The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-03-15
JURY SECURED AND SESSION uN-
DER WAY.
FIRST CASE IS TAKEN UP
State VS.. ouarnberg, Carried Over
from Last Term, Called
for Trial.

When Sheriff Hubbard made his re-
turns yesterday morning on the sum-
mons given him for the purpose Of
cummoning 40 men to form the panel
of the trial jury for the present term
of the district court it was that he
found and served all, except w. Han
sard, who is believed to be out Of the
state. Some of those summoned were
trif1e late in putting in their appear
ance, having been delayed by bad
roads and other causes, and Judge
Loud took a short recess to permit
the tardy ones to appear.
Upon reconvening court excuses
were heard from such as desired not
to serve. Those who satisfied his
honor that they had valid reasons for
not serving were r. l.. Potter, M. R.
Cedergreen, R. J. Diamond, NJ A..
Jacobs, A. S. Mooney, A. Coll and l..
A. Spaulding.
Those who were retained were
Frank Kinney, J. M. Ballow, Frank
Carleton, J. w. Cole, Phil Grein, Ed
ward O'Donnell, f. N. Wilson, Ole Nor
man, ]. M. Shoemaker, Horace Met
calf, J. E. Flood, j. H. Dover, George
Spenddiff, A. H. Martin, Arthur O'Don-
nell, L. A. Nutting, John Miller, John
r. Conway, R. ]. Lord, T. e. Gay, Hen
ry Disch, RoIland Potter, William
Scott, John Chandler, H. B. Clatiin,
w. M. Banta, w. e. Bowles, F. H.
Brown, Herman Becraft, c. F. Burton,
Mark Newman and G. A. Rogers.
Probate and ex-parte matters occu-
pied the attention of the court until
noon, while several motions pending
were also disposed of.
In the matter of the condemnation
proceedings instituted by the Billings
Land and Irrigation company against
E. G.. Summers, ct al, for right-of-way
across land OF the defendants for the
purpose of constructing the company's
canal, the defendants submitted a bill
of exceptions to the courts ruling
made in chambers. The bill was al
lowed and signed
March % was set as the date for
hearing the second report of the re-
ceiver in the case OF Rosenbaum
Bros. & 20. VS.. the Ryan Brothers
Cattle company, the First National
bank of Leavenworth, Kan, inter-
venor.
The court signed the demurrer en-
tered in the case of P. B. Moss VS..
Gwen F. Burla, county treasurer, and
also the order overruling the demur-
rer submitted in the matter of A. K.
Wick VS.. Grace Welch, ct al
State VS.. Quarnberg.
The first case to come up for hear
ing was that of State VS.. Carl Quarn-
berg, charged with grand larceny.
This matter was heard at the last
term Of court and resulted in dis.
agreement of the jury.
In the information it is alleged that
defendant June 10, 1902, stole mare
and colt of about year from Matte
Rue. On his own behalf the defendant
claims that he bought the mare and
colt from an emigrant whom he met
somewhere near Junction; that the
animals had strayed from the emil
grant and that he subsequently found
them and sent the owner the money
for them by his brother, who went
west and met the owner in the state
of Washington.
A motion by the defense for con-
tinuance was overruled by the court,
to which ruling the customary excep-
ton was taken, after which the task
of empaneling jury was begun. Al
ter excuses for cause and peremptory
challenges the following were accept
ed to try the matter:
~. e. Bowles, j. M. Shoemaker, G.
E. Burton, G. A. Rogers, ]. w. Cole,
William Scott, Frank Carleton, Rol-
land Potter, Frank Kinney, F. A. Will
son, l.. A. Nutting, Herman Becraft.
1t is evident that the prosecution
is determined there shall be no mis-
trial this time, so far as the submis-
sion of a mountain of testimony is
concerned. Twenty-nine witnesses