The river press. [volume] (Fort Benton, Mont.) 1880-current, 1905-01-04

Concord. These are points on the
main line west of Havre. The COM
pany is having considerable difficulty
in obtaining water in this division,
more so this Isl than formerly,
but ever since the road was built the
water supply for locomotives on the
thigh line'' has been a source of
trouble.
The Buckley Mcdonald Contest Case.
Further proceedings in the Buckley
Mcdonald election contest case, invol'
wing the Office OF sheriff of Chouteau
county were had in the district court
Friday morning, Judge Leslie, of Cas-
cade county, presiding. Attorney
Geo. H. Stanton. representing Mr.. Nc
Donald, made a motion that the cas-
be again continued, stating that the
defense had been unable to get a dep.
osition from Mrs. Lapeyre, of Wor-
cester, Mass, the only living rela.
tive of Mr.. Mcdonald who could
testify positively as to his place of
birth, which is the main point at issue
in the ease. Attorney Stanton asked
a further ~postponement for the reason
that Mrs. Lapeyre is alleged to be
seriously sick, and unable to make
the deposition desired.
Attorney Tnos. Z. Brady, on behalf
of the contestant, resisted the appli-
cation for p%ostponement, saying hat
the defense had been granted all the
time that was asked, aud as the new
term OF Office begins in a few days it
is necessary that the matter be decided.
There is no assurance, according to
Mr.. Brady, that the deposition Of the
witness can be secured, even if a fur
Their postponemeut be granted.
The court suggested that if the alb
sent witness is seriously sick and un-
able to make h deposition as alleged,
the defense should have produced the
certificate OF a physician to that effect.
| The motion for a continuance was de-
MED.
Attorneys for the contestant then
called Sheriff Buckley TO the wit
ness stand, his testimony relating
mainly to dates and other matters
pertaining to facts connected with the
case. Among other witnesses exam
ined wee W. S. Towner, William
| Collins, Is. f. O'Neal, of Chinook,
James Mcdonald, of Cora, and Frank
MCGOWAN, of Highwood, several OF
whom gave hearsay testimony regard
ing the birthplace and childhood resi-.
dence of the defendant.
Frank Mcdonald, the defendan in
the suit, was on the witness stand u,
the afternoon session OF court. HI
testified that, to the best of his know
ledge and belief, he was born in Bos'
ton, Mass, and was therefore an Am
erican citizen. AT one time he thought
he was born in Prince Edwards Is
land, and while under that impression
ne took out his first papers in Fergus
NOuuCt ~" tCu SCoto oEOS ~
ing received word from his father thai
he was a native born American he
took no further steps toward securing
naturalization.
Sheriff Buckley, who was on the
witness stand in election contest case
late Friday afternoon, testified thai
he recently vent to Boston and ex'
amined the official records of births
in Suffolk county, Mass, also The
record of licenses for sea captains,
and that there was no record there 81
the birth of Frank Mcdonald. or of 8
license as sea captain in favor of his
father. Under cross.eXamination. Mr.
Buckley admitted that Boston officials
had informed him that the records ir
each case were incomplete.
This finished the evidence presente,
in the case, and the court announced
that it would he taken under advise
ment, and u decision rendered Mon
day or Tuesday.