Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-07-11
JULY TERM OF
COURT BEGINS
Judge Cheadle Finds It Necessary to
Order . venire for Twenty-Five
Additional Jurors.
ANNOUNCEMENT TO ArToRNEys
Case Involving Conflicting Water
Right is First One Taken Up
for Trial.

The July term of the Tenth district
court commenced yesterday morning,
there being a large attendance Of at.
torneys, jurors and litigants. When
the jury was called, the following
were excused by Judge e. X. Cheadle
for various reasons:
John Ross, John Hoseman, Robert
She'll, John Mengelkoch, ]. c. Fair
bourne and Noah Rasol.
A New venire.
AS only thirteen jurors were in at
tendance, the court directed that a
venire for rs more be drawn, return.
able at 2 o'clock. The following names
we're drawn: Scott st. Jermayn, Gilt
Edge; James Auberry, Kendall; Fred
Stein, Grass Range; William McCul-
lum, Lewistown; w. w. Kimball, Lew.
istown; H. M. Packard, Stanford; F.
3. Wolf, Rockford; Sam McCullum,
Lewistown; R. McHugh, Lewistown;
Frank Monker, Kendall; W. D. Jack
son, Uewistown; Archie Mclean, Pine
Grove; Ed. jackson, Utica; Chris.
Stoudt, Lewistown; Frank Degner,
Flatwillow; ]. A. J. Dawes, Garneill;
Philip Wright, Moore; H. D. Evans.
Rockford; Perry Black, Moore; w. G.
Weston, Lewistown; Il. F. Tuttle,
Stanford; Austin w. War;. Lewistown;
]. E. Whipple, Lewistown; Samuel
Schultz, Utica; Martin Clausen, Ken
dali.
Judge Cheadle's Announcement.
Judge Cheadle announced that there
would be no further jury until late
in the fall, and it was desirable to
dispose of all pending cases at this
term of court.
The case of De Witt against Ross,
was set for July 21, and the case of
s. ]. Rule against c. M. Kelly was
set for July 18. Both are small cases
on appeal from justices courts.
The case of the Gilt Edge Mercan-
tile company against John Lackevitch
was set for July 21.
Water Right Case.
The case of Theresa Mcdonnell
against R. E. Hamilton ct al was then
taken up, R. Won Tobel and o. w.
Belden appearing for the plaintiff
and F. e. Smith and H. L. De Kalb for
the defendants. The case involves
the right to certain waters of Sinking
Water creek, near the South Mecca.
sins, both parties to the action claim.
ing priority. In addition to the right
to the water, the plaintiff claims to
have been damaged in the sum Of
$3.50.
1t was well along in the afternoon
when these jurors we're accepted to
mony begun: Alex. Raw, w. ]. Win.
nett, q. c. Abbott, B. c. Olds. H. Deck
er. J. A. ]. Dawes, p. +. Scott, Sam
Wolf, Thomas McKenna, s. W. CLAW.
er, Jacob Knerr and w. W. Kimball.
The case will not reach the jury until
late this afternoon.
Cases to be Tried.
The following cases are on the
docket to be tried at this term:
Fergus VS.. Oleson, July IL.
Bright VS.. Lamb. July IA.
Symmes VS.. Pirrie, July 15.
Jenizen, trustee, vs.. Symmes, July
II.
Holmes VS.. C0rt.
Norman VS.. Ayers, July 18.
Western Loan, etc., Co. VS.. Frank
and Callie Moshner, July 10.
Miller vs. Farnum. July 19.
Eschelman VS.. Schroeder, July 20.
State VS.. Joseph Peters, July 21.
Case Of Errett L. Smith.
County Attorney Roy e. Ayers this
afternoon filed in the district court
four informations, each charging Er-
rett L. Smith, late bookkeeper for
the Bank of Fergus County, with grand
larceny. The informations cover the
period between April Is and April 81
last, and the aggregate Of the amount
alleged to have been stolen is 5000,
these charges being the same as the
ones upon which the defendant was
recently ararigned in Justice OF the
| Peace McFarland's court, when he
waived examination, and in default
of bonds. was remanded to the Gus
tody of the sheriff. It is expected that
the cases will be disposed Of at the
present term of court, either by trial
or by the defendant pleading guilty
His attorney, H. H. Boggs, gives no in.
formation as to the course that will
be followed. The county attorney. in
the informations filed by him, names
as his witnesses Austin w. War;, J.
L. Beebe. R. F. Warren and c. w
Thrston. all employees of the bank.
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