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The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, August 01, 1891, Image 5

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THEANACONDA STANDARD: SATURDAY MORNING. AUGUST I, U91
THEFIRST FIVE DAYS
OnaSide in the Difis Trial Has^Its Evidence In
MR.ROOT'S LAWYERS START
Testimonyto Sho w that the Wl^^Before the Court Is a Fraud ^^The Case Goes Ov r Un^^til Next N'oiday.
BCTTE,July 31.^Vben courl was called^to order this niornmg, Judge Mcllaltou^looked down on tin* usual large sssemtdy^^^f Attorneys, proponents, contestants,^witness and on-looki-ra, wtiich has been a^feature ever since tin- case was called.^During the morning hours, the degree o!^slowneis which has character led the^case whs more marked than ^^n the prev^^ious day. Fully half the tune was taken^up with arguments oil the competency of^testimony. Colonel Ingt-rsoU and Attor^^ney Myers made a strung light to bar^^1 xhibiis made ot the writing of Sconce^and the diagram drawn yesterday fore^^noon. The ol ject wad to demonstrate MJ^comparison witii the writing on the will^tiiat the s'gnaiure of Sconce was made^at a lat^ r MffMaJ than claimed by MM^iiropoiient. Ol.jorliotis were raised by^Colonel Sanders and Judje Woolworth,^and in each case aMMssMMsl l.y the court^On assembling, the crosfc-examiiiotion o^Mr.-. Downey was eouliuurd by C'ol^^m 1^iMMMMMsti
ABOUT THI PIN HOLES.
Mi* I^o\Mii^^ Is SSI MMM the Will Ms*
BJSJBJSsMMMtt
luget*c*11Mr;!^ Downey, did you notio^in the will there was a date line some^^what obscured^blotted 7 ^Yes, 1 think 1^did.''
Whendid that occurT^ ^When it col^wet.
Didit get wet at the time the MMM*^was being repaired^^ ^Yes, it was,
The will was then in the trunk 7^^ Yes, it was.''
DowMMM was the wrapper NMJfl w.^on the will; was it about tin* s ii-7' ( \-^lnhilmg a piece of pape i, ^Yei, Jus^about that bile,
Doyou remember whether the wii^was H clear through 7'* ^No, 1 do mr.^t x iciiy n HMMMsMaV*
MDo^^*sj r^ nit MMM r how they dri^ d il^wili7'* **Yi^, sir; they placed it on a^ipnit. Yes, u was dried by tie* air.'1
Dow mi Mm wr.ippc r fixed to t!.^^w ill 7 ^It was pinned.*'
inI the. people who 1^ oked at the tvi^lake the pniM out vtsSSj ill y io ^k^ 1 at it 7^^Yes* they did.'*
Doyou rt tin mbcr of hearing Mr. D.tvIs^*-p^ ak to Job Davis of Pet Davis, Thoin s^J^ aTereoM 1'av.sV^ ^Yes, 1 do.
Do1 understand that ^ou were in t! ^^N om all the tune when the will was bchi .^wri'icn^ * uYoo^ 1 was.*'
*11 * iDavis) did not ask you al ortt an^thing he should put ill the will 7*' ^Ne.^sir. he said nothing to inc.'1
Didyou hear all he said to Job Da v.^about v, h it bhotild go in the will 7^ ^Ye.^sir. I did.
InMarch, ls:u, some time, 1 belie v. .^you said your son brought tile will to you^this utter the death of A. J. Davis'.'^^Y^^^*, sir; yes, 1 read it.
Haveyou g ven any of the writing a^JatiiLs Davis to uliyhody since the dea 1.^ol A. J. Davis7 ' ^No, tir; I did cot.
Didhe ever teacli school7^ ^Yet*, mi ;^he did.
V*bsffsj did he teac h school 7^ ^Nea^the 1 wotk Hawk larui of Jam* | Davis.
**Umyou know whether iney used U^have in that ne.glit^orhood, in the wnilc.^lime, spelling muiche* V' ^Yes, sir; the:^MMd to have.
Doj\,u reinemher oi .loh ever atten'I-^IttO any of tie in 7^ *'l think he did.
'D ^ ft u know bow well ho ooul^speu 7'' ^No, 1 do not know.
An1y^u any relation lo Mr. Sconce 7^^Yes| my father alio lie ale cousins.1'
How long have you ku4wii him 7^^'Tti rty-fhe years.
*D d vou know Thomas Jefferson DOJVM^in ISulT 1 ^Yes; I suppose 1 knew tin^child.
imlyou know Pet Davis* 7'* ^Ye-,^s.r.
Uiilyou oversee alias UurgessV ^Mo,^I never saw her^yes, 1 think J did se^^ber once.
Haveyou over talked with J. K. Kdd;.^about this case 7^ ^Yes. 1 did several^tunes.
Didhe sav anything about what yon^should swear^ ' ^No, he did not.**
Abouthow many tunes did you speak^to h.in about the case 7 ' ^;Several tuns*^^y t, perhaps u dozen or so.
Dd be ted you what you remember,^or Hal Mtsj tell him what you remember 7^^I told him what 1 remembered.
Doyou r* me in her whether a grin;^deal ol rain came through the roof, so as^to it-juru the plastor^^ ^Yes, some of^the piaster was oil.
\\ hat was 0 ritteii in that obsturco^line7^ ^1 think the date.
CoSQOelSanders^1 object.
liieersoll I nave a rigid to ask the^STIIMM what she remembers was written^there. 'The court t lis Colonel Inger-^aoll to pr^ ce^ d. ^What do say were Hie^Words il eie7^ ^Hie MMM of July, ltSot;.'
Doyou remember apart from die will^it was the J ^lh day ot July 7' ^N ^, I do^nut; it i had no; seen luu w li 1 would^l.oi f ave lOSJssOSjbOfeel the dule.'1
Whatday in November were you mar-^pled 7 ' ^1 he Ifefti day.
luuhatyear were you married^^ ^1^tlou't icim mbcr; I was 15. anil in the^lollovuhg HoeOsWOOf 1 was uiamed.'*
Judj,vWoolworth^MfOj l^owuey, did^your lather do t.u-iae.-s lor A. J. Davis 7
Yes,be ilid.
WUal did he do for him .^* ^When^Mr. Devil cume west lather looked after^soni notes lor jstsB*
*'\N'asyour father friendly or un^^friendly 7*' ^Always friendly.
ttlgors)ll^Did you h ive a conversation^with a man haim d Wallace, of Bftonea^^lb id, ub^ u: the loin of December, 189J 7^^^^o. sir.
Didyou know a man named Dwyer .'^^^No, sir, 1 never knew him.
*D ^ you remember of a man calling at^your hotl^e about the ltiih. 17lh or 18ih ol
Peeeraborf' *'Yes, I do.
Whatdid he say 7 1 Hbjecti' n is made^to the question by Sanders and sustained^by tin* judge. Mrs. Downey is excused^from the stand.
Awhispered consultation takes place^between tVoolwcrth, Sanders, Dixon and^CornitbefSa
JudgeWoolworth ^ Your honor, there i-*^one (pietttiori, mdirec^, 1 want to ask. Mr.^Seotu e. May In* be recalled
Tincourt ^ Mr. Sherd!', call Mr.^Sc nee. Seance iH'itig absent, Sandi rs^EgQttsatpd tkol a rest of 10 minutes Im*^t ike i. Colonel Ingersoil a^ks that the^diagram made by Mr Sc ince \u^ made an^OSblbM in the case. This was objected to^by V\'dworth, ou the ground that the^writlUSj wos [of tile purpose ol compari-^von SOd not admitsable.
t- BOOl LoojOVOOU: ^I am not so posi-^t ve r^ yarding the law as Mr. Woolworth,^tint 1 am positive 1 can produce authority^lo show iliM such m admissable. Wool*^wor^ tibhciiori ir^ sustaiued.
MyersI offer tlrst the signature of^Mr. BeOOWf iiisaIu yesterUay, as an t x*
Itint in the case, for the purpose of coni-^\ orison. Obj 'Cteil to by W oolworth and^the court sustains the objectiou.
Myers^ Then I oiler the diagram^drawn yesterday, as an ^. xhibii. (in^^jected to by Woolworth and Sanders slid^obj ction sustained.
lngersollI want it understood that we^offer in evidence the diagram, as pari of^Mr. Sconce's cross examination. The^sign.vure of Mr. Sconce, mail*.* while^sitting before the jury, was offered by^Myers as part of the evidence. Objected^to and sustained.
lugersollI now ask that the jury be^allowed to look at the signature of Mr.^Sconce. ^ xhibit ^H,^ as evidence in the^FOOOa Objected to and objection sus^^tained. Some tiino taken up with argu*^ing obfections to the entering of the differ^^ent exhibits referred to, all of which were^sustained by the court. Then a recess^of 1 j minutes was taken.
A 8HORT SbSSlON.
Rvlduro That Was talked About While^Watting far Mconc*.
I'ponthe court being called to order^Judge Woolworth mforiucd the court^diat owing to the illness of Mr. Sconce^be coulil not be secured to appear before^the court, lb* staled that he intended to^show by Mr. Seonee that he was indicted^on a frivolous charge. This was ob^^jected to by Myers. The ohjection re-^- ill ted in a little controversy between^Sanders and Mv^-i*-. The court mier-^lered, stating that he knew of no rule^whit h prevented a witness lroni being re^^called. He staled that at any time be*^ea t* the dost* of the ease he w oiild allow^.my witness who bad appeared on the^s:and to Is* recalled,
Slyer*^I would call attention to the^fact that there is a petition on 111c in the^court, and of which the conn will take^judicial notice, sworn to by the pr^ sent^proponent, J. a. Davi^, in which he al-^i g *s iiuii his broth'r died leaving no^^.v.iI. And I would ask that the eourt ri-^inire the proponent |0 slate where he^i cured tin* will he now claim* was lett^^y the deceased. Mr. Myers argued the^mportauce ol ihe proponent suiting to^IbO court how he came in possession of^[DO will. He eileil cases to stn^w that no^^,died should tMf considered unless it is^^roven from what source the holder se^^cured it.
JudgeMellatton stated that the court is^ot concerned in the ease the proponents
make out or the ease the contestants
nakeout, that is a matter for the jury to^hc.de. Colonel lugersoll infoum-d the^otirt that he wished to prepare a state-
-ueiitin writing to be submitted, and^i*kcd that a recess be taken for halt an^.our. The court a-ked that, if possible,^dr. Sconce be on hand to take the wit*^MPOO stand at - o'clock, and recess was
...kento that hour.
ATWORK AGAIN.
cones tiivis Bloru 'lt^i^limony About His
COjOOHin t'ourr,^^Mr. Sconce, you said you had lieen in-^^:cied It r an oileuse. State what court^ii tt was in 7 '^^i was arrested on a charge of st^*abng^a ^et of harness and taken before a jus-^,ce of tiie peace.**
Statewhat the judgment of the court^vas7^ ^1 nail n ^ with* sses MM after the^vidence was in, the, judge said 1 was^eh ar.
MyersMr. Sconce, is it not true that^on hud your brother-in-law, Lemuel^LIuMOOOJa to tetttify to a wrong (leseriptijii^d ihe harness^ ^No sir, 1 did not. '
Didyou not say before me, Mr. Hum*^t^!.reys and ^. hers, at yunr hotisi , that^ou bad your orothT-in-1 aw* us a wit-^e^s7^ Colonel Sanders objects to the^.pt-'stion.
tolonel Ingor.-oll^I would like to say^OM worth T ins witness was a-ked di-^ectly about huviug witnesses and he
statedthat he h id no witnesses on his^i le. Now. the witness having said that^m had Bo witnesses, is it not proper lor^is to ask it a certain man was not as ins
vMMbOjNow, t we can MOofo h^* d;d^.ave a WitOWSO it will go bOtOffO tins jury
soa fact that he has debbt ralely siahd^liat which is false to patt u up his reputa-
LMNk 'The obj cliou was bUstaiued.^Myer- ^Mr. .Sconce, were Msg not also
-barged on a BOOSOOff of oi-casions, as^much as P ur, of *u aling hogs from your
inightsflfsT ^Nut tuat I know of.**
Daiyou not settle a uuuilM-r, at least^,'ireetdT such cases7 ' Colonel Sanders^icjects and uddresscs the court on the
itunpetency ot ti e t valence; sustained.^Myers^Now, Mr. Sconce, were you
not churged in Iowa with stealing
diecp7 Sanders again objects to the
witnessbeing re-examined upon such
matters.
Myers1 admit that the Colonel (San-^liotsj talks enough lor both sides, 1 am^done. (l o witness) ^^Mr. Sconce, is it^not true you were charged by Andrew J.^Davis with being interested with another^party of stealing sheep from bun 7 '^^Tin re Ml not a bit ol truth in it.
Mr.Sconce, 1 have a piece ef paper^tssffO with your signature on, ami J want^O see if you recogu ze il.^ Here Mr.^Myers produced a legal document on^which WOO written two s guatures of Mr.^Seoiieo, which he asked the court to allow^.Mr. Sconce to examine. Colonel Sanders^entered an obj ction. Colonel lugersoll^aigued that the introduction of tlie paper^is lor the purpobc soli y of identifying^Sconce's signature.
Mr.Toole at SSOJM I.'hgth argued that^the paper containing the signature was^admissible for the purpose of proving the^biguaturo of the witness. Colonel San^^ders again addressed the couri, claiming^that at the present time the testimony to^he adduced by the introduction of the^paper was untimely, and protested against^die introduction of the biguatures until^the dclonso is made.
ColonelIugersob ^ 1 want to correct a^mistake made. We do not want to in tro^^unce the paper as evidence now. hut we^may do so in timu. Tim naper contains^one signature, perhaps two of^the witnesses, the alleged only^living witness of the will,^made in leUi, and we want htm to SSOjOO^^^MM his siauature. Aft r much dis^^cussion by Dixon anil Sunders lor the^proponents, and Toole, lugersoll and^Myers, the court sustained the otyootioM^ol the conte-tant's attorney!*, the paper^was marked by the court reporter^to be introtluced as evidence at^some luture time. The character of the^paper was not mad'- known. It was a^legal document of s^ me kind, col^ red by^BWO| and it may be of much importance at^the proper t.me, as the signature.-, it is a ^^leired, were made hy Sconce otiSept.ll,^IMiL Mr. Myers explained lo MM couri^MM object of the inirotiueliou of MM pa^^per, l olonel Sanders objected to the^staUiueiiis of Myers being otoood OM the^record. Mr. MjrOfOOSoioiOOOl that lie de-^sind the statement to go on record to^show for what |'Urpobt^ MM evidence was^opered. The court ord.i.uetl that the^statt metits be not placed oM record. Mr.^Sconce was excused troni tin- ^-taud.
Mr.Myers ^ l would ask the court to^have the proponent explain bow lie carnu^by the will.
Overruledby the court, and exception^noted I y attorneys for contestants. At^this point. Attorney Clayberg, Tor the^contestant*, read a motion asklosj the^court to dismiss | io t*etttioa ^ f Jt hu A.^D tvis atid that the case be MMMsIsOOSj on^MM b !lo^i!tg groimd^-
KirstBecause saM pioponcnt sod dHeOOeOl^has i ,i Mi n^ prod ties buttVimi pffu ' l^ ^aiiaut^I,a- pioli.c ^I *a:u al.^v^d will.
E-scwOubessuss sosj praponetit ani tl^feiitl-^sot bas failed to preciucs p\oof of tb^ ^ rs^^quired b} !sw to a low the probate of .twiU.sOtl^lo si oo t a* probsU ot Uh- am bercii
Thirdhecx iso all of tbs testMooo) 1 ^ * hu*^produced ill 1-eha.f ul tin- piepiii* b- Si ISOSV
tutwas and % tDadmisiible in chief, snt prior^Ij tin* uitrtMhiet on n! the testmn n^ m l^*-nai( of
ritestaotKaud plsiaiifls upon tiie eontekt to be^tre ^t hv ilii^ jiii ^ . _
FourthIVeeau^e sU of the testinieujr thus far^protliietsl on itehalf of prepunem auu defend^^ant is in lefsreuce l^ the issues W SO Itttw Of^this Jtir., hut can l*e cans^tlere*! s ^|ely hy the
ceurlu|K^ll lilt' ipi^Sti^u itt til piohsle Of Mi i
allt-icedwdl, sud th ^ Jury t antiot tou*id*r any^or su^ h tfbiiinoiiy Ui^ai the trial of the issues uf^Ibis contest
Kiflb-Becsuseti e propo ient and ih fenlant,^lolig a. I iiw\ i^ .lu iii etiiot, and h.tMiw pre-^senied said adcgeti will t^^r probate, wssnot re-^miireil t^^ e\p Mix under a.itu lie-w the |s^Sbes^ion^of NJM Alleged will was seqiinetl hy him.
s|\ililit-i-auM* tin* (fkttinmy tends to show^that tin* slletied wdl wss e ft iu the ciiittsiy uf^Jsliics 1^hvis and .(oh Davt^ hy t'ie tleeeased,^auu was after^aols in tlte ssoMOV ^ f ^he ^latin**^U. lahly. and ^aal Kddy l^einic in court, the^court ^ud net rupiiie any explanation, ami uo^expana ion ^at* effete.I, t^ ioOW how Mil al-^lei;rd wtd came into the itos^et**lon ol r^aul Kihb ,^or into the |sikhcssion ef pn iM^nent and defend-^unl. who presented the sauie to lids eourt tor^probaie.
Thecourt overruled the motion. Mr,^Toole addressed the court and moved^that from this on that the contestant* be*^designated ns plaint 11 ^^ aud the propo^^nents as defendants. Sustained.
Mr.Myers ealU d for the petition of^letters of administration of John A. Davis,^filed March 1MU, in which petition^said A. J. Dav.s Mated under oath there^was Ho will. This was produced and was^read by Mr. Myers. The contents of the^paper are well known, it Males that the^said A. J. Davis d.d not h ave a w ill.^Much lime was taken up with the read^^ing of the document, alter which it was^filed as evidence in the case at the re-^tpus; of the attorneys fe^r the contest^^ants. T hen W. J. Sieckel wab called.
STUDYING IHL WILL.
Abank (M^hl^r MOSOOs That .1. It. I dd^^OTsoM it.
Mr.Myers^Mr. Shekel, what is your^name^ ^Wdbe John S:eckel,*'
Howold are you 7^ ^ T weuiy-ni lie.**^^Where* do you live 7^ Mllioomflelu%^Iowa.
Whati^ your business7'* ^Cashier of^a bank at ll:oointieid, Iowa.**
YouoOJOO had much experience in^handwriting7 * ^Yes, Mr. I have.
Howdiil you obtain that cxp rience7^^^i^y handling many signatures and indd-^ing them.
Doyou know J. U. Kddy T'* ^Y'es,^sir.
Howlong have you known him^'1^^About four years.*'^^Do you know his handwriting^*' **I
do.
Didyou correspond with him7'* ^Yes,^sir.*' Here the will in controversy was^produced, ami the witness was asked to^examine it and to state whether or not^he had ever seen it bef^ re. lb* replied^be did, ou the lioih of July, in the bands^of the clerk of the court.
Mr.Myer*- ^ Please state in whose^h tndwriting that is7 Questnm ob-^jt etcd to by fgdoo Woolworth. lie con^^tended that the form of the tpjesiiou was^not proper, obj cliou withdrawn atul^question put to die witness. He replied:^^It is in the writ ng of J. K, K.idy.
Whatpart of it is the handwriting of^J. H. BdhayT^ ^1 think it is all in the^haudtt r.ling of J. It. Kddy, including the^uuineu of sOSTOeS K. Davat aud Job Davis.
Whatdo you say of the* signature of^Sconce 7 * ^1 did not include that.1'
1heheve you included the names of^Jam^ s Davis and Job Davis 7' ^1 did.
Didyou include the Mgnature of A. J.^Do*MT * 0m| cu d to.
inwhose oatidwritmg do you think the^signature of A. J. Davis ib7^ Ol j^ etcd^to but overruled, and witness answered:^^1 can't say us to that.
Myers^ What examination, if any,^have you made of the bittuaiuru of A. J.^Duvis7 Mr. Woolworth objected to the^tpiestion, claiming the witness had n^^knowledge of the handwriting of Davis,^ft.oti^h he knows the writing of J, K,^Kddy. Mr. Woolworth contended that^the witnesses was incompetent of judg^^ing of the wnhiig. 4 olonel lugersoll^asked tie* court d the wanes* was allowed^to answer the* OOSMeMMk Court ordered^the tpiestion answered. ^The signature^MM examined by MM with a magnifying^glass.M
luw hat way did you examine the^parts td the document 7 ' **Willi the eye^ami tiie gluss.
How,if you know, was the signature^of A. J Davis made 7^ Objected to aud^ohj -ction sustained.
MyersWhat is there alsuit that docu^^ment that enables you to recognize tt us^the writing of J. It. B4swt ^It corre^^sponds with writing 00 WVMfO 1 received^lroni him, aud others 1 have seen.^^Colonel Sander* here object* that the^testimony is not competent.
You*ay you MMWOOOM the writing of^J. It. K Idy, 1 hand you MOW a do* uiut-ut.^Do you recognu * it us Kddy's haudwrit-^ing .' ' ^Yes, sir, 1 do.'*
Apaper is produced bearing the writing^of J. It. Eddy. It was a letter written to^Shekel A Son, on a h-ltcr head^of the Tinted Mates Kxpr* ^s company,^and was examined by the attorneys.
CeloOjOllugersoll addressed the court^ou the e vidence ami proof ^ lit red by the^witness as to Eddy's haudwriling. After^much discussion by the attorneys it was^decided to postpone the hearing of the^evidence of this important witness until^Monday. To this the court gave accent,^and further hearing continued until^Monday morning ut 10 o'cloc k, when the^question of whether comparison of writ^^ing and signature s shall be taken as evi^^dence will be* urguod.
What
EDDY'SW KITING.^ths
OUTON BONDS.
riuiiitilT* f'ropot* to^1'ruvs.
Theclimax of the uay was the* testi^^mony of the last w itness. When he was^placed on the stand and asked If he knew^J. K. Kddy, ami replied m the affirmative,^biddy, who was in the room, was asked to^rise. The witness stated he was the man^referred to unci the writer of the will^winch lie held in Ins hand, ami also the^letter w hich was hvidcd him. Tin* staU-^metits that the signatures of Jane** Davis^and Joii Davn were written by Kddy, as^well as the body of the will,^created semes-hat of a sensation. This,^In connection with the signatures^of Sconce on the legal instrument intro^^duced by Attorney Myers, and sWsWUMJ^date of September, UWe. will OS used to Oo^suiull exit tit to SSHSs the cpiesiion of the^validity of the docOOSOM which is the^cause tif the conteni'oii.
Owingto an oofft ^ment of the attorneys^und sanctioned by the court, the propon^^ents -hall b ^ known hereafter as defend^^ants and the contestants as plaintills.
INUtHAK 1 McNT II
*4VhstJudge Pi BSksOSBO Hubirtl Hun t If^A liuu i \tsit-nl.i^.
Bnn.,July :!T ^in Department II. of^the ^hsir:ct court this morning TWOfOOS^Varden w as urraigte d 0M a flhSfgO of OS*^sault w ith intent to kill. He oil ided n t^guilty ami his eoos was set for August I
Tiiedemurrer was ^a* rrulul in the s*0*^trorc ^ case of James vs. James.
Oi motion of Attorney Cainn'-ell t( ^^MM of J. L. Jon* * w as d^ clareh I OMsOMDl^to pay ove r the Jl1^ cash bond d* p js n d^for the ih feiidaut by loin. Jones' cast-^was brought OM appeal from a Justice^court. He is charged with disturbing MM^MMMMs
A.T. i'lHyter. uriiggist, corner Ma :i^and Tirst streets, is sole agent f ^r tie^cell brat* d J. A. ci^ur, manufactured ot^the choicest havana u bacco.
TetterI euds, bill I ^ ails, job printing of^every d'-scnt'tiou heully tiouo at MM
S'lAMjAi.iloUlCO.
Allrlena Wool l^ur^r I*lsced I nder Ar-^soM
IHttk,July IU.^Fdwonl Humpel,^Iniy* r for A. J. Davidson ^^ ^ ,^., hide^and wool dealers of Helena, was arrested^this afternoon by Shtr.tV LI-yd on a^charge of grand larceny. The com-^n' lining witness * is Frank French,^VMM was appointed eusio ban of the^^laughter hotine and contents belonging^to MM firm of Williams Jr Savdle, at^^tached last week by the F.rst National^bank to seeure a debt. To-day Hampel^hougnt a t|uautiiy of bales and tallow^stored ut ihe slaughter house, making^the purchase from A. J. Dav^, cashier *d^the Punk, who sold the articles to prevent^them from spoiling. Hampel engaged^a team, and French having received^pr^ p r instructions, t^eriuitted bun to r^-^luove the goods he* had bought. 'This^uiternoon Humi^el ordered the teamster^to load ^j sheep pelts ami a sack of wim^1^containing about l\0 pounds. Fieuch OMs^jected and ordered the driver not to^e^ad the things. Hampel said lie^had nceivetl permission from Mr.^Davis to haul away the pelts and^Wool and assisted the driver to put them^on I oard of the* MWfMMk Fit MOM still pf*^^tested ami came to town an I told ihe^sher ff what bail occurred. I'nder in-^VWMOiMsM frtim that t MMMff he VOM OO*^MfO Jiulye Kddy and sMOOfod *^^ mplaint^against Hem pel. A w.irraut tor the^la iter's arrest was issued and^ilu shcrili made service, arresting^Hampel at the idaughtiT bouse, a few^miles fnuu the city. Hampel Mill main^^tained that he had Mr. Davis* permission^to take th^ things, and was taken before^that gentleman, w ho emphatically denied^Ham: el's statement. IhHHH were lined^at iM*J, which Humpfl turni^hed and was^released, io appear heiore Judge Kddy^lor arraignment.
WAITING FOH AUKAlCNMtNT.
IfMr, Cautpboll Pomii'i 4. ^ to llelt'iia II^Mil) TnLt* !'!.*^^^^ ou Molality,
UtTT% July UK^^Win n w ill the prisou-^* rs held as IM0M0WM Ml the PmMOOO MMW*^der get a hearing 7 is Msg topic of con^^versation on th** street now. It was^MMOOfod they would be arraigned oil^Monday m xt, but there u a ptissdii.ity of^Defending Attorney C tmphell having logo^to Helena on the MacKuighteaseon Mon^^day, aud in that event the bearing ^ f Hie^men will not come up until the end of the^w^ i k. At tlie lime of the* hearing of the^writ for habeas corpus in the supn me^court, at Helena, in tin* MacKnight case^Attortley Weed raised a technical objec^^tion which necessitates the production of^tlie evidence taken at the hearing of the^case here. 'The evidence was taken by^Stenographer McDougal, aud is yet in^short-hand. IT he ran find time to com^^mit the evidence to manuscript by Mon^^day, Attorney ('ampheil will go to Helena.^McDougal ii at present engaged in tak^^ing the evidence in th** Davis ease, but^thinks he can attend to the evidence iu^the MacKnight case*.
itw as 1* arm tl tin* labor unions held a^meeting lo-uight to determine what could^be done* in the way of demanding a^speedy trial for the incarcerated men.
THE JUDICIARY COM Ml I TEE.
WorkM pptd Out lur iho Next Meeting^of ih** illy Council.
ITTiJuly IU The judiciary mm*^mittee of the city council met this after-^noon to consider a couple of ordinances^prepared by the city attorney according^t^^ instructions given huu at the last coun^^cil meeting. One of the ordinances was^for the r*-|*ulati^u ^f buck and omnibus^fares, nnd the other prohihilltig children^under hi years from being on tin* streets^alter '.' o'clock at night. \Vuh a few^slight alterations both ordinances were^adopted ami will la* reported for passage^at the next meeting of the council.
Thecity engineer was instructed to pre^^pare a list of property on which sidewalks^and street grading assessments were due,^io be submitted to the c unit-il at its liexi^meeting.
Dfcfc.lt LOUCifc tit LLC TED.
TheKnights id^ I'jilua- Will llolu a Pic^^nic nu Hie 13 h ImMMjMMj^Ht'TTK, July 0s* -As pr^*vioti*dy an^^nounced tlie local lodges of Knights of^Pythias some tune MMMM thcided to have^an excursion and joint picnic and par^^tially agreed upon fch./ man us tin* place,^having received an invitation from the^hmgbts of that ctty to visit them, i iwmg^to the great distance and the corisctpieht^high rate of fare il would he heeessurv to^charge, the idea of going to lb /email iiad^to he* abandoned, and Deer Lodge has^been selected instead. The flat*- lived^lor the picnic is Augud Id. and to accom^^modate ihe large crowd expected u spe^ei il tram has sWMM ( bartered from the^Montana In ion for the MNMMoMMa A rate^of for th - round trip will bo made.
HECUKD OF THE MONTH.
Iorty-lwu People Pa-s lutu .spirit Land^llurlnir .Inly.^HlTTO, July 31,- During the present^month 4J deaths have been registered at^he health office. The cans** of death^was: Pneumonia, four; cholera in^^fantum, three; accidentfour; still^birth-, four; alcoholic OWsMMMMMJi two;^other disease*, Mk Of this MMMfMMff H^were mato; Is died in MM city, MM n *^mainuig l'4 dying outside the three-iuih*^limit. I weuty-tliree' of tMO MOOMMOod WON)^natives tif Montana. Their sec al condi^^tions were; Married, four; single, sM|^unknown, six; widowed, one. Inquests^were held in eight of the MMMHMWi
U. ^ , I. I, St I vices.
BflTE, July 31. Services will Ik* held^m South llutif M. K. church 0M Sunday, |^August J, tmder the MMOpMMM *d the I^Woman's ( hristiuu Temperance Cnnui.^Mrs. Slout. president of the W. C. T C, |^w II speak in Mm HMeWMMj^ and Mrs. A^I ^^ lud -rson, superinteudi ut ol evangel^i tic work, will sf*-uk in the evening.
FATALWHISKEY.
TwoChildren !^..* at H alkerv llle From^Alruhollr PuUonlng.^Ht TTK., July LI ^The two children of^Mr. and Mrs. John Downey of Wulker-^vd.e, one a girl of J and a half years, the^other a I soy uged 4, died suddenly this^morning about 1 o'clock from tin* effects^of drinking whiskey.
ShortlygOsWt noon on the day previ^^ous 1 hursday, the mother left the two^children alone for a short time, she going^to a spring nearby for widr. On her^return she discovered that th* y had Im en^drinking whiskey from a dctn j dm left^within their reach. 1 he Iniy was taken^suddenly dl and medical aid was imme^^diately sought. Drs. l'lullips aud Leavitt^arrived at the house short y alter ami^worketl for some hours endeavoring to^resuscitate the boy. The little girl had^been (put lly sleeping on the IhmI and It^was not suptMised that she had^drank enough ot tin* liMMMI to produce^injurious t ffects, but in about two hours^otter sbe also become alurmingly ill ami^the skill ami labor of tic p!iysiciuiis^was iH'stowed assiduously up MJ gOOM t 111)-^dren. F^t a Hint* it appeared that the^tleadly effects of the alcohol had been^-net sosfudy combatl*'tl,bul shortly before*^midnight there was a d^ caled chang-* t^ r^the Worse, und MOgMMOJ tin* vigorous t IT r s^to maintain heart healing, the btth* g n^quietly expired, the death ol the boy ot ^^eurrnig in about an I.our after.
ihe case is out* of peculiar sadi)c^s, as^it Ih retis a loving father and mother of^their two only children. The MMMMMMOSO^of the ^.him^ ful occurreiic*' ami the^M0MJMJMI that it might have 000M avern d^by a imle care has left the parents heart-
tiroken.
Thefuneral will take p ace Saturday :it^_ o'clock.
AMoMtilth*' tRssWeOj^III l TK, July 31.^The friends at Fiddb r^li.iuke are up in arms to-day in is-halt ^ I^that gentleman. They admit that he h it^thecity witu u violin b^ longing to i*ro-^fessor PmMsMi but say that instead of being^worth v I.' oo tin instrument is it very or^^dinary liddh- and not near as valuable as^the one be left with the prof ^s^or to b^repaired. They also claim that Cauk^^will return tie* instrument as s^Min as bis^ow n is ready for use. lu tin- meantime^ttauUe is entertaining the Spokauite-^with the ^Arkahaaw Traveler,^ ^Johnnie^lift Your Cim^ and otht r otOOOlg selec^^tions Irom iii** old masters and doing it^ou MeM Tin lis' violin.
Ihe I wraUe Iii- MiMTuW,
HtTTK,July 111. -The parade of the^William It'll It lievoletit stM'icty will be^foriia d at the city hall at 11 o'clock on^Sunday and will la* made up in the fol^^lowing order:
PoliceOfficer*.^Mood
ro. s. of a.
Fi licit PatuuiMO Institute,^('lulstohlier i eliutdsi Nicicty.^Krsig i \ rffvMu^I urn \ ei em^It in.I
WilliamTeh iMOeveMM nootst|f.^Car ^if Ma e K^*pn m i.tini; America sod^SO WtstlBOSL
CswrsMjMk
HrmlMNMMJ 'If suffer*.
HiI ik, July III.-The following MMMs^erty exclianges were recorded in the^county recorder's office for record to-day :^Dl It. sln psrd o| Oi M Anna MHMO^^^ST, h t s, id hits K I of IfsOSSM ^ ad-
dil0o $ C^. o
K.1 M ha\ Mj at Is W. .1. MeNoSS,
i-t t, in mo k is of tin* Looms \
TestrodestMoM WBtte a.Ti Oi
Mairan t i ospruve to \lsry A. Ken-^iicuy, one tli rd iiileiest ntlioLagle^quail/ lotls io tiling ehtiiu 'j.iou uu
Sniok*rs of ihe c* h bran d und original^4*t ui.an MeMMMMMT* WiH in fwMgO find^evi*ry cigar and every box branded ^ |..^l.ilJis.^ All others ar^* counterfeit. L,
|.lilts.1.1;-'^ Second ii Venue. New *ltirk.
om.r. nooo, w. a. rxoirn.ii a. c cwam*^osos, aaacts osLV. r. ^ ssoooaot,
HOGE.BROWNLEE ^ CO,
b-h-n-k-e-r-s.
BUTTECITY. MONT.
Trannrt tneni t^Dklag lnMto^^. Rx.^cluuic* drawu uo SI Um Irnrluig cutM jt
SSOs
Collections Protnptlr Attended To,
rorre.ponrtfnt.:\V^1J^ y\r^r^ ft ro. S~w^Yrrk. N\. . ,. tugn n OS, Halt IjUe: WaUi,^haruo ^ IS, ^^ I iAii. i,. n. omaiia NitiiotuI^L.i.k. Ouuilia. N.Uuual L.u..w. on.iud,
Hl.slRMIMat BASS, Axacoxo*.
iccorporatedtinder ibe Liwi of Moatuu
State Savings Bank
BUTTE.MONTANA.
Temporarilylorairt in v^tt Bullclla^. com*^Grume uid I ut . aUe^u.
PAIDHI CAPITAL ^ siqo.ooo
iFer Cent. Interest Paid on SaTingi^Deposits and CompouadtJ^5c::-i Annual!^.
RECEIVESDEPOSITS SUBJECT TO CMJM
MMOOOMMUooMssrcMJ rHsasn aOd Losos^uu MSOl LstttU*.
DrawsForeiffn, Domestic Lvehaiure
RlTCHIK'SCOMIQUE
iiV, MoN I' % N A
MOMDAI I \ iMNii, ,lt LV, m.
Oflssslli'iir. ^From Ma m. In | p. m., and oa^fM,ti.^ ti i^ r.emriKt liuui * p. ul lus p. ol
t.A. i.ai:i.i:\i*i^^i^iMit
l.II. I'AI M i ItVisa fre.ldea*
IM UUUOKMa
MMcroaa,T. A. larir'T.^ li.i^. II. I'Uniir,
l.ao.VV. Mut 'ftoo, h. \ h^'inii^ra^I. M. It.^l ^^^^^.A. II Harm.
OcuLLa^cli.B K. _
t-I^. l.i.iti X
RussianNiliiiisis i THURSDAY
MmsTVSSSMV^HORRORS OF SIBERIA. ) JULY 30
TheMasses ) SATURDAY
AHllTHKy rtKMHi,
MILLIONAIRES.) August 1
Tb'1Mnvja |M|'U'.tr SSMI Ml I* KU^n at
MAGUIRE'SOPERA HOUSE,
oulite sltove il;ili's untltT the aunp.i'i^ of
TlirNiiionil A^si^i;iiiuD MaiiitDirj Ln^inecrs,^SO OS, Nui I,
fortie lw n*^nt tif thou L.hnrv Fund, hy^ih' SMUOOjoMOso Btisw, ths
lf ^ HHM MMM, l^. ft^Mr, MsMtooaovss on. (iisnt't irnrs^'or
SOOOrolsi l OMMJ MMSM 'M l ^ for i iii i so,
SaWOliMMSfiO il P-Sil.ofi MlSfSSH] loai Hit.it^oiioiiuoui i Ui MSM rsiuaOls intorruat.on^*b-' ii euuM ^ a *il, im BOlooo Sf ottiers
lion'tMfMJf (lis iMMBj *'^ ^ s^MMl v kui1 1.
A liiio^ioii in* and *^ ^^i No extra 1 itai _^^ for^mo r^ fl seat Moks font If SirtloMl t arly.^tlsOMa ^^u s .Is at i MoMM1 ssSM store.^I 11 |n^ t*^ rep-^r ^ I'lHiiuieiits set* ''IrcuUrs.
S500Reward !
MMwin om Mi *hnr * iowoH d rof tOsjp
('ifti|^Islrit, |^y -|^t-|^e^, M^ l^ U^ ^^! a.'l 1 ; 1 !,.^^^* t Ion. r*n^^^li|ssl|i n nrl'.-lii-m 'ui' i t*i( 1 ^ ^ *^^ sail V*. it'i^Waretat. t* I n . r l'i I-. s in t^ ti il re. n ^ .i ^ ^tri tly^i nssslw S Tltli Tie ^ |'^^ \ ^v* *sbls OSOOSSSO^f.ill lit t'l^^ sal Iff .i^ ti -n. HutrsfteeJ.-t i .*# ti ..
|i ^ ^iitsitnit|r ^i I'll. . - ^ ' I'ntfc |trwat^^' uforfeits
amiiiiiil.siii^te tin- r ^ imn* msniifi. i ir^l ouijr tij*
i tlik. JvUN l WlaL iulll'AkV AUiU^v.iLL
I THE SMITH DRUG COMPANY,
MM auknts
1 VAlNMHi n.A.NAt'OMiA. MjQMJ
Drs.Liebig ^ Co.
WillVisit An u-oti.I^ in.t tis%^ efiloes 4t I DO l^s MSOMO MMM I
.IporsosyBosI i**ritis^, Jsso imi and istMa frsoi ^^. wlm^ii |i. in tiiiU . riiid Krtuii d iteN moothljr sfWrwsrils. Ml^^^.Mila the i.itli ^u,i nth, rir.uutt* tits 1HS
amiI' td, J*liiilp*t I'll i IE Ui*' Kill ftivl i -I n, l^r. i l.udL'f lain I Jl il, Ulluil til* JlHU and .'l^l aui U'lDOS^ll.e Ul lo Us* 7iU ot tieij inontli.
Drs.Liebig ^ Co.'s World Dispensary,^Butte City Surgical Institute,
rhs|JTRe*t riironlr lUw^as^ |)i*im^imiv and M.tnuf^et ^ry ^f^LMMOMMjr Appl aiiCf-s l'i SwOtOOOj
CorserMAIN .ml BtOADWAY, Butte Citv. Mootasa
1'rtvsttKntt tn^*e. i l.st l^rojd^T i\^All fottii^. *d venereal tlSuai^ef, ^^ nun il *e*iktie^K. *sr:o*s*ele m^rstnrv i^H Ul'iKkTiMi! lliv Mt'lniu h. * Ma rt sir quiet, V^^n m^tiiM-tor liiMiseTf. f oosuHaUsO i^ iMiually ^^r l^y letter Crss, fmiDilioHsl Is^OO] ttimif.iiKls raniiol BS SOfSi uf MMMM OOOMMM^m sis, ^ tt , ssM noo
|-s. t ^)ii*uiiiittr idiymei um (orall lorrns of nervous and ven -ieai disease*,^aneer* inaiiulsA-duicu fui tit tm tuiii^^.
it**^ i iiik ^ ^ i eft r ^^*^^^^ ^^r hur*^.cu., aid lor ths cure or r^i.sr of au:7 'iuis;^tl.t Llutaii nis^u si writs'
e^ifnll/tr-* vte^l t^y n**w m^lS
'1Mi'l |M SOS SOO MM tilt*.^t|^II to in^ *li i*KptOUlM4
pm.aU*tiisviisc*, r,uv:, s^utiauj, vsrr^Hi aces and ap 0
DRS.+
NutI CM (if l.tin Inn*.
Hi'Tir.,July ill.^The following mineral^]^m an.mis wen* Hied for retord in tti^j^m e^^ril**r's tilliee :^^-^! ^\ ;
TtoOMsVflPiOfiMO MM* In tin* IbMmmMnmm)^i hoMji distrirt, by Jmm* - and Mwuasl McNul ^.
Hiei.s t thai, quarti lods m thsHoouatt
v^he^ MMMJ-MMIMIa ^'^ ll-ur^ JMu^ tin.^MoMOfg
Tlir*rnornlHTs of Washington ('amp No.
!,Pi Ob S. of A., are MSMMOMOl to MMMM si^j their hall |soJm^ Ann. at |0M9sV ML
sharp,for the purpose td taking pari m^I thv |iaratle uf tin* Willium T* il It* nev -^J h Ul society. All visiting ire fubsffS OfS
itiviwl to joio. A. A. CrosooMMa ooooa*
I lit; N. J. Scott, *ccrctar^'*
AtlsstlosKnlfhtaOf Mirrw oo^l I1 tire*:.
AllKnitflitK of sMMfftfOOOj FMMM CMS*^tMMM ^1 A. ^^ 1'. of A. art* rssjMOOMsJ to^' Ml al ilicir hal1 in lloOsV tv.lle, Krnlay^^' Ulllg July alnt, ut 8 p. in., in lull Hfltft*^to in. sMMMMSM *^f jMMMTMMMO to ^ very^roOMMBMff wui OOMM OOCOtO MM MMMMHM
Byorder of ^. H. Trtioor, ooommmmmt*
MOOOn i
17/100shares of New Slat** Mining n tn-^noOf stock. Apply A. J. pMMMs, jr., f r^t^Naiioual bstik.
LIGBIC^ St + CO-.
ula'' S San Kian-^t^tH*iail4ta. for
ALL
a* ^ *MvsosM of nun, MS have sMosa In l***i^is VtortU l'uisa*.*iy buiidiiia,
111 I Io in r ef Ma.i, .nil Hi...,.,*,,*,, l ull. City, MvOlaita Hr. ^,.-0111 K ^ o. 11 iv
IIII Lj l\ Ir' UR,li * ^^^^* iuin^^0-s sr^1 (ap.i- i ^ i:.p \**\ .11 . r^iu vii**eas.-i ^t tu n
IIf I l\lthan .U ie-calM0 aptsMO-vta' Ulstsrasar.es and rM iiules 1.1 uu* West e^. sa
If1 I I 1Liii*-^i. M^o. lts^l ^ ur awstroyins sou rUroOk ailiueuis only to turod,
Af 1 Lsrf 1 ^seiidtn ^u omoooi) rsstoosiMa fcinsm 1 ity saM oso Kraucisos -i^eiaiiit*^lit til ImN iu MuiU* sad MM00 louiuev to .^^an Fraueis. o Oi feLiasas City.
NOWLOCAf ED In^UTTeT
RUPTURE
PERMANcNTLYCU^ED OR NO PAY
Nolit 1 en 1 ion from bs^lii***. W*^ refer ^*^u^to Ot)0 patt*ncs in ihe City anu MMMj *^*^d ^is^HMMomoI Itstnk* in Msomsms
Invrstlgstrour tarthed. Writ'fn r.uarsntfe to^Arnvilutrlv Cure ^!! L - - . t R V I' l l :^^^* t N'th seacs,^OltMsM tOO SM si K MM. 0*4 SVKINol.*, ttj luullcr^id hww 1. .ng ratanditi;
EXAMINATIONFREE.
THE0. E.MILLER COMPANY.
Curtism
1I ^tw * i Hoost l^officf Hoarm, -j
SEND F00 CIRCULAR.
ck,Dsossr. Kntrsnos^1 to 5 p. sa.
Butteoffice Northwest Corner Mam and Park Sta^. over Jacob*' Clothing Store^K00111 15, cotiance oo Pork St. Office hours, 9 to 12 a. m., aad j to 9 p. m.

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