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BATTLE ON CASE OF DONOVAN-McCORMICK COMPANY AGAINST CHAS. W. SPARR. APPEAL PROBABLE In Case of Wm. Ettein Against H. B. Drum-Verdict Was for the Plaintiff and Jury Allowed Too Much. The case of the Donovan-McCor mick company against C. W. Sparr is on trial in the district court, and will probably take up all of the time of the court today. Judge Loud has de cided to adjourn the term this even ing, for the reason that he is com pelled to be in Forsyth tomorrow and hear several matters. Yesterday morning the jury's ver dict in the case of Willian Ettein against Harry B. Drum was announc ed. The verdict is as follows: "We the jury in the above entitled cause, find the issues herein for the plaintiff, and find that he is entitled to recover of and from the defendant 42 head of cattle branded with the pitchfork brand on the left shoulder, with a bar through said brand, and branded with the HUH brand on the left ribs; and in case said cattle or any of them cannot be re-delivered to the plaintiff, plaintiff is entitled to re cover of and from said defendant the sum of $33 for each of said cattle which cannot be re-delivered. "J. P. KELLEHER, Foreman." Plaintiff Says It's Too Much. A short time after the verdict was received into court the attorney for Mr. Ettein, the plaintiff, filed a no tice of remitter with the clerk. The notice is directed to the attorneys for defendant, against whom the verdict was given, and states in substance that it will, at 2 o'clock today, tender in court a remittal of $3 per head from the 'price fixed by the jury. The reason given for the action of plain tiff is that the jury made a mistake in determining t~ie value of the said cattle, the proof being that they were worth $30 per head instead of $33, as stated in the verdict. It is unlikely that defendant will accept the remit ter as it is stated an application for a new trial wii be filed, and if it is refused an appeal will again be taken to the supreme court. Donovan-McCormick Case. The selection of a jury to try the issues between the Donovan-McCor mick company, now known as the Mc Cormick company and C. W. Sparr was begun soon after court convened yesterday morning, taking up the grea ter part of the forenoon. It resulted in the selection of the following named to serve as a jury: W. E. Brooks, W. E. Bowles, C. A. Smith, C. C. Bever, F. B. Jack son, Albert Sharp, Percy Edwards, Chas. L. Olmstead, J. C. Creed, Harry M Ramsey, P. J. Duggan and D. A. Howe. The attorneys employed in the case are J. F. Walsh of Helena, and W. M. Johnston for the plaintiff company and T. J. Walsh of Helena and O. F. Goddard for defendant. As stated be fore, the suit is brought to recover thn nrnlrnt n11noA+n. ,i t, a. n .. ,e^_ tne amount alleged to be due defen dant for his share of the stock of W. H. Donovan, which plaintiff alleges was purchased by the individual stock holders of the company and a certain number of shares apportioned each of them. It alleges that defendant never paid the company for his divi sion of the Donovan stock. The de fendant enters a general denial of the alleged indebtedness in his answer, and states that the Donovan stock was purchased by the company as a whole and was paid for out of the funds of the company. Further that the Idea of making the individual stockholders personally responsible for the payment of any number of shares was not conceived until after Mr. Sparr had filed a suit to recover $20,000 from the plaintiff company. A. C. Johnson of Helena, one of the leading stockholders of the company, was the first witness called by plain tiff. He was followed by Paul Mc Ccl'mick, another stockholder, and he in turn by Senator T. C. Power, the president of the plaintiff company. Mr. Power was called upon to show the books of the company, or the mon*hly reports that he received regu larly during Mr. Sparr's management of the affairs of the local store. He did not have them in court and stated that he could produce them this morn. In:r, whereupon court adjourned for the 'lay. Just before adjournment the court made an order releasing from custody Flood and Albert Howe, who have been in jail the past two months on the charge of horse stealing. The specific charge against them was that of stealing a horse belonging to R. L. Nix of this city and on which charge they were bound over to the district court by Justice Fraser, soon after their arrest by Stock Inspector Webb. The action against them was dismiss ed on motion of the county attorney, who did not consider the evidence against them strong enough to secure a conviction. The Howe's live in the neighborhood of Joliet, Carbon county. AT CATHOLIC CHURCH. Funeral of Miss Annie Loftus at 10 This Forenoon. The funeral services over the re- a mains of Miss Annie Loftus, who died at the home of her parents in the eastern part of the city, Wednesday forenoon, will be held at the Catholic church at 10 o'clock this forenoon. The services will be conducted by the Reverend Father Stack, after which the interment will take place in the cemetery west of the city. y Miss Loftus was born August 7, 1883, and it is said that she was one of the first, if not the first, female o child born in the city of Billings. tI Her parents were among the very earliest settlers of the new city. o DIED IN MISSOULA. a] Wor was received ere este Word was received here vesterday o" Word was received here yesterday of the death of C. F. Roe, at Mis soula, which occurred Wednesday night. Mr. Roe was a resident of Billings several years, and was a member of the camp of Modern Woodmen of America of this city, in which he car ried a policy of $2,000. His children are named as his beneficaries. The family moved to Missoula about four years ago. The report received in this city of Mr. Roe's death did not give any information in\regard to his last illness. BUYS MANYHEIFERS After taking a rest from the cattle business since 1898, at which time the Musselshell Cattle company closed out all of its holdings, Doctor W. X. Sud duth has again embarked in that branch of the stock business. Doctor Sudduth now owns all of the stock of the company named and his future transactions in the line of cat tle raising and shipping will be done in its name. He is one of the oldest cattlement in the entire northwest, having embarked in the business more than 32 years ago. He also has the distinction of having shipped the sec ond train load of cattle ever sent qut of the city of Billings after the com pletion of the railroad to this point. "We were compelled to build our own stockyards before we could load our shipment,"' the doctor stated to The Gazette. Recently Doctor Sudduth has pur chased from the Custer Cattle com pany its entire remaining one and two year-old heifers, which are to be de livered at Billings this week. He also purchased 96 head of the same class of young stock from P. B. Merril, which he will drive to his ranges on the Musselshell. "We closed out in '98," continued the doctor, "and I have been watching ever since to re-engage in the business but never saw any thing favorable until this time. It is the first time in many years that range cattle can be bought at the market price, less the freight, any where in this part of the country. I look for lower prices still, next year, and a gradual advance from that time on." During the time Doctor Sudduth was engaged in the sheep business, which he has now partially closed out, he always made a specialty of raising black face lambs, produced from heavy shearing ewes and Hampshire rams. The lambs were a heavy mut ton article and always brought a pre mium of not less than 25 cents per head over the other lambs, on the market. In the cattle busness he pro poses to pursue a like policy or theory. He will buy about 500 head of the best white face heifers he can find and place them with Hereford bulls, spay out all of the off colors and let them go to market with the steer calves, and in a very few years he expects to have a limited herd of the very best of grade beef cattle. He has extensive ranges, having acquired all of the land of the old Musselshell Cattle company. This company was organized in 1885. AMERICAN TESTIMONIAL. Movement for Erection of Monument to Irving. [By Associated Press] Cleveland, Oct. 19.-A. F. Hartz, proprietor of the Euclid Avenue Op era house of this city, has started a national movement to erect a monu ment to Sir Henry Irving as a testi monial of American appreciation of the English actor's life work for the stage. WHITE IS HONORED BILLINGS MAN ELECTED TO HIGH OFFICE BY ODD FELLOWS e GRAND LODGE. e IS GRAND WARDEN Judge Milburn, of Supreme Court, Chosen to Fill Grand Master's Chair -Daughters of Rebecca Elect Grand Officers. Charles E. Witham returned home yesterday morning form Anaconda, where, as a delegate from one of the a local lodges, he attended the session ' of the Grand lodge of Odd Fellows for e the state of Montana. b Mr. Witham reports that the session ti of the grand lodge was a busy one and that social features were nearly all eliminated. The delegates and officer got down to business from the openng of the first day's session, up to the hour of final adjournment. The election of officers of the grand lodge resulted in a Billings man being chos en to the third highest office in the body, which was particularly pleasing h to the local delegates, these gentle men having worked hard to further the interests of their candidate. Henry White was chosen to the office of Grand Warden, the second one below that of grand master, which latter chair he will reach, if the line of suc cession is kept up, in two years from ai this time. ti Lnis time. The full corps of officers elected follows: Grand master, George R. Milburn of Helena. Deputy grand master, D. W. Self ridge of Butte. Grand Warden, Henry White of Bill. ings. Grand secretary, A. J. White of Butte. Grand treasurer, Jacob Loeb of Helena, re-elected. Grand representate, E. H. Good man of Townsend. The election was a spirited one, Mr. Witham says, and called out two contests, one for the office of grand warden and the other for grand rep resentative. Mr. White's opponent was John Davies of Butte, and the former was found to have been an easy winner when tie ballots were counted, having received 95 votes to 24 for Mr. Davie. For representative to the soveregn grand lodge there were three candi dates. E. H. Goodman of Townsend received 66 votes, L. E. Kemp of Butte 12 votes and R. W. Kemp of Missoula 38 votes. Mr. Goodman was accord ingly declared elected. Daughters of Rebecca. The grand conventon of the Daugh ters of Rebecca, the woman's auxliary to the Odd Fellows, was held in Ana conda on the same date. Mrs. Charles F. Burton was the delegate from the lodge of this city. The con vention transacted a large amount of business and the election of officers for the coming year resulted as fol lows: Mrs. Clara Swain of Great Falls, president; Mrs. Sarah Johnston of South Butte, vice-president; Mrs. Liz zie Johnson of Kalispel, warden; Mrs. Eva H. Goodman of Townsend, secre tary; Mrs. Clara Simms of Missoula, treasurer. A NEW RURAL CARRIER After Three Years' Faithful Service 8. J. Hopple Turns Over the Delivery on Route No. 1 to Another. Afteh three years of faithful service for Uncle Sam, as carrier on mail route No. 1, S. J. Hopple resigned last week and on Monday morning he was succeeded by Herbert J. Morehouse. Mr. Hopple was the first rural mail carrier in the state of Montana, the route out of Billings having been the first that the government established in this commonwealth. He secured the original contract, and while it has not proved a very lucrative one, yet he has stuck to it faithfully for more than three years. At various times he has had able assistance from his daughter. Soon after he took charge of the route he became mixed up with his team in a runaway accident and was so seriously injured that he was unable to make the rounds for a month or more. His daughter, a nervy and energetic young lady, at once took charge of the route and performed the duties in as fully an acceptable man ner as did her father. It is very likely that another. route will be established here in a short time. An inspector of rural routes was here recently and went out over the line of two proposed routes, large petitions for the establishment of which had already been filed in the department. The inspector's report has gone in and action will likely be taken on it at an early date. CONVERThD AT LAST. After Passing Century Mark Joplin Man Is Baptized. Joplin, Mo., Oct. 19.-At the ripe old age of 102 years, Thomas E. Sauls of Webb City has been converted to the Christian faith. Yesterday af ternoon he was baptized and received into the Baptist church at that place. A large crowd gathered to see the ceremony. Speaking of his conver sion, Mr. Sauls said: "I have desired baptism for 20 years, and; would sometimes feel that I must live differently, and would for a time, but never stuck to it, and would backslide. I never was convert ed, though, until a few days ago. My belief is that of an old hardshell Bap tist." HER DIAMONDS GONE. New York Woman Robbed of Small a Fortune in Gems. a u [By Associated Press] d New York, Oct. 19.-The robbery , of $10,000 of diamonds from the wife v of G. W. Hoadley at the Buckingham h hotel last Tuesday evening was an- e nounced by the police today. Geo. W. tl Hoadley is a brother of Joseph W. o Hoadley, the promoter and financier. ii The robbery occurred while Mr. and n Mrs. Hoadley were at the theatre. A g former bell boy of the Buckingham a and a waiter were arrested in connec- c tion with the crime. ti SAVED BY WIRELESS [By Associated Press] New York, Oct. 19.-The story of a 23 hours' struggle to keep from sink ing at sea, during which time the ves sel's hull once disappeared partly un der the water, and in whch wireless telegraphy finally brought rescue, was reported by the oil tank steamer City of Everett upon her arrival here to day. This steamer came from Port Arthur, Texas, with the barge Stand ard Oil Company No. 94 in tow. October 9, in a heavy storm, the pounding of the seas broke the steam er's hauser pipe plates, carrying away the turret door and allowing the sea to rush through the opening. The water filled the fore peak, causing the steamer to settle by the head to a depth of five feet. Water covered the entire forward portion of the hull up to the main mast. Oil was pumped hurriedly out of tank No. 3 to lighten the steamer, thus raising her half sunken hull, and also to quiet the heavy seas. The steamer, however, became unmanageable. Saved By Wreless. By wireless telegraph the steamer Captain A. F. Lucas was informed of the oil steamer's plight, andOcame to her assistance. For 29 hours she stood alongside making a lee for the disabled craft until the flooded com partment was pumped out and repair ed sufficiently to allow the City of Everett to proceed on her voyage. SELF HYPNOTIZED. Physicians' Statement May Bring Pardon for Female Convict. [By Associated Press] Chicago, Oct. 19.-The former Sal vation army girl, Inga Hanson, who was sent to Joliet penitentiary for al leged perjury in connection with a personal injury suit against the Chi cago City Railway company, will prob ably be pardoned by Governor Deneen. Two physicians deputized by the governor to examine the woman de clared today that she is the victim of auto-hypnosis and that as long as she is in her present environments she ...ill -. ....1_1..-.. - A ....ti. ...ll ,...---. Il will be helpless and death will ensue, unless she is released. The physi cians declare that if she was to say to herself she is well she could rise from her bed and walk. Organically there is nothing wrong with her, but functionally she is all disordered. The physicians did not say Miss Hanson was not injured by the street car accident which brought about the suit against the street car company. They declare, however, that there is a strong probability that she was at first a sufferer from an injury which caused her temporary illness of the same nature as that from which she is now helpless. The case is referred to as a development of traumatic hys teria. MONTANA WEATHER. Washington, Oct. 19.-Fair: warmer Friday: Raturoay fair; warmer in east portion. ANOTHER MEETING BEARCREEK COUNCIL DISCUSSES MANY WEIGHTY AND IM PORTANT MEASURES. MAYOR IS WANTED Chicago Firm Delsires to Sell Them an Automatic Official Loaded with Made-to-Order Speeches with a Patent Cut-Off. Bearcreek, Montana, October 15, '05. Editor Gazette: Herewith please find copy of the minutes of the last meeting of the JIearcreek town council as promised. Respectfully yours, CITIZIEN. Minutes. The council met at the usual place at 8 p. m., Octouer 15. All present and Alderman Job Lotski presiding; after reading and approval of the min utes and other routine business, Al derman Hilltop presented an ordinance "creating the office of mayor and pro viding for filling the same," which had been made a special order for the evening. Alderman Verituff moved that it be referred to the committee on sidewalks to report next year and in doing so said that there was "no need for a mayor," that "all he was good for was to preside at meetings and draw salary and the alderman could do that in turn, as at present.' He then called for a vote on his mo tion. Alderman Hilltop raised the point of order that there was no second and the presiding alderman took the mat ter under advisement. Alderman burrows said that while he felt that there were serious objec tions to a mayor he thought the city should have a figurehead at least; that he was told by citizens of towns that had tried automatic mayors that they worked well, and he read letters and circulars from several firms that fur nished automatic officers for public and private corporations, one of which letters was on motion, ordered spread on the minutes as follows: Office of H. and A. Buntch & Com pany, Manufacturers and Jobbers of Slot Machines and All Kinds of Au tomatic Office Equipments-Dummy Directors a Specialty. Chicago, Ill., October 1, 1905. Alderman Burrows, Bearcreek, Mon tana. Dear Sir: Hearing that your city council is about to consider the matter of install ing a mayor, we beg leave to call at tention to our line of automatic offi cers, especially mayors. These may-1 ors are very popular with aldermen and very generally satisfactory, espe-, cially at election time, and the price is quite low, considering the saving of expense. They are made in several patterns and styles. Our latest and best pattern has phonograph attach ment with patent cut-off (which we furnish free to cash purchasers). With this attachment, uy simply placing a speech roll in the back of the head, placing it on its feet and pressing' the button, the automatic mayor will! deliver a speech on any subject. Six speech rolls are furnished with each machine, which are sufficient for a_, ordinary purposes, as all are very gen eral in their terms, and absolutely in-. offensive. On applying the cut-off this mayor will immediately raise a hand as if pointing at the flag (which should be draped overhead) and close with an appropriate reference to home and mother and the Star Spangleu Banner. This pattern, from the fact that like a foster parent, it occupies the position while having no real au thority, we have named the foster mayor, and we wou.. strongly recom mend it to you. It has been tried in several cities and at least one western city absolutely refuses to consider any other pattern. As to our reliability it is enough to say that we have fur nished automiatic policemen to Phila delphia and Boston and directors to nearly all of the large insurance com panies and trusts, and claim agents to several western railroads. Should you desire to install any of our goods we shall be glad to have a committee meet our agent when he passes through Billings and he will show you samples; also a full line of aldermen. Respectfully yours, H. A. Buntch & Company. On motion Alderman Burrows, Veri tuff, Ryan and Graff were appointed a committee to meet the agent of Messrs. Buntch & Company and re port at the next meeting. On motion of Alderman Ryan it was ordered that hereafter all cows foun in other peopi's tents should be put in the pound. Alderman Graft gave notice of an or dinance to create a police force, to b introduced at the next meeting. On motion the council adjourned October 22. HIDDEN NOT STOLEN. Employe's Caution Gives Needle Scare to Jewelry Concern. [By Associated Press] New York, Oct. 19.--A girl em ploye's caution in hiding a piece jewelry over night resulted in a alarm today that a necklace wort several thousand dollars had been stolen. Until the girl herself arrived to re veal the missing jewelry's hiding place, the William Scheers manufact uring establisnment at 542 Fifth ave nue was closel to every one, except detectives and employes, the latter being positivdly forbidden to leave the place. The girl, who works as a pol isher, appeared at work late and said that not having finished burnishing the Jewelry before the safe was closed last night she had hidden it. The baffled detectives and the force of employes were led by the girl to the place where she worked last night. There the jewelry was concealed. KING CHARLES I. Norwegians Select Danish Prince as Their Ruler. [By Associated Press] Copenhagen, Oct. 19.-A important dispatch was received late last night from. the Norwegian premier, M. Mi chaelson, at Christiania notifying the Danish court that a full agreement had been reached by the members of the Norwegian government on the ad visability of a prompt settlement of the throne question by a resolution of the storthing. The Danish ministerial council was summoned, the ministers sat for two hours and it was announced this morn ing that the Danish court was ready to abandon the idea of a plebiscite and that Prince Charles of Denmark was willing to accept the crown of Norway when elected by a majority of the storthing. HARD BLOWS BY JEROME DISTRICT ATTORNEY GETS BACK AT BOSS MURPHY. IBy Associated Prese] New York, Oct. 19.-William Trayv ers Jerome tonight continued the vig orous independent campaign he is making for re-election to the office of district attorney. Mr. Jerome spoke first to a great crowd gathered in Murray Hill Ly ceu;m and later addressed an enthusi astic audience which tested the ca Spacity of the Grand Central Place. Mr. Jerome's principal adderss was at the Lyceum, where he dismissed with a brief statement "It is not true," the charge made today by Charles F. Murphy, leader of Tammany hall, that Mr. Jerome had sought him in connec tion with the democratic nomination. The district attorney then attacked the present democratic administra tion and the nominees. He was most bitter against Murphy, and compared him disparagingly to Richard Croker, "a real man, a man with a jaw, a man that stood up and never lied to a friend. Croker was my friend, though I fought him fdr 20 years. That is the kind of a man I could deal with, not the miserable kind of a man who has sprung from good ground." Dares Murphy to Debate. "Richard Croker, brave man that he was, was practically driven from this town by the one question, 'where did you get it?' Where did this recru descence of Croker, this faint imprint of a mighty man get it. I have served the people in public ofice for some thing U:ke 13 years in p r"'es where the 'stuff' was if you were willing to take it. But I live today in as humble apartments as any of you. Joint de date is a cheap thing to offer me, but God helping me, I would like nothing better than a 'joint debate with 'Charlie' Murphy. Half a dozen ques tions not out of the range of'criminal law, and that weak shadow of a strong man would be effaced from the globe." DEFIES HIS ENEMIES [By Associated Press] New York, Oct. 19.-Richard A. Mo Curdy, president of the Mutual atife Insurance company, made the follow ing statement today: "I have not intimated that I intend to resign as president of the Mutual Life Insurance company and I have no intention of so doing. I was elect ed president until June 7 and nothing can or will be done to drive me out."