. Defendant was
given until November l to file an
answer.
Miller VS.. the Northern Pacific Rail-
way company, to recover for livestock
said to have been killed by one of the
company's trains, was set for Novem-
ber II at 2 p. m. Cosgriff VS.. the
same defendant was also set for the
same date and hour This case will
come up on a demurrer interposed by
defendant against plaintiffs com.
plant.
In the matter of the estate of Albert
Butler, deceased, the court heard two
petitions praying for the appointment
Of an administrator of the estate. The
first was by Austin North and the
second by O. D. Hogue, public admin
istra or. The latter was granted.
An oldar was made directing lanes
Y. Haynie, .eteiver in the case Ct
Rosenbaum Bros. & Co., the First
National bank of Leavenworth, Kans. !,
intervenor, VS.. the Ryan Bros Cattle
company, to prepare and file with the
clerk of the court report showing
his action as such receiver since the
date of his appointment. In addition
he must also file copy with each at
torney in the case.
Orders approving the action Of the
chairman of the board of county conf
missioners in the several insanity
hearings that took place before him
during recess of the court were is
sued.
The Williams Case Again.
The almost forgotten case OF State
VS.. T. A. Williams was before the
court. The action has been pending
many months and is brought for the
purpose of ousting the long absent
clerk of the district court from his Of
flee. 1t will be remembered that the
action was originally brought in the
supreme court, which tribunal ruled
that it had no jurisdiction and re-
manded the matter to the lower
court. Formal proceedings to declare
the Office vacant were then begun. AS
personal service could not be made
upon the respondent it had to be done
through publication. Because OF the
length of time required by law for
such notice to run the case could not |
be called up for final disposition until |