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ROASTED TO A FINISH Judge Hunt Fairly Flayed Wife-Beater Daval. THEN SENT HIM TO THE PEN Interesting News About the District Court of Lewis and Clarke County-Important Cases Decided. Special Dispatch to the Standard. HELENA, July 16.- the district court this morning John C. Duval, who was convicted of assault with intent to do bodily injury to his wife, was brought be fore the court for sentence. When asked if he had any reason to give why sentence should not be pronounced, Duval said he was not guilty and would submit himself to the will of the court. Judge Hunt told him that for the crime of wife beating he was informed the state of Delaware provided whipping at whipping post. "I would not," continued the judge. precate such a penalty for that offense in Montana, and I should be pleased to have its usefulness inaugurated with you as a fitting person to receive one hundred heavy lashes. After such a punishment you might be less hypocritical in your pretensione to piety and affection and less anxious to escape the responsibility of your own merciless brutality by resorting to the most cowardly of all the grades of perjury- husband attempting to shield himself from crime by wickedly, falsely and maliciously aspersing the virtue of his faithful wife and the mother of his little childron. "Your enti testimony, Duval. was so transparent, in its falsity and its manner of delivery so obvious that the longer you remained upon the witness stand the more contemptible you became in sight of all who were present. Your family must need pecuniary support, and to impose a the most severe penalty might entail hardship on them, and for this reason alone the court does not order you con. fined for two years and fine you $1,000 beside. You, yourself, cannot ask for mercy because any man who deliberately knocks his wife down and while she pleaded for him not continue to hurt her inhumanly kicked her upon her abdomen, must be destitute of all sense of manly spirit and courage, and is indeed a wretch whom it were base flattery to call a coward. Yet it may be possible that a long confinement in the dreary loneliness of prison cell will bring you to penitence and reform. so that when you are liberated you may by practice exemplify some of the virtues which up to now you have only feigned." The sentence, the judge said, would be fixed so that the defendant might be lib. orated by Jan. 1. 1896, provided he gets good time. The defendant was then sentenced to one year, seven months and fifteen days at hard labor in the penitentiary. In overruling a demurrer in a divorce case now pending. in which a husband is suing for a divorce alleging that his wife permitted another man to fondle her person in a Inscivious manner, Judge Hunt decided that if such facts were proved'on trial and the husband is without fault the facts would be sufficient to entitle him to a divorce if he had not condoned the of. fense. "If woman is so recreant to her marriage vows as to be wilfully guilty of such immoral conduct with a strange man," said the judge, "she cannot complain of the wish of her husband, if he be blameless, to be divorced." Judge Hunt also decided in the case of Newell vs. Mercer, receiver of the Livingston National bank, where it was held that bank holding a note for collection against one of its depositors, although the agent of the holder of the note, yet where the collection was made of funds in the usual business of the bank and before payment the bank susponds the moneys collected being by credits and charges on its books, there could be no preference by the receiver in favor of the creditor who sent the note against other creditors of the bank. This opinion follows the federal courts which have recently passed on the same question. The United States court will meet next Thursday. In the supreme court this morning the case of Seigmund Thamling, respondent, vs. J. H. Duffy. from Meagher county, the judgment of the trial court on the pleadinge is reversed and the cause remanded for trial. The cause of action was on a note of $5,000 executed by defendant to Hatch Bros. & Co., whom it is alleged endorsed it to Thamling. Duffy alleged fraud practiced on him by Hatch Bros. & Co. in the inception of the note. Joseph Engle of Butte and Miss Ida E. Keifer of Watertown, S. D., were married here to-day. The Penobscot mine, north of Helena, which made Nate Vestal rich and famous, has been sold to New York and Denver capitalists for $125,000, free of all expenses for negotiation. The first payment of $25,000 was paid to J. Henry Longmaid, the former owner of the property on Saturday, and the new proprietors will take possession at once. The mine has improved greatly since the Longmaids took hold of it, and one of the recent clean-ups showed an average of $1,000 per day. The Penobscot is a gold mine, and the ore is free milling. It is in the same belt with the Drum Lummon and Bald Butte. Articles of incorporation of the Ontario Mining & Smelting Co. were filed to-day by Frederick William Barret, Robert Cameron Sinclair and Herbert Percy of Toronto, Ontario, Canada. T he capital stock is $750,000 in shares of $5 each. Operations of the company are to be carried on principally in Silver Bew county and the principal office be in Butte. and of total Lewis The Clarke county is land. Aeres of on city jewelry, tures, and other property,
