The Anaconda Standard from Anaconda, Montana • 7

7 i and -fines you but- will suspeni nnniiininr ittiit nin mnTinr RIITTF NPWS I Judgment tyitiljhe rioseof Jhis jrjai' Will the court "alWiw "Tne" a nioineST KIM Wh hH DOCWlVtTRflUBLE-AND ARE NOW IN COURT uuiiiiii iiinuL ni i iil umi ui uuuiiul to explam?" asked Ir; Breen. "So far as I atrt personafly. coi-cerned," added Judge "I io nou care what ii ttomej s-think ol in; or how they talk -about me on tlia streets, but when this court is in sej- mmm BETWEEN JUDGE AMD 1 1 1 1 1 1 I I Ullllbl this court-will -not-stand-for-any i S. L-r-L r- I Greatest Chance to Cover I Mr. Breen Seeks to Challenge the Jury Panel and Prove to His Honor That It Is Illegally Drawn, and the Court, wEloorat lowest Price To-Day and To-Morrow Special Offerings in Nobby Floor Coverings Look these over, please, and see what we offer you the most Unusual Cut Prices Venetian art squares, too, very latest patterns, in four sizes, in floral, scroll, Persian and Turkish patterns, priced thus: izzzz I owe that to the people of this community; I owe it to them to tnawtairrspwt-ftnhFTromsr shall do it." Ilrepeot Intended.

"I am not asking for a remittance of Ithe fine," said, Mr. Breen, "but I Ito say to this jury panel and to Hi's court that hd man living ever heard regarding "eitherj No man ever heard me a wordhat-reflected -on-the-lntegrity or honor- of this. courtor juryThis court may have made mistakes, may Lhave committed error in other cases, but that is not my affair. Here I have a duty to perform for my client and that I will do to the best of my ability. I do not believe that your honor would do not believe that your honor Would respect a "No." said the judffe.

"Well, I do not pretend to be a-cow-ard." Thatclosed -the sensational Incident for the time. Last night Jess-e R. Uoote, law, partner of Mr. Breen, left for Helena to present: the matter of Breen's fine to the supreme court and request a writ of supervisory control. A PLAY THAT IS A ESS "Monna Vanna" presented by A'anee ny for Ke4 final performance tn Butte.

sented "Monna Vanna'' for their final performance at- the-Broad way-theater last night. "Monna Vanna has been advertised as -atragsdy, as a "dramatic -masterpiece," but if those who witnessed the performance of- it last" night could decide" as to what class it belongs it was not evident by the remarks heard after the final curtain. The play is said to be one pppecially translated for Miss, O'Neil; it is in three acts. Two acts anda halt ofit are tiresome, ta Iky affairs of long speeches and no action, hfitalklngbeing doneby fourcnar- Twenty-Five Art Squares US: $5.50, 9x9 $4.25 Sultana Carpets Ten rolls, yard wide, one side carpet patjejrtr and other matting. 60c Values 371c Floor Oilcloth iiOOO-yardsJ-jo yards wiae, per square yard 40c Values 27ic tnoir epccnes-9 BrownfieldCanty Carpet Company 48-54 W.

Park, Butte, ing half an hour long, or perhaps less though they were long enough to cause people to Howard tne close of the play Miss Neil finds a single-opportunity to exercise her tal ent and set off. her artistic, aiid then the curtain goes down. leaving the story; and ihe audience In the air. The story is chopped oft with the interest at a climax, and even with the exasperating though consoling line, "to be continued in our wanting. It leaves a -whole volume to be imagined, and each person can carry-it to a conclusion .10 suit his taste and desires-rmake a tragedy of it or carry -it to a comedy end.

Nearly the-entire audience remained seated for a minute after the curtain went down, thinking programme must be in error in, announcing only tnree acts. Whom "Monna Vanna" satisfies is easily pleased, John Glendennm did some excellent work all through the play, and foj. two minutes Miss O'Neil was admirable, but that w.aa all ther was to theowung, The state of Neaaa-wlll soon1 -be the, richest gold the Union, lono-pah, Goldfield and Bullfrog -have in the yw-U ''ailt-fiarrner of fTMurray 1g yeXfsgo: ffcs principal Offlci. of th Bttnijard la it atst Broadway, Butted Telephone 421 Advertlsfaig ratei furnished on application. is:" OF BRISTOL, CONN.

JIave' 'produced, two beautiful new patterns of flat ware In their fa-w ntous 1-we American Silver 6. The Nenuphar Is a French gray pattern and the Lawrence is jk1- lishedVTeyJaim that-their goods have at least 50 per cent, more silver than any-other of the standard makes and. at the same time no higher pilced.We quote aJtew things: "7" Teaspoons, per l.RO Dessert spoons and forks, per set -Tablespoons -and-forkSj-per set Sugarspoansa4id butter each 75c each. Cold meat forks, each rrff: t. Salad.

forks, per set. Tomato servers, each. Coffee gilt bowls, per set if iSjSO 75c Gravy ladles, each Sf -Bouillotv-spoonsr- -Baby spoofiSr bent handles each SOc Orange spoons, gilt bowls, per set from 11.25rrwp to Many other things equally cheap. J1ICBIHIREIELILC04 BUTTE CURRENT NOTES. Moyer buggies at Grady's.

Curner's-old- eurer So-Tehts; Itent pianos from Orton Bros. Miss Harte, studio, 730 W. Broadway. Five-A horse blankets. Olson Christian M.

L. Hewett of Basin is in the Dr. Hammond," Clark phone 645. Butte Cab Transfer Co. 'Phone 44.

Sam D. Goza is over from' the capital. Miss Fletcher, vocal studio. 215 N. Idaho; W.

R. Gove was in Helena yesterday. H. C. Pazenkipf is-in Helena on business.

7 W. left yesterday for Chi- cagor J. C-Conkey-o HaniHton is visiting Butte. A. S.

oearasiey came uj num uiuyjii Miss Delia Henry is visiting friends F. W. Kluppel of Billings is at the TVinnninn P. Gould of Twin Bridges is visit- ing Butte. WT ise loft yesterday for San il i aiiciecu.

Augmented orchestra, Renshaw, 'Saturday night. H. Crowleyand wife of Logan are. "VTsltrrig Butfe. W.

C. Orton left yesterday for Salt Lake on business. C. L. Dahler and wife came over from Silver Star last night.

Cyrus J. Morgan came over from Philipsburg yesterday. O. E. Kenyon of Spokane, formerly of Butte, is in the city.

Charles W. Hoffmann and wife of Bozeman are at the Finlen. Its name is familiar throughout the country Las Palmas cigar. For t. first-class meal go to Barney's place, The Reception, telephone 471.

Viavi Office 200 Clark block. Mrs. 3ranville Stuart, manager, 3 to 5 p. m. Dr.

Peter Mussigbrod came over from Garnet yesterday. He is at the Thornton. A. C. MacCallum and family came over from Anaconda yesterday and left for the coast.

Elmer J. Carter and Peter Sterling were among the arrivals from Missoula yesterday. Butte orsale JjyX State Savings bank," put in cir-. culation already. 'The Pictorial Review, a magazine for women, with all the spring fashions, at the P.

O. news stand. The increase in trade at Sullivan's Southern hotel cafe, at one-third less, for best service, tells the tale. Mrs) W. H.

Force left last night for Los Angeles, where she intends to remain until the Montana snow season over. Mrs. T. B. Moore and her mother left last night for Galveston, where they will visit relatives a few weeks.

Harry Turner has returned from Cripple Creek, where he has been visiting Messrs. Lloyd and Victor Sampsel of the White House cafe. The 'Grace Methodist Episcopal church of South Butte has received copies of the new Methodist hymnal or the use of the congregation. Everybody can make money by buying Buffalo-Manhattan Gold Mining company shares at 15 cents a share. See display advertisement.

Joseph Pearson, a prisoner in the 'county jail, has begun habeas corpus proceedings and Judge Donlan set the matter for hearing on Saturday. W. Palmer yesterday brought suit0 in the district court against Louisa Brokenshire for $800. an attorney's fee of $150, and to foreclose a lien on some city property. Marriage licenses -were -issued yesterday to Daniel Lamey of Butte and Martha -JE.

York of Bernice, Herman Wiseman of Missoula and Sophia'Binhl of Long Prairie, Ray Bedell and Mabel Brout of Butte. 1 C. M. Russell of Great Falls, the cowboy artist, accompanied by his wife, left yesterday for the City of Mexico, after a visit of several days in Butte. They will return by way of Angeles and San Francisco.

S. N. Nicholson has been appointed deputy collector of internal revenue for i the first division of Montana, Helena. vice Fred W. Agatz.v The appointment was maue Dy Cj.

n. auiaicr, miic lui- lector, who came up from Salt Lake a Trade UK. FREl Ml OBJECTS TO BEI.VU CtT OCT OK HOSPITAL. ACCOUNTING AND RECEIVER Value hia share of proceeds of -the-' Murray-- Frennd- linxlnea Trent One ide-flniuhe-testimony. Judge McClernan spent- yesterday- afternoon listening to testimony in sup port of the petition of Dr.

I. D. Freund for the appointment of a receiver for the Murray Freund hospital and to "compel T. -to render an accounting of the partnership- business. Only one side of the was fjnjshed: ttitT other "sTdifwUl be heard UiiH morn ing.

Robert McBride is handling the side of the petitioner and William Scal-lon is looking after- the interests of Drr Murray, 1 1) r. Frennd TeMtlflrm, After the- petition was read Dr. Freund gave testimony. He said, among -other-things. -that he had -come- Charles H.

Palmer. then manager of the property of the Butte Boston Mining -mpanyl-JThe--hospitat was. known as the Murray Gillespie. He said the doctors were then handling the sick of. the Butte company.

but Captain Palmer wanted witness to have a hand in it. Dr. Freund. said that Mr. Palmer had introduced him to Div-M urra in- Dec-em berof 1893 a nd the-meetrng has resulted trr tite sale of- the Gillespie interest in the hospital, he paying Dr.

Gillespie $5,000 for- it From that time up to a short time ago he was a-partner the hospital prac-. tice, he said, but Murray hrfd given him written notice to sever his connec- -fTon with the institution March 1, 190G. The action was begun several days ago, at which time Dr. Freund secured from the court an order temporarily restraining Dr. Murray from enforcing his'-erder pending a hearing of the mat- 4er- in court.

The-r- testimony taken- showert that when Dr. Gillespie sola hl interest it was. with the understanding that he would not engage in the practice of his profession in Butte for at least 10 years. He signed a contract to this effect, and Dr, Freund testified that Dr Gillespie was consi(Vred a dangerous competitor In the professional field, and It would be better to have him go elsewhere and.do his practicing. So.

Dr. Gillespie went to Portland, where he has since remained. He is in Butte now, however, having come here to testify in the case. Products Contract. Dr.

Freund produced the contract between Dr. Gillespie ad himself, and also letters served upon him by" Dr. Miirfuy. short lime He did not claim any interest in 'the building or the furnishings; he said the company business was three times as large at the hospital as it was when he becftmfe nd he" had done his share" toward building it He said thatrecently Dr. Murray had.

attempted to change the name of the institution from Mur- ray Freund to' the Murray hospital; f'-rhat'-tie had -never had an accounting with Dr. Murray, and he' valued his Interest at $20,000. FOR THE GOOD" WORK DONE IN THE SCHOOLS OF BUTTE Superintendent Young of the public schools has received from St. Louis the gold medal awarded the Butte district for elementary school work by the Louisiana Purchase exposition. There is also to come a silver medal for high school work.

Similar medals are to come to the Butte district from the Lewis and Clark exposltiop at Portland. The diplomas have arrived from both places; theyare handsome affairs, and will be framed and hung up in the high school quarters of the board. The medal which, 'came yesterday weighs about three and a half pounds. It is alloy, containing a good percentage of gold. On the obverse of the medal are two figures, one of Columbia, tall and'-stately, about to envelop the vouthful maiden by her side, typifying the Louisiana territory, in the stars and stripes, taking her into the sisterhood of the states.

The smaller figure i depicted in the act of divesting herself oi the cloak of France, symbolized 4n-the-mblem- of Napoleonthe-busy bee embroidered thereon. The rising sun, the dawn of a -new era of progress for the country, is shown In the background. On the reverse of the medal Is an artistic tablet bearing an inscription giving the grade of the medal. Below the tablet are two' dolphins symbolizing the eastern and western- boundaries, the whole surmounted by aii American eagle spreading his wings from ocean' to ocean. The medal contains three distinct corners, each having a wreath encircling a monogram or emblem, and each surrounded by 14 stars representing the Louisiana purchase states and territories.

A YOUNG PEOPLE'S CLUB ORGANIZED LAST NIGHT In the parlors of the First Presby-' terian church last evening a pleasant event took place. Some few days ago about 40 of the young men of town received invitations to attend a banquet to be given in the church parlors. Each man was privileged to invite a friend, and all of those who received invitations were present and very few neglected to bring another young man with them. Rev. E.

J. Groeneveld was toast-master of the occasion and an elaborate spread was served. Among those who responded to toasts witn neat aa-dresses were Professor Scriber, D. C. Mclntyre, E.

Shields and Dr. F. H. After the banquet a young men's club was organized, having for its purpose the betterment of the condition of the youngr men of Butte. Nearly every one -present signed the charter roll and it is the ambition of the founders of the society to have one of the strongest orgarilzat'ms tn Butte in the near future, working for the good of the.

city. Mr, Mclntyre was ehosen as temporary chairman and M. Villars was elected temporary secretary. A committee, composed of Pro fessor Harte and Mr. Powers, together with the chairman and secretary of the meeting.

constitution and by-laws and report at the next meeting, wjilch will be held in Ibjeuchurch. parlor. ter a Eew Pass ages, Fines Imputation yResentment and JudgeMichrael; Donlan ane.drAttor.. ney Peter Breen "$500 yesterday for 1UI jursLaneL.anaproposing JQjroyfi.jyi Illegally and unlawfully drawn. At the same time the judge gave Warning that the next attorney Who proposes anything like that will gatxrjan.

As. the" pamc in all important cases pending in Judge Donlan's court the prospects for some interesting sessions are extremely The scene in court one of the most sensational ever wit nessed in Butte. The matter came up at the trial of a man named Smith, charged with assault, in the first de gree. Mr. Breen announced that in order to preserve the rights of his client he would present a challenge to the jury array.

The challenge was a long one and Mr, Breen read it. Among other things it alleged that the jury panel was selected almost exclusively from the class of citizens known as business men, and that laborers and -arusans as" well as -certain, nationalities, were arbitrarily excused by the court and without reason, and to the prejudice of the defendant. It llegedtba the court "pypr If you've Been Patronizing A tailor Try One Of Our Suits. Results Better, Cost Less. If you've Been Buying The Ordinary Ready-made Try One Of Our Suits.

Get Better Results For Same Money. Style Shop TONKIN'S 'S Style Sho? IT i a am i ui, i he by Of it Him five Hundred Doll ars Retortr A- -r Maid Bam cised it, personal, wishes to-; who should serve on the. jury, regardless of who were summoneq to serve; mat. xne final list retained was selected from a rjtten iistrfboutOO mes pr defendant.vhlch. list was the personal choice of such person.

Effort to Prove. Assistant County Attorney Lamb entered arf ormardental of -thffnllpgr-tiona and then Mr, Breen made a written offer to prove the allegations. He started to read his offer, and when came to the 'names of the witnesses whom he desired to prove the matters alleged he- read "The Honorable -LMichael Donlan "What's that? -What's that?" exclaimed, the court, in sudden anger. "We offer to prove by the testimony Rreen started -to. say "Stop that, stop right there," commanded the court.

"There is a danger line and you have just about reached "Jf your honor pleases "Do you propose -to --wcairitn WiL court on the witness stand?" interrupted Judge Donlan, with growing vehemence. "Yes," replied tiorney. Court's Remark Resented. Ycni will do nothing ofjlhej kind. Tftni eh'lnd are putting you -4ip-4o-this were--hefe- they -would hear from me -in no uncertain terms." resent the imputation-.

that any. -one is behind me lir tried, to explain that his challenge and his intention to call the court as a witness were not intended as a reflection on the court. "Does your honor mean to say "that we" 'Have" not the "right to sub-pena your honor as a witness?" "I most certainly do." "Does you honor mean to say that we can not call the "clerk of this court as a witness?" "I do," with decided emphasis. "Nor the county attorney?" "I do." The attorney tried to talk, but was interrupted and told to proceed with the trial. "It is apparent to me that is not justice but injustice that some people want," said the judge, "but I propose to see that the people and their jightsare protected solong as I am on this bench." Working for Client.

"That -is -not our case," said Breen. "What we want is justice." "Then, are you afraid of this panel of jurors, composed of the best cif-zens of Butte? Are you afraid these men will not aeai out to you exact justice?" "Your honor asks me a plain question and I will give a plain answer." said the attorney. "I am not afraid iJLthesejuxorSjandLJ-JtnowhaLthe are honest men and willdo jsHce. but that is not the question here Th-; law provides that certain things must be done in the impaneling of a jury and it is my duty as a lawyer and my duty to my client to see that his rights are protected to the best of my ability." "Some lawyers have peculiar idaas as to their duties, and I want give warning here that the next practicing attorney who comes in here with a proposition to examine this court win h.ear from me. He'll go to jail Breen stated that was a common practice to call on a judge to testify.

An to Precedent. "It is not: it is an extraordinary practice, and has been done in only ex traordinary circumstances. There is but one case of the kind you can and that was where an unusual state of facts existed seem to justify 't. But I've heard enough of this and I want to give a warning to all young lawyers, and all you fresh gentlemen, that you will get justice from now on." Mr. Breen took an exception to the remarks of the court on the prroumi that they tended to prejudice the ca33 of his client.

The attorneys then pro ceeded to impanel a jury for the trial of the case, but had not proceeded far when Judge of his own mo tion. ordered all matters and- priced insrs relating to the- challenge stricken from the records, to which Breen took another exception After the jury had been impaneled Judge Donlan adjudged Mr. Breen in er.rttempt of ourt end assessed the fine of appended sentence until of the trial Adjudged in Contempt. have been thinking this matter over, said he, ana have come to conclusion, Mr. Breen, that your aci was purely contemptuous, and that the proceeding was a lopted fo xhe mispress purpose of reflecting on the integrity of this court, and bringing this court into contempt; that it was done for the.

purpose of making it appear to the public that this court is more think of it the more I nxn impressed with that belief. The coutt ap w-. adiudgeou guilty at fctinivn SJft Cottage Ingrains Ten wide, reversible, if you like bedroom patterns. 50c Values 35c Linoleum ial, heavy cork, bright enamel finish, 85c Values 69c Your credit is good. Pay "as you please.

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William Tell's son said to his father (the apple on his head): "Shoot straight and true; thine aim is sure; thou can not miss to-day." Blood is blood is the life. We sell the Life of Blood Tonic Not a patent medicine. No alcohol. Take medicine that belongs to your nature. The Fair Drug and Assay Supply Co.

Instructions in Boxing.Wrestling and Physical Culture At MacDonald's Gymnasium Corner Arizona and Granite Sis. OLD J. H. CUTTER WHISKEY IS ROYALLY GOOD The kind to have In the sideboard or medicine cheat at home. Montana Liquor Co.

Butte, Mont. Distributers A simple remedy Neglect of a cold may result in a chronic throat-trouble. ioimii tarn. 0.5" I Alt I I I ALL I Mail us your orders. We pay the freight.

ANOTHER HOLDUP MAN GETS WHAT HE NEEDS WILLIAM ARLISGTOVIS" CD EVICTED BY A JIR V. TO BE SENTENCED FRIDAY Defendant la chHged with assault In the second degree and Is convicted on that charge His partner is not apprehended. William Arlington, another young holdup man, was yesterday convictea by a jury In Judge Bourquin's depart ment of the district court. The charge against him, however, was assault the second degree; and it was on that he was convicted. The evidence showed that on pec.

19, 1905, John Fritz, the prosecuting witness, was walking along East Mercury street, near the fire station, between 11 and 12 o'clock, when a man approached him from behind and clapped his hands over Fritz' eyes; at the same time Fritz was hit over the head with some blunt instrument and knocked to the ground. He began to yell murder and one of the robbers told the other to close Fritz' mouth. The cries of Fritz brought a man and woman out of a house near by and then one of the robbers ran away. The woman, Mrs. Remark, caught the other man by the collar and pulled him from Fritz and then he, too, ran away.

Just as Officer John Walsh came from the direction of Arizona street. The two robbers ran east and Jeff Donohue. a fireman, tried to stop the first man, but the officer was shooting and Donohue got out of the way and the robber escaped, going through the Little Terrace. Officer Walsh chased the other robber up Arizona street and caught him. That man was Arlington.

An Ingenious Defense. Arlington's defense was that he was on his way to the Casino theater to meet a friend. He had been down at the M. O. P.

smelter looking for employment. As he approached Arizona he saw two men assaulting another and he interfered, and one of the men struck him In the face and he (Arlington) then ran away. He said it was he that called for the police, but he also testified that he was afraid of being arrested and getting mixed up in the ease, so for that reason he started to run. VA11 the other witnesses, however, declared that there were but two men on the scene of the holdup besides Fritz. The jury was out aboit half an hour and a verdict of' guilty.

The judge will pass senteb.ee Friday morning. B. K. Wheeler was attorney for Arlington and I. G.

Denny and C. T. White prosecuted. THEY PROTEST. Washington.

March 6. A large dele Ration of the National German-Amer lean alliance appeared before the house committee ou 4ud leiavy oppose-the Hepburn-Dolliver bill for the preven tion of shipments of liquor, into pro- -bibltioit producing thealready large list ox. producers Jr) 1 TO THEIR CORNERS. Washington, March- 6. Commander Sutherland Kas'-c-abled' partment from Monte Christ! that both sides to the revolutionary movement at that placf have consented to a suspen- sion-of -hostilities: He-reported of San Domingo outside of that town as quiet.

CURIOUS. CHANGE Canned by Food. "A few months ago," writes a New York state woman. 'I 'was the victim of a stomach so disordered that I could eat scarcely any sort, of food without surtering great distress, in time an eruption appeared, of a most painful nature, which covered my whole body, and which the doctors said was erysip elas. and prescribed for it accordingly, "Their medicines gave me no relief.

however, my condition growing worse day by day. At last it occurred to me that possibly the derangement of my stomach was the cause of the trouble. The doctors said that that organ was like a piece of raw "I made a complete change in my diet, and put myself on a straight of Grape-Nuts food. In a two I began to improve, my digestion graduallyameJiack, all the -nervousness and headaches disappeared," and within 10 days the so-called erysipelas passed away and has never returned. Meantime my weight has Increased and I can digest food that formerly I could not.

"I can honestly say that Grape-Nuts food constitutes the best diet I ever used." Name given by Postum company. Battle Creek, Mich. There's a Read the little book. "The Road to in packages. ENJOY YOURSELF! If you it's your own fault it's a beautiful.

world and the sun shines for all get on the sunny side of the street! Of course, If yoir are constipated and bilious, jf ypur head aches and there is a bad taste in your mouth, it's rather difficult. The thing to do is to take CALIFORNIA PRUNE WAFERS and get rid of your constipation. There is nothing like this gentle tonic fruit laxative to get you on sunny side of life again! Every household should have its family package of CALIFORNIA PRUNE WAFERS, and at the first signs of approaching illness, or when under the weather, take a couple of wafers, and the doctor's bills will soon be much smaller than they are now. You can eat what you please if you follow each meal with a CALIFORNIA PRUNE WAFER, which quickly -dissolves the most indigestible food, and helps' to carry it through and out of the system in a gentle-and healthful manner, without the slightest pain, griping or nausea. 100 wafers 25 cents.

Christie Leys Butte. Mont. The Smith Drug Anaconda, TEA Think of the cheer in a HrgoTof yjp.