Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-07-14
Jury Finds for Theresa Mcdonald in
the Action Brought Against r. s.
Hamilton and Others.
J. F. David is Denied an Injunction
Against the New Mines Sapphire
Syndicate-r'..---~ is Granted,

%
involving the right to the waters of
a certain spring, tributary to the
Sinking Water creek, near the South
MOccasins, reached the jury in the
district court Wednesday morning,
and in the afternoon a verdict was
returned in favor of the plaintiff on
all the issues involved. In addition
to the right to the water, the jury
found that the plaintiff was entitled
to damages in the sum of 500 because
Of the water having been diverted by
the defendants.
Peculiar Land Case.
The case of Andrew Fergus against
w. F. Scott, the state game warden
was taken up for trial yesterday morn
ing, the plaintiff being represented by
Huntoon, Worden & Smith, and the
defendant by Frank w. Mettler, of
Helena. The action involved the ques-
tion as to the form of an S-acre tract
of land on Buckskin Flats, in the
northern part of the city, which was
convened to the predecessors of the
defendant good many years ago.
The plaintiff claimed that this land was
conveyed in the form of strip, about
an acre wide and something like ten
acres long, while the defendant claim
ed that the tract was square in form.
The following jurors were accepted:
s. w. Claber, E. F. Tuttle. VIM. Nc
Cullum, w. D. Jackson, ]. A. ]. Dawes,
Fred Stein, Thomas McKenna, Scott
st. Jermayn, w. W. Kimball, H. M.
Packard, H. G. Fletcher and Frank
Degner.
Mr.. Metler, for the defendant, made
a motion for judgment on the plead
ings, contending that no issue of fact
was raised by them for the jury to con-
slider. This motion was argued be-
fore Judge Cheadle in chambers, the
Jurors in the meantime, being ex-
cused.
In the afternoon, the plaintiff made
an offer to introduce testimony to
show that the land intended to be con-
veyed was not that actually described
in the defendants deed, and that the
land should be in the form of a strip,
as stated.
Mr.. Mettler, for the defense, object
ed to the introduction Of this evidence
on the ground that the defendants
deed was unambiguous and certain.
The court, in passing upon this, as we'll
as a motion of the defense for non
suit and judgment quieting title, stat
ed that if the land was put in tine
form of an acre strip, eight acres long,
it would extend beyond the boundar.
les of the 40 acre tract. to which
it was limited by all the deeds in the
case. The plaintiff was not allowed 10
introduce the testimony offered with
regard to the intent of the party con.
veying the land, and defendants mo-
tion for a non-suit, and for judgment
quieting title were allowed.
It is expected that the case will be
appealed to the supreme court.
In excusing the jury. Judge Cheadle
said: "Gentlemen, your occupation is
gone. You will be excused until 10
o'clock tomorrow morning"
David Against Sapphire Mining Co.
In the case of l. F. David against
the New Mines Sapphire Syndicate
of London, the demurrer of the defend.
ant was sustained and the prayer OF
the plaintiff for an temporary injunc'
tion to restrain the defendant from
using it's ditch discharging waste from
the mines into the judith river denied
In this case, Mr.. David, a rancher
claimed that as the intake of his ir.
rigating ditch was just below the point
where the waste ditch discharged in
to the river, the waste was conveyed
upon his land, damaging his crops
Judge Cheadle recently visited the
point on the river involved in the pro
ceeding, and familiarized himself thor
oughly with the situation. Plaintiff
was granted leave to renew his peti
tion at the expiration of thir
ty days, and was ordered to amend
his complaint forthwith, the defend
ant being ordered to answer or other
wise plead within ten days after ser
vice.
Divorce is Granted.
Frieda White was granted divorce
from Charles White, and awarded the
custody of her minor child. The de
cree was granted on the grounds O
desertion, ETC., the defendant being il
default s. w. Pennock represented
the plaintiff.
In the case of F. w. Eberhard
against H. o. Wareham and others
a decree of foreclosure was granted
A similar order was entered in thu
case of Stanford Fowler against Jos
eph O'Neill and others.
John Kussi, native of Russia, wa
admitted to citizenship.
In the case of Gerard Lamber
against N. ]. Littlejohn and others
the demurrer to the complaint wa
sustained. and the plaintiff given tel
days to amend.
Errett L. Smith Arraigned.
Errett l.. Smith, against whom fou
informations were filed this week b.
County Attorney Ayers charging hin
with grand larceny la April. last
while he was employed as bookkeepe
at the Bank of Fergus County. tn
total amount covered in the informs
tions being about 5000, was arraigne
this morning at 10 o'clock. The d.
fendant was represented by Attorne
H. H. Boggs. and took until July 2