Great Falls tribune., 1921-12-06
LIFE APPEAL FAILS
AND WOMAN SLAYER
VUCKOV|CH To HANG
State Supreme Court Also Re.
verses Cascade Fire In
surance Verdict.

Helena, Dec 5.-Joe Vukovicb. alias
Wines, convicted as the slayer Of Mrs.
Jerry Shea at Missoula. must hang. rs
the result of one of the decisions
handed down by the state supreme
court Monday. The court affirmed the
action of the Missoula county jury and
court 1t also acted upon a Cascade
county appeal, revealing the action of
the district court in the ease of Daisy
+. Smith VS.. Franklin Fire Insurance
Co. appellant Mrs. Smith owned a
building in Great Falls which she had
insured for $4,000. The building was
destroyed by fire in February, 1919.
The company did not pay the insurance
by default. The company appealed,
when the court refused to set aside the
judgment.
Butte Damage Verdict Reversed
In the Vucovick appeal one of the
principal points rased was the alega-
ton of the defense that one of the
members of the jury was not a citi-
zen.
and killed Mrs. Jerry Shea on the
evening of Feb IL, 1921. It was shown
at the trial that the defendant had
paid attentions to Mrs. Shea and that,
subsequently, she had repulsed him.
While no one saw the actual shooting
of the woman. Vukovich was seen run
ming down the street just after the
shot was fired. He fled into the hills
following the crime and was later cap
tured by the sheriff He did not take
the stand at his trial.
Another reversal was in the case of
Helen Lowney, by William Lowney,
her guardian. vs.. Butte Electric Rail-
way company and w. A. Hoar. Suit
was filed on behalf of the child. 4
years old, in the district court of Sill
yer Bow county as the result of al
legged injuries she received in street
CT accident. It was alleged that Hoar.
a conductor on the street car, dropped
the child to the street from the ear
when he was attempting TO place the
in her mothers arms. The
child struck her head on the car step
and was declared to have been injured
permanently. She was awarded a YER
dict for S2o,4O0 in the lower court.
Lower Court Actions Affirmed
Other cases. in which affirming deci-
slons were handed down, were:
Edith Smith as Administrative of
the estate of David NJ. Smith. deceas-
ed, appellant, VS.. Chicago, Milwaukee
& st. Paul Railway company. Smith
was killed in roundhouse at Miles
City, when locomotive wheel fell on
him. He was a machinist in the en-
ploy of the road. His widow sued for
10000, alleging contrihutory negli-
gence. A jury in the district court Of
Custer county gave verdict for the
railroad. 1t found that Smith met
death through his own carelessness.
The widow appealed.
State of Montana vs.. William Foun-
tain, appellant, Fountain, youth Of
16, was convicted in the district court
of Powell county of murder in the Sec
ond degreee. His punishment was fix
eed at not less than 20 and not more
than 40 years in the penitentiary. 1t
was in the company of man named
Barstow when the latter shot and kill
ed George Warburton, undersheriff of
Powell county, April 10, 1920. A posse
pursued the boy and man and shot
Barstow to death. The boy was not
injured The defense alleged that
Fountain had been enticed away from
his home in Illinois by Barstow and
had nothing to do with the killing of
the officer.
Charles l.. Gay VS.. Lavina State
bank, appellant. The suit was over q
hail insurance policy which Gay claim
ed the bank had written for him. The
plaintiff said that he had applied for
The insurance and that one of the bank
clerks had accepted his application, to-
gether with his note for the premium.
Later the cashier refused to approve
the note. When Gays crops were dam
aged by hail and he discovered he had
no insurance, he sued for $1,000. He
was given judgment for $675
Burl Heavilin, appel. VS.. Henderson
Mining Co.. Pan Metallic Co, Charles
D. McI.ure. Clara e. McLure. George
Scott. s. r. A. Horn, Wingfield r..
Brown, W. r. McLure and Chas. d.
McLure, il. This was labor lien
,ase,. tried In the district court Of
Granite county. Heavilin sought to
Foreclose and satisfy his lien BY a
sheriff's sale, but no one would bid on
he property because of cloudy title.
He then asked the court to clear the
title. The court denied his prayer for
.elicf on the ground that the complaint
lid not state facts sufficient to con-
stitute cause of action.
Indian Infernreter