Fergus County Democrat., 1915-10-14

In the matter of the estate OF the
late Walter A. Waite, Mrs. Waite and
j. Il. Ritch were appointed admlnlstra-
tors, each to file bond in the sum
Of $4,000.
Two uninportant criminal cases, I
coming up on appeal, were disposed
OF in the district court Friday. l.. /.
3. Jewell, convicted in the police /
court Of a simple assault and fined
$40. pleaded guilty and the $40 fine
was repeated.
Without Jurisdiction.
In the case of Stanley Henderson,
charged with an assault upon Will
liam Lias, the defense contended that
the district court WAS without Juris-
diction. Henderson was tried in JUS
tce A. e. Trapp's court at Grass
Range and fine Of 500 was I'M
posed together With 80 days impris-
onment. The claim of want of juris-
diction was based upon a defect in
the transcript which failed to set out
that any notice of appeal had been
given. Judge Ayers held that he was
i without jurisdiction, leaving the case
in the jurisdiction of the court at
Grass Range. G. j. Marshall, the
defendants attorney, Immediately
filed petition for writ of habeas
corpus on the ground that Judge
Trapp was without jurisdiction to
enter a judgment by reason Of the
fact as alleged, that he is not duly
appointed or elected Justice OF the
peace Judge Ayers set the hearing
on this for Nov. |.
Reed Sentenced.
In the morning Charles T.. Reed,
found guilty early in the week of
burglary in the second degree in
taking some articles from freight
car at Hilger, was sentenced. Reed
had nothing to say and the court i'm
posed the penalty without further
| comment.
A Divorce Case.
George H. Gatzmeycr has brought
suit against Ruby " GatZmeyer to
secure divorce, alleging infidelity
or the part of the defendant at Great
| Fall and Billings this year. The
parties We're married in 1903. f. A.
| Carleton and Frank r. Carleton, Of
| Helena, are the plaintiffs attorneys.
Three Pay Fines.
w. Westover, II. NJ Hooper and
| Henry Anderen, who came in from
| Blaine county and were offering for
| sail a span Of mules without having
| had the animals inspected as required
| by law, were arrested Friday on
complaint Of Stock Inspector Jesse
| Pinkley They pleaded guilty in
| Judge B. H. Foley's court and We're
| fined $50 each, which they paid.
| After scoring two convictions, the
state lost its first case this term in
| the district court Thursday when a
jury acquitted Max Logn Of a charge
of petit larceny. The case was orig
inally tried in Judge B. H. Foley's
court where a jury found Max and
the co-defendant, Charles Login, gull
ty. imposing fines Of $50. The cases
came up Thursday on appeal The
defendant, who is in the Junk business.
was charged with having carried off
some parts of machinery belonging
to McDuff Bros 1t was shown by the
defense that the Logins went out to
collect some junk given to them by
another party and it was claimed that
they did not know the parts taken be-
| longed to McDuff Bros. or had any
value except as junk. Upon the YER
diet of acqltaal the case against
Charles Login was dismissed, the tes
timony being the same in each case.
! County Attorney Frank Wright and
Assistant County Attorney Raymond
! Dockery conducted the prosecutions
while McConochie & Williams repre-
sented the Logins. The jurors were:
Charles Williams. J. w. Maddox, A, G.
Law, J. G. Haggerty, Otto M. Scheidt
Charles Carlson, ohm Nodson, A. C.
Daehried B. NJ. Cooper Fred Skalcky,
J. +. Nelson and G. J. Henderson
Sturdy Case Dismissed.
The case OF Roy Sturdy, charged
with selling liquor on election day at
Roy, WAS dismissed following argu-
ments.
In the case OF William Dickson
against Florence Dickson, motion for
the allowance of expense money was
argued and submitted
In the case Of the Lewistown Auto
company against G.. t. Myersick, a
motion to set aside the default was
sustained.
Seeks Divorce.
Mary Higgins Reilley has brought
suit against Joseph P. Reilley to se-
cure a divorce on the ground of cruel
ty. The parties We're married at the
Holy Family mission in Teton county
in 1907. Alfred Glaisdell represents
the plaintiff,
II The Montana Flour Mills company
has brought suit against the Square
Butte Mercantile company to recover
about $1,000. Belden & DeKalb rep
resent the plaintiff
James H. Johnson has brought suit
against Frank Sites to recover 81 ,664
for the alleged failure of the defend
ant to carry out threshing contract
at the Wiltz ranch. McConochie &
Williams are Mr.. Johnson's attorneys.
Another criminal case coming up on
appeal from justice court came to a
sudden ending in the district court
Saturday morning. In this case Mel
ton Spaya was convicted in the court
of Justice S. b. Norcott at Denton of
an assault upon Tom Hogland c. ].
Marshall, attorney for Spaya, moved
for a dismissal for the reason that the