Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1912-04-27
BEACH !; ] ! EDITOR I D
: LOSES Law SUIT
Term ofOiStrlCt Court Closed
at GIendlve Had Many
Features

Features
Special to The Tribune
GLENDIVE, Mont, April IA
session of the seventh district court
made memorable by the second muir
der trial of Max M. Leakey, came to
an end, as usual, with the disposal of
many minor matters.
The Shelton divorce case of un.
pleasant notoriety struck an unusual
snag. The plaintiffs case Drank
Shelton being the one who seeks the
divorce) e.. Is practically all submitted
to the jury when his attorney asked
permission Of the court to amend his
complaint with regard to certain
dates when it is alleged the defend
ant, Mrs. Shelton, was guilty Of i'm.
proper acts at Miles City. The de.
tense did not oppose the request but
alleged surprise and inability to meet
the new issues thus raised. Conse-
quently the jury was discharged.
This is done at the expense of the
plaintiff, who was ordered to meet
the expense of the suit but unfortun.
ately the county must pay the useless
expense of the jury, amounting to
approximately $50.
A jury composed of local business
men decided against J. M. Brinton,
publisher of the Chronicle at Beach,
N. D., in a suit brought by Barnett
& Nye, to collect $500 and costs
due them for seeding and breaking
Mr.. Brinton's railroad section in this
county. The defendant claimed the
breaking and seeding had been sub.
let by Barnett & Nye, without his
consent, to another party; that it
was improperly done; that. whereas,
a neighbor raised seven bushels of
flax to the acrde, his crop was a
faiulre; wherefore, he presented a
counterclaim of $500.
The jury in this case was composed
of E J. Berry, F. P. Fleming, D. R.
Mead, w. F. Ullman H. G. Plant, E.
E. Jordan, F. N. Hill, Forest Gaines,
William Henderson, FL. Ober, Geo,
Walseth, and John Nelson
The occasional ramiflcations of q
a case which result In the forgetful'
ness Of the original issues has been
well illustrated in the fate Of F. H,
Murphy, who goes to Deer Lodge pen.
itentiary for five years-not because
of conviction on the grand larceny
charge against him originating at WI
beax, but for assault on Jailer Bro
ham while confined in the county jail.
It is unohicially stated as a matter
of fact, that 1t might have been diff
ficult to convict Murphy on the or.
iginal charge, who therefore seems
to have almost literally jumped tout
of the frying pan into the fire."
Murphy's chief specially is insan-
fly. It has been learned that he
played this part in two other states
before coming to Montana, at one
time he illustrated his assumed de-:
mentia by tearing loose every fixture
in his cell. He was then sent to the
state asylum at Warm Springs, but
did not remain there long. They said
he was not insane. One day he at
tackled Jailor Brighaf unawares, and
for this act he was tried and SEN
fenced to five years in state prison.
It is presumed that the court did
not approve the verdict in the forgery
case against Charles Osborne, for be-
fore the jury had left their seats af
ter returning the unexpected ver1
dict of mot guilty" Judge Sydney
Sanner ordered the county attorney
to file another information against
the defendant.
Judge Sanner is not alone in this
feeling of surprise. This verdict is
considered one of the most unex-
pected in local court history. Osborne
was accused of forging the name of
James Mcclure to several checks. He
was the only witness sworn,
and his conviction was considered
certain by those who heard him ties.
tify. w. r. Allen of Circle, who was
a member of the jury, says he would
have stood for conviction until the
crack of doom. but he was i'll and tho
other Jurors were all against him.
The other members of the Jury. were
Joseph Hesler, Archie Lewis, William
Howard, Charles Halsey, 8. o. Peter
son, Hans Brix, John B. Taylor, Carl
J. Anderson Austin Morse, Thomas
Evans and Roland Fritz.
A different Oue come occurred IN
the forgery of c. r. Bradford, who
signed the name Of his brother.in-law,
o. H. Shattuck, to check for IS. He
pleaded guilty but declared he was
drunk at the time and did not fully
realize what ne was ding. There was
considerable sympathy expressed for
this man, who evidently is not a man
of criminal tendencies. He was given
year at Deer Lodge.
CITY EDITOR IS SHOT !