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CALL HUNTOON SIT IN NOTED CASE BOZEMAN
THE RINGLING CUNNINGHAM BIERING SUIT COMES BE FORE LEWISTOWN JUDGE. $250,000 INVOLVED.
Judge J. C. Huntoon returned home yesterday from Bozeman where he was called to sit for Judge B. B. Law. He found on reaching Bozeman that instead of hearing some formal matter he had stepped right into famous lawsuit. involving perhaps a quarter of million dollars, this being the RinglingBiering action. The Bozeman Chronicle says of the matter: Sensational charges were brought yesterday by Dan Kelly of Butte, plaintiff's attorney in a suit involving about quarter million dollars, against Franklin D. Tanner, one of the defense attorneys. Judge John C. Huntoon of Lewistown. veteran jurist of Central Montana, heard the arguments and testimony which were on motion of the defense to file supplemental pleadings in their answer to the amended complaint. He is sitting in the case as the result of Judge B. B. Larv's disqualifying himself some time ago. The speech by Kelly was his opening statement in hearing on motion of the defendants in the Richard T. Ringling against M. S. Cunningham and Hans Biering suit. the motion being for permission to file supplementary pleadings featuring the "Helena agreement. Kelly said that the plaintiff intended to prove by witnesses called in this action that the robbery had been staged with the intention, by the defense, of providing an excuse he said, there was considerable doubt as to its existence. He ab- solved Defense Attorneys Choate and Peterson of Bozeman, but inti- MILLER PAYING mated that Tanner had framed the holdup. Among witnesses whom Kelly and M. S. Gunn of Helena, as the plain- TWO DIVIDENDS ner, Mrs. A. M. Sackett and Abc Catler were put on the stand. Others summoned to the hearing TO DEPOSITORS on subpoenaes by the plaintiff were M. S. Cundingham, one of the defendants. and Judge C. C. Stong of Billings, who was with Tanner MONEY GOING TO CREDITORS when be was robbed of the valued paper. Stong was not in the state OF THE OLD WINIFRED NA. at the time the subpoena was issued TIONAL AND MOORE NA and did not appear, statement by him of what he knew of the robTIONAL-LOCAL BANK bery was, however, entered in the testimony, with the consent counsel for both sides. Receiver J. R. Miller, wwho has At the noon recess, tension had four closed banks his care, is become 80 great between Tanner especially busy just now He 18 enand Kelly that the two engaged in gaged in paying 12.3 per cent a physical combat which ceased dividend to the depositors of the only when bystanders separated the old Winifred National and divitwo. dend of 8% per cent to the deposiTanner told. under examination tors of the old First National of by Kelly and Gunn, his version of Moore. the holdup in Billings, saying that These payments will make he had shown the valued document total of 22.3 per cent to the deposito Judge Stong in a Billings hotel tors of the Winifred bank and will lobby after Stong had met him wind up the affairs of that concern. there to take care of some other The payment to the depositors legal of the Moore institution will bring The two men then went for the total for that bank up to 53% walk, he said, and as they walked cent. were accosted by a masked man In addition to these duties, Mr with gun, who commanded them Miller is making checks for to put up their hands. About $20 a dividend of per cent to be paid was taken from the two and the the depositors of the old First Nastickup then snatched Tanner's tional Bank of Fergus County next brief case and told them to "keep month which will. alone, distribute on going." The brief case was Inter about $200,000, nearly all to Forgus found in as yard which joins the county people This will make a alley down which the robber Irad total of 49 per cent for this bank made his escape, but on examinaand it is certain that there will be tion by Tanner at police headanother very small dividend to quarters It was found that the follow. agreement was missing The receiver is given credit for Mrs. Sackett, at whose hotel in having handled the affairs of these Billings Cuaningham had stayed banks, as well as those of the old was called upon to testify to the First National of Denton, whereabouts of Cunningham on the fully. It has called for a lot of field night of the robbery. work, in addition to the labor in Abe Cutler. whom the plaintiff's the office here and the result all attorneys said they suspected of around speaks for isself. being the holdup man, and who is in the employ of Cunningham at OFF FOR TENNESSEE. the Rising Sun ranch, told of his Walter Madox. genial rancher of having gone to Billings and then the Heath section spent Saturday to Hardin, in an effort to take care in the city attending to business of Cunningham, whom he described matters. Mr. Maddox expects to as being "on a toot." He admitted leave Tuesday with a shipment of in his testimony that he had regiscattle for the eastern markets. Afttered at a Hardin hotel under an er making the delivery he will go assumed name but had done that, on to his old home in Granville, he said, to prevent Cunningham Tenn.. and spend several weeks from finding him. after he became visiting with his father, who is now disgusted at the latter's inability to over 84 years of age. keep sober. He was in Billings, he said. on the night of the robbery. but was in his room at the hotel, he said, and had company for about an hour. Cunningham. he said, had come on home to Bozeman, riding the train to Livingston and hiring a car to bring him here. At the conclusion of testimony, the plaintiff's attorneys argued the lack of bearing on the case which the document should have if introduced. Judge Huntoon allowed the plaintiff's attorneys 20 days in which to file a brief and the defense 10 days in which to answer, after which he will, he said, take the motion under visement.
