The enterprise. [volume] (Harlem, Mont.) 1899-1926, 1915-11-11

try the case: John p. Hanson,
Smith Vanderport, Herman New
man, Jens o. Sandvig, G. S. Hover
son, F. G. Bale, Ben Johnson, G. H.
Peters, G. J. D. Anderson, r. ].
Howerton, VIM. j. F. Lusch and
Victor M. Lake.
At this time the court excused all
jurors not drawn for this case until
Monday, Nov. 8th, at O'Clock. a.
m.
The case against Miller was then
taken up and Mis-. Julia Petruska,
the mother of the complaining wit
ness, was examined on the stand in
behalf of the state. Other witnesses
who testified were DR.. Chas. Blan-
kenhorn and then the usual recess
for dinner was taken.
At 1880 p. m. court reconvened
and the first witness for the state
was DR.. Geo. w. Clay, who testified.
Miss Julia Petruska, the COM
planning witness, was put on the
stand and gave her testimony as to
what happened in the cabin at
Whitcomb, where the alleged Of
have been committed.
The testimony given in this case
was of such a nature as to be un-
printable and the judge ordered all
persons under the age of eighteen
excluded from the court room and
ladies were not allowed there at all.
John Skarda was appointed as
interpreter and then the testimony
of Mike Petuska was taken and that
of Deputy Sheriff Riley Brooks.
At this point the state rested it's
case.-
The defendants counsel then
made motion to direct the jury
to return verdict of not guilty,
but Judge Thompson overruled the
motion. Defendants counsel then
made rotion for an advised ver-
| dict but this, too, was overruled by
the presiding Judge. The defense
| then rested it's case without putting
any witnesses on the stand
At this time the civil case of Nc
Lehman VS.. 1nghram was called. At
torney John Hurry of Glasgow, ap-
peared for the plaintiff. The de-
fendant having been served with
process and failed to answer or ap
pear in person or by counsel, de-
fault is hereby entered as confessed
A decree was then made in the sum
of s25O.39 as principal and interest.
$50 attorneys fees and $32 costs
defendant
Friday, Nov. 5th.
At the opening of court Friday
morning the trial of the Miller case
was resumed. Both the defense and
state having rested, Judge Thomp-
son delivered his instructions to the
jury. Arguments were then made
by O'Keefe for the state, and Geo.
Hurd for the defense and the case
given to the jury at 1880 a. m.
When court convened after the
noon recess the jury in the Miller
case was ready to report. Their ver
dict was one of mot guilty., and
the defendant, Miller, was at once
released from custody 1t was poor
case for the state all the way
through and the only interesting
thing about it was the able defense
as prepared by Tresler & Kirton and
Mr.. Hurd.
The case of the state VS.. Lewis
Verbick, charged with manning and
killing animals, was, on motion,
continued for the term.
Criminal case No. Z of the state
against Edward Armstrong, was
dismissed on account of the six
months time since filing having eX-
pired, but County Attorney Wolfe
filed a new information against the
defendant and the case will be tried
later in the term.
The civil case of McGillis VS..
Watson, with j. w. Callicotte. at
torney for the plaintiff, and F. G.
Gabriel for the defendant, a motion
to quash was taken under advise
ment. The case of Sollenberger VS..
Andriz then came up and defend
ants attorney asked leave to file
amended argument and was grant
ed ten days.
The case of the Lehfeldt company
OF Chinook, versus B. Justice Co.
was brought up on motion to strike
1t was stipulated by counsel for
both sides that said motion be de-
cided by Judge Thompson in cham
bers.
Saturday afternoon another civil
case was brought up being that of
w. H. Taylor of Saco, versus John
Billstad of the same section of the
county. Norris, Hurd & McKellar
appeared for Mr.. Taylor and there
being no appearance by the defend
ant Judgment was given plaintiff
by default.
In the case of George A. Murphy
with Tressler & Kirton, attorneys
against John Geroski, then came up
and defendants attorney, J. W.
Callicotte, was allowed ten days to
file amended argument.
Court adjourned until Monday
morning.