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M'HA TTON SUSTAINED,
The Supreme Court Affirms the Or. der Refusing a Change of Venue. It Is Held There Has Been No Abuse of Judicial DiL oretion. So Decided Upon the Evidence and Under the Practice ot thle Territory and State. The supreme court decides thoee has been no abuee of judicial authority by Judge MoHatton in refusing to grant a ohange of venue in the Davis case. The opinion is by Chief Justice Blake, Associate Justices Harwood and Dewitt concur ing. After a lengthy review of the authorities the aourt says: "From this review the deduction is clear that there is no statute which author izes the change of venue of the ilace of trial of this proceeding by reason of the bias and prejudice of the judge of the court below. This is the rock on which our judg ment stands. We have seen that the legis lative assembly hes spoken in emphatic termse of the rights of suitors in justices courts, and defendants in certain criminal proceedings, to r rocure a change of venue on account of the bias or prejudice of the judge, but it has been silent for decades upon this cause with regard to parties in the district and probate courts. The court below did not have the power to grant the motion for this ground, and it is needless to look at the evidence thereon. We reiterate our criti cism concerning the reasons which have been given by some courts which have reached the same results. We disapprove every suggestion and claim that a judge, who is swayed by personal bias or preju dice, is powerless to injure his foes, or ren der aid to his friends, because his errors can be corrected upon appeal to a superior tribunal. There are presumptions in favor of his rulings which cannot be ignored, and he can make orders, which cannot be dis turbed unless there has been a gross abuse of his discretion. It is admitted that the place of the trial of this proceeding can be changed under section 60 of the code of civil procedure, if the people of the county of Silver Bow are biased and prejudiced against the aplel lants so that there is reason to believe that an impartial trial cannot be had therein. There are no legal questions for our de termination. An order refusing the appli cation for a change of venue will not be set aside in the absence of an abuse of judicial discretion. "This application is accompanied by the atfidavits of George O. Fleeman and Henry A. Hoot. They also embrace nine clippings from two newspapers, which were published in Butte. Freeman deposes that he is a resident of Helena and went to Butte in March. 1891, for the purpose of inteviewing the residents and property owners of the county concerning the sentiment respect ing the contest of the will; that he inter viewed in the nighborhood of fifty promi nent men of Butte and asked them what they thought the chances were for a fair and impartial trial; that with two excep tions, each of these persons advised him that there was a strong sentimert in the county, and particularly in Butte, in favor of John A. Davis and Andrew J. Davis., Jr., his son, and against Hoot and Mrs. Com mings; that these persons said that John A. Davis was an old resident of Butte, and the favored brother of the deceased; that the deceased made most of his money in Butte and Silver Bow county, and that the people of Butte would get the benefit of it in preference to some outside place; that Andrew J. Davis, Jr., was entitled to have the First National bank of Butte; that, if John A. Davis was successful in the con Test, he would respect the wishes of the people of Butte, and keep the money there, and that Butte would geot the benefit of it: that if Root and Mrs. Cummings were suc cessful in the contest, the money of the estate and the proceeds of the property would be turned from butte, and that Butte would be the loser. "That afitant at each interview had severally requested these persons to make an affidavit setting forth in substance the above facts and opinions but that in each and every instance, with but two exceptions said persons refused so to do, giving as their reasons for such refusal that they did not desire to get mixed up in said matter, unless they were compelled to; that they would not do so willingly." ixerierig tu neryi Ai I1. O10(5 smuvRI. which says that the newspapers of Butte have been tryiung to mould the minds of the community generally in favor of John A. Davis and against the contestants and non residents, the court says: "The clippings referred to were published in the Intor Mountain and Butte Mining Journal and are confined chiefly to comments upon the action of the court below in appoint ing John A. Davis to be the geneial administrator. The attioles, how ever, viewed as a whole express in positive QPi~-4 forcible terms the same facts and opinions which are stated in the affidavits of Root and Freeman. The affidavits of the respondent are made by residents of Butte and deny that any bias or prejuuice relative to the contest of the will exists in Butto or Silver Bow county. John A. Davis deposes that the articles were published in the newspapers without his knowledge or wishes, and the bank 'transacts only at por tion of the banking business of said con: y; and that only a portion of tile business men of Butte and the county are customers of, or have any business with the bank; there being four or five other banks doing busi ness in Butte.' Forbis deposes that he had an interview with Julien and then narrates a conversation which dif fers materially from the report of Freeman. It is sicniflovnt that Julien is the only person who is desig nated in the aflidavit of Flcoman to corrob orate his testimony, and that no excuse is offered for the failuto to attempt to secure the presence in court of a number of citi zens of Butte. It would have been the proper mode in this proceeding, when about fifty persons were found, who refused to furnish their affidavits, and one party was apparently testifying upon both sides, to have invoked the process of the court and compelled all of them to attend the hearing and give their evidence. There milght have been added to this list of witnesses the names of the editors and retorters of the newspapers who could be questioned as to their sources of information, and cthe citi zens who were interviewed Api it 30, 1890, ac cording to the Butte AMining Journal. But no effort of this nature has been made. John A. Davis is shown to have had no relation to the articles in the newspapers, and this ap plication rests upon the affidavits of Root and Freeman. who are non-residents of Silver Bow county. Upon the entire evi dence and under the praicticewhich has pre vailed in the courts of the territory and state we must hold that there has been no abuse of judicial discretion in refusing to grant the motion. The order of the court below is affirmed." Other Proceedings. State vs. George F. Thompson. Judgment of lower court affllirmed. Mary M. Sweetland, respondent, vs. I. Oleson. Lower court affirmed. George lweencev respondent, vs. Great Falls & Canada Railway company. Order of lower court refusing to hbr.r motion for nIew trial reversed and ordered that it be heard and determined. 'l The following were admitted to practice: fol liepner, Guilford J. Langfurd., Oscar J. IMcdgett, Jamnes I. Self. You can buy a Ialtf-do.en silver plated tea spetos, plated on white mleta at 'T. Ies t Hive ifur 20. For a Ilsu.ant Iliae don't fiigrrt the R.ul Mis-se Wednesday evueaulo. Mursic and taiucht. HE PLEASED THE, PEOI'LE. CoUr d'Alene Citisens Eapress Their Ap preelation of a Helona Orator. Wbie the oltiaens of Wallace, Idaho, o.lked the Helena Board of Trade to send tihem a gentleman to talk to them on the 'Fourth of July, A. J. Craven, city attorney, was prevailed upon to go. That it was an exoellabt solection the Board of Trade made is evidenced by the following extracts from the Oeuer 'Alone Miner, in giving an account of the celebration at Wallace: "Arthur J. Craven, of Helena, was the ora tor of the day. He spoke for an hour. His oration can hardly be praised too highly. It was a masterly effort. A gentleman who eat on the stage-a man who has heard good speaking and is capable of judging literary merit-said he had never heard a better condensation of American history presented on any occasion. It was the unanimous verdict that it was a grand ora tion. There was nothing stale or common place about it. While it dealt with old themes, it presented them in new shape and in such beautiful language that not for one moment was the interest of the audi ence detracted from the speaker and what he said." Editorially the same paper says: "The people of Wallace desired to listen to a Montana speaker on the occasion of their celebration a week ago. Richard Lookey, of Helena. and A. M. Ealer, a former resi dent, interested themselves and induced Arthur J. Craven, of that city, to accept our invitation. It was a happy choice these gentlemen made. If the northwest had been searched a man could not have been found who would have delivered an oration better adapted to the occasion or more pleasing to the audience. There has been much comment on the oration since its delivery, and by those, too, who are competent to judge. The unanimous opinion is that it was, a model Fourth of July oration, a masterly production. Mr. Craven is a young man, a lawyer of but a few years' practice. He has beenl a resi dent of Helena seven years. To nearly all the people of Wallace he was on entire stranger before his recent visit. He made an impression that assures a cordial wel come to him should he again visit the Coeur d'Alenes." Special closing out prices of infants' embroid e drd desses at 'Jie IBe 1ive. (ho to The Pee Hlive for bargains, they take the lead. Dinner from five to eight at the Helena Care. NO MORE CHINESE. I The Belvldere House Draws the Line on Mongolian Help. Duncan McDonald, proprietor of the I popular Belvidere House, has discharged all f of his Chinese help and will have no more of them in any department. He has secured f the very best employees in every depart s ment of the house, and feels assured that the change will be appreciated by his pat rons. Mrs. McDonald looks out for the comfort of guests in every way and ably seconds her husband's efforts in seeing that all who come to the Belvider., go away 1 pleased. Conveniently located to the Mon tana Central depot and on the line from the Northern Pacific up town, the Belvidero with the Steambout annex, is proving a drawing card. It has two things to recom mend it, the sleeping rooms leave nothing 1 to be desired, while the restaurant, run on the European plan, is one of the best in the city. Add to these the reasonable rates and you have an explanation of the success of the house since Duno. McDonald took Scharge. A social daneo at the toad House Wednesday evening. Every one invited. Go to The Bee Hive for bargains in crockery and glassware. The Montana Savings bank has money on hand to loan nn real estate security at lowest rates. Time and terms to suit. Integrity. Intact integrity keelps confidence. This fact was never more clearly demonstrated than by the crowds in attendance at the "special offering sales" advertised by Ra leigh & Clarke. They have the well de served confidence of the people, who well know they always adhere to their advertise ments, and never adve:tiso a fike-sale, or make-believe sale, but do just exactly as they say they will. They are now making an honest, straightforward, earnest effort to get rid of summer goods, and will sell you dry goods of same high grade and value, such as they carry, for less than any house in Montana. Note the bona fide re ductions made in their muslin underwear department, advertised in another column. This is a rare opportunity for the ladies to reolenish their wardrobes for a very small consideration. Those who could not be waited on at their white goods counter last week will have another chance, as they have concluded to continue the sale during this week. Big cut on prices of toilet soaps at The Bee Hive. New goods jnrt received for the bargian coun ters at Th eel flive. Lunch from twelve to two at the Helena Cafe. Delicious and Free,. If the good people of Montana would use less coffee and tea and more cocoa they would enjoy better health. Coffee and tea ara only stimulants, whereas cocoa (that is, pure cocoa) is exceedingly nutritious and is known to be a great nerve tonid. Van Hon ten's cocoa comes recommended by the highest medical authorities, both in this and the old country. Call at the under signed stores Monday, Tuesday, Wednes day and Thursday and get a delicious cup free of charge. 1BAci. Conyr & Co., F. K. TuRNiva & Co., 'RED LEthMAN. rhe Montana Savings bank Iays interest at the rate of five per cent on itelso-its of $1 or more. Glassware very cheap at The Bee Ihive. Builders' and Manufacturers' Excihange. The regular monthly meeting of the exchange will be held Thursday evening, July 16. There will be an election of a treasurer to serve the unexpired term of W. H. Orr, re signed, and other bus ness of impuortance. JNO. STEADMAN, FrUsident. WILL R. JONEW, Sebretary. Forbes &c I)avls--spociasl. 10,000 Jersey Blue, at 10c. 1,000 Glengary, dividend payer (snap). 1,000 Cumberland (Castle). 3,i00 Yellowstone (Castle) offer wanted. 2,2f0 Copper B31ll. 1,.10 Iron Mountain. Buy now. " VWANTED. 1.200 Combination (Philipsnure). Any of the above are safe buys. Office 20 and 27, Bailey Block. ASleoeial anntutncemetlt! :het nuttiic. '1e1' Pee Hive will t.ten' the r entire stiok of hoial ii-io on stel. coutprisjleing l IOt i.,. 'cs, Te'i'i -i. July 1I. Itltt, andLl will oll 1ettlo cix ,,hi'-tl for _:". (t'etaloturo will b, flrntiohld on atiplt it'n , and selitit:o nilu I III made by imetmbOrl: .L'.hitler ol t title., to sclel, frtln, ilcl' linu g crca' I, illo. orgati, cornet, guitar,. dintte, llitmlsttile,, ,(.. Il' . * tolerelir six s-lnty for 5tio, Tuesday July 14, Ibs1. at The ihi, live. Ll";RICtE S nalil Baking U -a Pow ew Used .n MflliQns of Hc~es--o Ycas the Stldard.. THREE OUT OF FOUR HIT, A Lively Shooting Affair Between Colored Employes at the Broad. water Hotel Bherman 8, Purr Pumps Some Lead Into W. 0. Rose, the Head Porter. An Exciting Chalso by a Deputy Iherli[ Coeurge Bundy, ex-Pugllist, Charged With lBurglary. W. O. Rose, head porter at The Broad water hotel, is nursing several painful pis tol shot wounds, and Sherman M. Furr, who until yesterday had charge of the cloak room at the famous resort, is in the city jail on the charge of doing the shooting. The two men have not been friends for a long time and the enmity culminated in a fist light on Sunday and a shooting affair yesterday. Rose's wounds consist of a hole through the lower part of the left arm, a furrow along the left hip and another fur row along the left side of the head. None of the wounds are dangerous, Furr has a swollen lip as a result of the row. So far as can be learned the trouble resulted as follows: Rose has been employed at the Broadwates ever since it opened. Furr's engagement as cloak room boy dates from the opening of the present season. Rose, it is charged, was disposed to be somewhat overbearing with the other help around the hotel .o account of his long service. FPurr, who is e very intelligent looking colored man, re sented this. As a consequence the relations of the two were not very friendly. On Sun day one of the lady guests at the hate asked FPurr to go on a short errand for her which he did. Returning to the cloak roon he found several people waiting for him Rose was there too and took Furr to tasl for leaving his post. Furr attempted ti explain. The men had some words, endini in Rose discharging Furr and striking bin in the mouth and knocking bin up against the boxes in thi cloak room. Furr did not strike back fo the reason, he says, that he thought Rose had a gun in his pocket. He also claim that Rose threatened to "break his face" a the first opportunity. About breakfas time yesterday morning FPurr decided t< leave and asked for his time. On going ti the cloak room he found Rose there. Th two had some words, when Furr says Roe advanced toward him holding a stick. Then Furr drew a double-action revolver an, fired four shots at Rose in rapid succession 'Three of them took effect. After the shooting Farr started for th city pursued by Rose. The latter, findini he could not overtake Furr, turned back fo the purpose, he said, of getting his piste and shooting the man who ha, wounded him. Fuarr, after throwing awe his revolver, came to the city. Going to po lice headquarters he surrendered himself telling what he had done, and was looket up in a cell. Later on Rose, who had hay his wounds dressed, came to the city aun swore out a complaint against Furr, charg ing him with assault with intent to kill He says he 1 as standing quietly talking t one or the guests of the hotel when Fun opened fire on him. FPurr has engage Ella Knowles to defend him and will clais self defense, alleging threats on Rose' part. The pistol with which the shootin was done was found by Marshal Sims o the line of the motor track, the route Fua Deputy Sheriff Dyer received a message ,shortly after the shooting that he was wanted at the hotel. He hurried out to the place but on arriving there he found that the party who did the shooting had escaped. Some men told him Furr had gone up toward Ten Mile and taken to the hills. Dyer at once hired a horse to follow in pursuit. The horse was a broneho and a bucker as well. When he got the word to go he went but not in the way the rider intended. His hind legs moved but the fore part of the animal seemed glued to the ground. The deputy sheriff was not glued. however: and about the third jump of the broncho Dyer left the saddle and started in an air line for Ten Mile. He only got about ten feet in that direction when he landed on the earth very much shaklen up. Before he could remount word came ilat the shooter was in jail in Helena. ECHARGED WITH BURGLARY. A Colored Pugllist Arrested on a Serious Complaint. George H. Bundy, colored, who at one time had aspirations to be a pugilist, is now in the city jail, and will have a hearing to-day on the charge of burglary. Bundy is accured of entering a miner's cabin near the mouth of Nelson Gulch and stealing a large quantity of food. The complaint was made on Saturday night and Marshal Sims started out Sunday to find Bundy. It was reported that Bundy was living in a cabin in Bear gulch, near Rimini. Arriving at the place, the marshal got out of his buggy a.nd started for the cabin. At the door he was met by two fierce looking bulldogs, who threatened to tear him to pieces. Af ter satisfying himself, without forming any closer acquaintance with the dogs, that the man was not there. Sims went to Rimini. There he found Bandy and arrested him. 13undy, last fall, engaged in a mill with Jack Stone at the granite quarry on Ten uMile. A few rounds satisfied him that he was not in it. and he has no further efforts for fistic honors. Three Ilrst-elass dlliners for $1 00 at tile Ilon Ton. )linnler troli 11i30 to 4:00 p. so. Dlrs. LE.sl & Footo. Dentists, Power Block. t'onvirality, congeniality and Foeiability at the Rued luouse WedLesdera evening, July 1i. look at This. Commencing April 5 we will sell all kinds of chewing and smoking tobaccos at factory prices. UrI'rrNnmenlMs &1 AsI, Interuntional Hotel Blook. 110 FOR THE NATIONAL PARK. Tourists coltemplllrtilng v.siting theI Niluoral park sholtld go wiIh illa rAt. It. o.rii soo five, te.ny e up herei-r eli nIitlel. Tilmliof etarting, ithly 13, AnIgusl :1, Auunt~ Ill, ant 1'r'lt enb her 7. tor orr liddress. lICAIIY & INlillta, Blrokers 323 North Maain It. Assignee Sale. A floe opportunity is offered by the us sigteo of J. W. Barker to some ont wishing to embark in the tailor business. A tiuo stock is tinow on hand and tie leas cto to i h t'prtrsent staind, which is n good ione, clan be pirocured. For particulatr address A. J. Davidston, aIsilgnlO. PETTICO.TS ! CHEMISES! DRESSING SACQUES! NIGHT GOWNS I And The Unmentionables! Will be offered you this week for less than you can actually buy the plain mater ial for, at IRLEIGl & CLIRKE'S IBelow will be found a few samples of the exceedingly low prices we are making on these goods which are all fresh, clean, new goods. One lot of very nice muslin corset c(overs, neatly trimmed reduced from 500 to .lc. One lot of fine cambrio cormut covers trimmed in lace and embroidery, reduced from 75i to 411c. One lot of very fine cambric corset covers handsomely trimmed, reduced from $2 and $3to $ t,.,. Orne lot of night dresses, made of good muslin, tucked yoke with ruffle on neck and sleeves reduced from 6r15 to 450. One lot of fancy colored night dresser, something entirely new very nice, worth $3. and $4. reduced to $2,50. One lot of good muslin drawers, nicely made and trimmed, reduced from GCo to 86e. And many other equally good bargains in ladies' muslin underwear, which we have not time or space to mention now, but will be pleased to show you whether you wish to purchase or not. Raleigh & Clarke. SELENA 00KING QCHOOL, Open Now No. 709, )9th Ave. NOW IS THE TIME To Bu-y.- Homes When You Can Make Your Own Terms, No. 64--2-room stone, plastered houece, good stable, wood ahbd; on Haleigh street. This is a speculative bargain. Price, $1,10( No. 16--5-room frame. nicely furnished, cellar, 3 closets; $900 mortgage: cash, $150 balance equal payments Overy 6 m~eithse. I rice. $1,0.' No. 65-3-room house with stable; lot 50x 150; will beoftered this weak at $75( No. 7--4-room brick: lot 60tlO9l. block south new school house, on Ieodney. (Como and see this bargain. Teorm to suit. P'rice, $2,50( No. 4:--3-rooms, well finished, wool shled, gold water, closet anti well; lot 40x00. rheckenridge street. P)rice, $1,6fl Have a large list of honvee ranging about same as above p:icoe in all iparts of city. No. 51 -6-room house. pantry, closets, cellar: block from electric line: nwlj papered. Terms $t150Cabh, 025 pOer nontit 1'r ca, $2,00( No. 58-8-room house, corner twelfth and JHoback; good barn, lot .)0xll0. Price, $:3,00( No. 110-7-room house. bath and close: in every room, finihed'in red wood, brand new; on moter line, weet side. This is a bargain. ]'rice, $.50 No. 1-7-room brick, closets an I water inl house: largo stable, Elevutlh avenue ,near Rodney. Terms $300 cash, ,ý05 per mont h. ]'rice, $3,50( No. 12--7 room frame, bath and closots, wood shed and basement; lot 60x70; nicely paperedin all rooms. Centrally located. P'rice, $4,50 Several goad ranches for sale. Lots in all parts of the city. Two bands of cattle for sale. M ining stocks of all kind listed. a If you do not, not find what you want in m ad, call at miy ofiic.: room 1 Atlas block. 1 . A. i1E L L, L Real Estate and Alining Stock E'xchange. J. R. DJREW. Just received, an invoice of GENTLEMEN'S ELE GANT 'F.SHIO.ABLE S J-0ES, In all Widths and Sizes. MDREW'S SHOE STORE* Opposite Grand Central Hotel, A FINE RESIDENCE AT A BARGAIN! Eight-Room Frame House on Lawrence street. Sheds, stables, etc. Ample grounds. Houses for Sale and Rent in all parts of the city. E. S. French &Co. GOLD BLOCK. C. gI. L.BIH E R, Second Floor Herald malq BLANK BOOKS ST. To Order.;. soos 4hXADAl!I.SV wta IW1EDim FOR SALE... 4,000 HEAD Good Young StockSheep. 2,500 HEAD Three and Four-year-old Wethers. Can deliver July r, '91. For particulars, write or call on JOSEPH HIRSHBERG, FOIRT ISN'I'ON. MONT. HIEENA LUMBER COMPANY, * * * *AGENTI FORI THE CELEJIIRATEI) I. * G a LT. COPLI. . * ALSO DEALERS. IN. Ronuh and FinishinlZ Lumber, Shingles, Laths, Doors, Sash and MonldlngU O lces at Yard and 18 Jack'son St. Telephone 14. I. X. L. BT ZTT'R Bona Fide Glosing Out Sale of Dry Goods, Clothing, Furnishing Goods, Shoes, Hats, Etc. AJT LESS TIHA.ZN COST ! H. BARNETT, - - - - HELENA. MONT Finitr0e, Carpls, Ilaes, LacB ally lle0l Ittail. Wall Paper OFFICE & A0HOOL AT COST! Furniture To Close Out, Nos. 112 and 114, * ,, RI SNFORI, " Broadway, Helena *CHICAGO IRON WORKS GAIL, BUMILLER & UNZICKER G -Builders of Gteneral- - *MINING AND MILLING MACHINERY,. Gold Mills, Wet and Dry Crushing Silver Mills, Smelting and Concentrating Plants, Hoisting and Pumping Works, Cars, Cages, Skips, Ore B3uck ets and Water Buc;kets, Self-Oiling Car Wheels, Corliss Engines, Compound and Condensing En gines and Tramways. -:SOLE AGENTS FOR THE WORTHINGTON PUMPS: Western Representative, Office and Works MEN NO UNZICKER, Hawthorne Ave. and Willow St., No. 4 North Main St.., Helena. CHICAGO, ILL -SPECIAL THIS WEEK!I I will offer during This Week a Fine Line of LADIES' UNDERWEAR A\ General Assortment on hand. Prilces are Low. For instance: FAST BLACK AT 50oc. Cream and Ecru . t 3 EACH IN BLACK, , Fron . 1.35 to $2.25 Jersey Ribbed, manufactured from Finest Combed Egyptiaa Cotton, only FIFTY CENTS. A Full Line of Misses' and Children's Underwear, All Grades and Prices. SFOYWLES' CASH STORE. j. P. PORTER, Real Estate * • and Mines. OFFICE: =Basement Power Block, Cor. Sixth Ave. and Main street, HELENA.