Fergus County Democrat. [volume] (Lewistown, Mont.) 1904-1919, 1913-01-07
SOMEWHAT NOTED ACTION OF
WAITE AGAINST SHOEMAKER
TO COME UP AGAIN.
JOHNSTON NCETSNEWTR|AL
lnsufficiency of the Evidence to Sus.
tain Verdict in Alleged "Whte
Slavery" Case-Suit Against Mil
waukee to Recover Damages on
Cattle Shipment.

III tue ulSlTlCl court saturday Judge
Cheadle granted motion for a new
trial in the case of Harry Waite
against G. f.. Shoemaker & Co. This
case is one of considerable interest and
involves plowing contract. The
plaintiff entered into contract with
the defendant to plow certain land
near Stanford. The defendant refused
to pay the amount agreed upon, on
the ground that the work had not been
done according to the terms of the
contract. The plaintiff then brought
suit to recover about $1,000 and the
trial was stubbornly contested. The
jury found for Mr.. Waite for about
$1,7O0. Belden & DeKalb, attorneys
for Mr.. Shoemaker, submitted a mo-
ton for a new trial on the ground,
chiefly, of the insufficency of the evil
dence to sustain the verdict. The
court held the matter under advise
ment for time and then granted a
new trial as stated. The main ques.
ton at issue, as to whether the plow-
ing was in accordance with the con-
tact, will be fought out again.
Johnson viii Go Free.
In the case Of Arthur Johnson, con
victed on May 8 last of violation of
the Donlan white slavery law and SEN
fenced to five years Imprisonment,
Judge e. X. Cheadle last Saturday
sustained the motion of G.. w. Buntin,
the defendants attorney, for new
trial. There is little doubt, however,
that Johnson will now go free with
out any further trial, owing to the
singular developments since the first
trial. Johnson was formerly in the
hack business in Great Falls, and
while there BECAME acquainted with
a woman named Smith, who, while
not a resident of the restricted dis
trict there, was a frequent visitor to
1t and had been leading an immoral
life. Early last year she came to
LeWistoWn and occupied "crib" Ac-
cording to the testimony Of herself
and Johnson, he met her here soon
after and associated much together
Johnson wanted to marry the woman.
This he declared on the witness stand.
but the later developments show that
his statement, which was naturally
looked upon with much suspicion, was
true. Following his conviction, the
Smith woman returned to Great Falls.
A widower there wanted to marry her,
but she would not listen to him. and
evidently becoming Respondent be-
cause of the conviction of her lover
in Lewistown and i'll health, drowned
herself in the Missouri at Great Falls.
Mrs. DERRICK Gets Divorce.
The divorce suit of Nina Detrick
against Homer DERRICK, late of Moore,
came up before Judge Cheadle Fri
day morning last, Mrs. Detrick being
ylvift h hnr aNf "
Rankin, of Helena. Quite contest
was anticipated over this action, as
the defendant had filed an answer and
went to the trouble Of having the ac-
ton transferred from Helena, where
1t was instituted, to Lewstown. When
the matter was called, however, Mr..
DERRICK made no appearance, and
after the hearing, judgment was en-
tered for Mrs. Detrick for decree of
divorce and alimony. Mr. Detrick has
left Moore and is said now to be in
the Swift Current country, Saskatche-
wan, Canada
Sue the Milwaukee.
James H. Steward and G.. II. Sher-
man have brought suit against the
Milwaukee to recover damages alleged
to have been incurred through the de-
lay and negligence of the defendant
company in transporting shipment
OF cattle to Chicago. Mr.. Stewards
shipment consisted of five cars, deliv-
cred to the railway at Sixteen on
Sept. 19 last He asks for $1,179.S5.
c. II. Sherman, of White Sulphur
Springs, seeks to recover $212.87 dam
ages. Stiles & Devany, of st. Paul,
and c. J. Marshall, of this city, are
the attorneys for the plaintiffs.
Judgment for Defendants.
In the case OF Barnes against Smith,
ct. al, Judge Cheadle on Saturday en-
tered judgment for the defendants
for costs.