Fergus County argus., 1906-03-27
ATTACHMENT
FOR WITNESS
Robert kIeet Fails to Obey Courts
Order and Koch Murder Case
Is Continued.
TRIAL is TO BEGIN APRIL 23
Resetting Of Civil Cases Made bv
Judge Cheadle-R. e. Hamilton
Found Guilty.

| der at Stanford in 1904, was to have
commenced in the district court this
morning. but was contiued until April
zS on motion of the state. AS soon as
the case was called. County Attorney
Ayres asked that o. w. Belden, who
HAD charge of the first trial, be enter
ed as associate counsel. This was
done, and J. c. Huntoon, Koch's at.
torney took an exception. The state
then filed a motion for continuance
Oh the ground that several witnesses,
without whom it could not safely pro-
Ceed to trial, were absent. The most
important of these is Robert Kleet,
who was served by the sheriff as Bill.
lings few days ago. and who ap-
pears to nave deliberately disobeyed
the order of the court and skipped out.
Az attachment was issued for him.
Other witnesses served in behalf of
the state who were not present this
morning are John Naed, Of Anaconda,
and August Miller. of Helena.
Defense objects to Delay.
Mr.. Huntoon strongly objected to
any delay, and made an extended ar
gument, but the court granted the mo-
ton and set the case for April %.
Judge Cheadle admonished all wit
| nesses in the case to be present at
that time without further notice and
~ ;,,r
A resetting of the calendar was
then made. as follows:
Judith Inland Transportation COM
pany against Williams; April 2S.
Shafer against Synder; May 4.
Mccormick against Wright; May Z
Suprenant against Aclay; May IL
Clary against Thomas; May II.
H. the latter case, Judge Cheadle
said that he would grant the motion
for a new trial, of which notice had
been given by the plaintiff. There was
nothing in the evidence, he said, to
justify the verdict rendered.
Judge Cheadle has received a re-
quest from an outside district to pre-
side at the trial of a case, and while
he has not definitely decided to do SO,
it is likely that he will do so, and in
that case he will leave here Thurs
day. On April II, Judge Cheadle Will
hold court at White Sulphur Springs.
Hamilton Found Guilty.
Use case of the city against r. E.
Hamilton, on appeal from the JUS
tees court, where the defendant was
recently found guilty of fast riding
and fined $40, was on trial all day in
the district court yesterday, and the
Jury remained out until late last night
before a verdict could be reached.
The case was ably prosecuted by City
Attorney II. l.. DeKalb. while j. c..
Huntoon conducted the defense with
as much care as though his clients
life were at stake. The jury found
Hamilton guilty, and left his punish
ment to be fixed by the court. This
will be done later
Court Notes.
The somewhat celebrated divorce
case of Mayme E. Porter against
Charles f. Porter, the well known
rapcher and business man Of Phil
brook and Moore, was to have been
thried on Saturday, but by agree
ment has gone over until April 3.
II is said that in all probability, the
case will never be tried, as negotis'
tions looking to settlement out OF
court are in progress.
In the case of J. w. Stoner, against
E. D. Barney, in which the plaintiff
sued to recover $54 for some plaster
ing work, together with $50 attorney
fee and costs, the jury returned a
verdict Saturday in favor of the de-
fendant. awarding him $50.
Argument on the motion to retaN
costs in the case of Jenizen against
Sims has been continued by agree
ment of counsel.
In the divorce case of Winnie Bad
ley against Alfred Bailey, the plain
tin has submitted her testimony to
the court, the defendant being in de-
fault, and the matter has been taken
under advisement by Judge Cheadle.
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