Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1904-12-14
BUSY WEEK
IN COURT
Mining Case OF Barrows Versus Gold
Reef Mining Company Decided in
Favor Of Plaintiff.
voeeL ACQUITTED BY THE JURY
Verdict of Not Guilty Of The Crime
Charged Brought in by Jury
After Short Session.

The town is full of Jurymen who
have come in for The present term OF
the district court and there are busy
times at the court house. When the
Reid case was called for retrial Sat
urday it was found that a new venire
would have to be made so the new
jurymen were summoned to town.
This term of the court has used a
large number of jurymen and IL has
kept the sheriff's force busy looking
up eligible men. Judge Cheadle SEN
fenced Vogel Saturday morning in
accordance with the verdict of the
jury in the first grand larceny case
which was brought against him. In
doing so the judge had a little to say
as TO the conducts of the juries in
general and expressed his surprise
at the action of the jury in the last
Nogel case although he did not crit.
lClSe lHtm IN Ile ledSl.
The case of Clarence Barrows YER
sus the Gold Reef Mining company
came on for trial last week and was
decided by the jury in favor of the
plaintiff. The case came up over the
question of ownership of a mining
claim which lies very zeal the old
Gilt Edge properties. The Gold Reef
company was about to have the land
in question patented anu Mr.. Barrow
brought an adverse suit to prevent
them from doing so. The company
claimed that the stakes had been
moved and the claim swung around
onto their land. The jury thought
differently and decided against them.
Dekalb & Ayers were for the plain
tiff.
Another case was brought against
Fred NOgel last week on a charge OF
grand larceny. The prosecution at
tempted 10 prove that on or about
September 5th of this year Fred Vo-
gel stole and killed a COW belonging
10 n. VI. McCauley and branded the
same with his brand. There were
various Witnesses put on the stand
To prove this, among them being two
men, Andrew Alvin ana Louis Alvin.
NoSel plead not guilty 10 the charge
and denied all knowledge of the kill
ing of the COW lie claims to have
killed a t~wo-year-oid steer on that
date and some time after that sent
bought by the Abel Meat maj ket. A
hide was put in evidence as the hide
brought in and sold. but Nogel claim
cd that was not the hide and there
Was not enough evidence offered Oh
the part of the state to convince the
jury that Vogel was suilty of the
crime.
NoSel testified that the Avin broth
ors had been working for him and he
had discharged them. and that they
left saying they would get even with
him. As they were the principal wit
nesses against him the defense set up
That IL was a conspiracy and this was
the main point in their argument.
The case went to the jury shortly af-
ter nine o'clock and they returned
with d verdict Of not guilty in three.
quarters of an hour.
Fred Vogel had already been con-
victed of grand larceny al this term.
the state proving 10 the satisfaction
of the jury that he had stolen a calf
belonging 10 N. NJ. McCauley. The
principal evidence against him wds
furnished by the Alvin boys, and the
larceny being alleged to have occur
red al the same date as the crime al
legged in the second case. Whether or
not the attorneys for Vosel will ask
for a new trial. Is not known. Frank
+. Smith and John C. Iiuntoon were
The attorneys for Mr.. Vo2el on the
last trial and did excellent work.
On the retrial of the Reid case the
jury rendered a verdict of guilty and
liked the penalty at two years inn.
prisonment in the penitentiary. This
IS the man who was charged with as.
SILT on Bert Wareham at Kendall
shooting him in the side. On the
former trial of the case ii resulted in
a hung jury and hence had to be re-,
tried. Tuesday the case of Dewitt
versus Morase came up for trial
Huntoon. Worden & Smith were FL
the plaintiff and Rudolf Won Tobei for
the defendant.
New cases entered with the CLERK
are
Judith Hardware company versus
Frank Schulze. Attachment o. w
Belden Is for the plaintiff corporation
First National Bank versus Her
bert Atkinson and Pauline Atkinson
Foreclosure. Blackford a. Blackfort
represent the plaintiff.
Gilt Edge Mercantile company yer
sus Ralph Bartlett and wife. Attach
ment. F. A. Barnes is the plaintiff.
attorney.
: Chas. Lehman & Company versus
Anna Vogel and Fred Vogel. Attach
ment. Blackford & Blackford REP
resent the plaintiffs.
Silverman Wallenstein compan!
versus r. w. Jones. Attachment
Huntoon. Worden a. Smith are 70
the plaintiff.
Judith Hardware company versui
William A. Shaules. Mary A. Shaules
George S. Wells. Joseph King an,
George w. Anderson. Foreclosure
Blackford G. Blackford appear for tn
!, plaintiff.