Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-07-21
CASE TAKEN
FROM JURY
Judge CheadIe Expresses Himself
Rather ForeibIy Regarding TrifIing
Cases Brought Into Court.
FINE IMPOSED ON JOHN PETERS
He Pleads Guilty to Charge Of Killing
eeavers-Suprenant Condemna.
ton Case-Criminai Matters.

A civil case on trial in the district
court this morning took a most un.
usual turn, and the proceedings were
enlivened by few brief remarks
from the bench. The action was that
of the Gilt Edge Mercantile company
against John Latckovitch, and the
amount involved is only SIG, which,
it is claimed, the defendant owed a
boarding house keeper for board.
The claim was assigned to the mer-
camille company, and judgment was
secured in the Justices court at Gilt
Edge, the case coming up on an ap-
peal. The real question at issue was
one of law respecting the validity OF
the assignment, and after jury had
been sworn and considerable testi.
mony introduced, Judge Cheadle inter.
rupted the proceedings and suggested
that the parties submit it to the
court.
Judge cheadle's Remarks.
"The question is one of law" said
his honor, land don't see that there
is any question of fact to go to a
jury. Something ought to be done 10
| prevent such cases as this being
brought into the district court. There
is only SIG involved in it, and al.
ready it puts the county to $75 ex
pense for jury. The proposition
| is an absurd one"
The attorneys thereupon agreed
| that the whole matter should be left
for his honor to decide later on, and
| the jurors were discharged until to.
| morrow morning with the thanks OF
the court.
Condemnation Proceeding.
The condemnation proceeding ol
the Montana railroad against Frank
| Day and ]. H. Suprenant was heard
| in chambers last evening. the railway
company being represented by r. voL
Tobel, and Mr.. Suprenant by Hun
toon, Worden & Smith. In this case
the company seeks a right of way
| over the defendants land for the
branch line to be built to the Spring
Creek coal mines. Mr.. Day did not
appear, but Mr.. Suprenant made g
strong contest on the ground that his
property was not necessary to the
project, endeavOring to show that an
other route could be utilized. II.
owns a five acre tract, and across
this, the proposed line would run di
agOnally over the site of his home
Supt. F. T. Robertson showed the ne
essity of following the route across
the Suprenant place, and the cour
found for the plaintiff on the show
ing made. Appraisers were appointed
to estimate Mr.. Suprenant's damages
| Miss Schroeder Wins.
In the case of John Eschlimal
against Louise E. Schroeder, which
was tried yesterday, the jury returned
a verdict for the defendant Tht
plaintiff sued to recover balance
alleged to be due for putting up +;
small structure at the Schroeder hos
pital, but the defendants contention
that the work was done under d
verbal contract, the amount of which
has been paid was sustained by tht
jury.
| Peters is Fined.
Joseph Peters, arrested some week!
ago for killing beavers, entered {
plea of guilty this morning and tn,
court imposed fine of $25.
Joe Pletink. who is charged with
grand larceny in stealing a valuable
revolver belonging to former Sheriff
Deaton, has entered a plea of no
guilty, and his case may be reached
| tomorrow.
Roger Bushon and Jack Gardipee
the two breeds charged with killing {
steer On the range, will probably bt
| tried tomorrow.
| Case Of F--.+t L. Smith.
| The case of Errett l.. Smith, against
whom four charges of grand larceny
are pending, will come up in cour'
tomorrow morning, the defendant moi
having entered his plea as yet.