The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-03-31
BANNISTER'S METHODS
District Court Proceedings in Butte
Yesterday.
MR.. BARRET'S BIG SAL AIRY
His Services as Receiver Valued
at $500 a Month-Another
Misflt In n Homo
Circle.
MR.. BARRET'S BIG SALARY

BUTTE. March 30.-Judge Mediation
this afternoon decided the fight among
the stockholders of the Banister Mining
company in favor of the Boston people,
and in effect sustained tho charges of
fraud made against the Helena crowd.
According 10 the claims of the Boston
stockholders, Colonel Bannister went
East and told them il was necessary for
the company to purchase the Valley lode
claim, which adjoins the Tecumseh, in
order to avoid expensive litigation on ac-
count of the dip of the vein. BY misrep-
rcsentation on this point and as TO the
value of the Valley, and on the threat
that the company would buy it whether
they agreed to II or not, the Boston parties
consented. 1t was alleged that Banuister
purchased the Valley for something like
$4,000 and sold IL to tho Bannister COM
pany for $4,000 aud that he caused his
own stock to be voted in favor of the pur-
chase.
Mortgage bonds were issued on the COM
pany's property for the $4,000 and taken
by Bannster. The payments went b. de-
fault and the eastern stockholders
claimed that the Helena crowd had en-
tered into a conspiracy TO bring about a
foreclosure of the mortgage and secure
proceeds of the mine were misapplied
with that end in view. The mortgage
passed into the hands of the Bismarck
National bank and foreclosure suit
brought, and the Boston mon instituted
suit to prevent the sale and to cancel the
mortgage and bonds. on the ground that
they were issued through fraud, misrep.
resentation and conspiracy.
Judge McHatton's decision is in favor
OF the Eastern stockholders on every
point. He ordered the injunction of the
mortgage sale to be made perpetual, that
the bonds be cancelled and that the VAL
ley lode be = reconveyed to Ban
mister upon the repayment to them
of the 5000 in interest paid
on them. In deciding tho case Judge Nc
Hatton said Tat the action of the defend
ants, Bannister, Childs. Beattie and
others and Bannister in particular, was
not such that the court could give It's as
sent and encouragement TO. lie said that
there was considerable conflict of author
ity as to BannIster's right to make such a
sale TO his company, and his transaction
might be viewed differently by different
people, and that some might look upon 1t
as legitimate transaction, but the court
was not satisfied. lie presumed that
whatever his decision was the case would
ultimately have to be settled by the SUI
different line of authority, might reach a
different conclusion from what no did.
but having heard the facts he could find
no other conclusion than that announced.
Nettie j. Stradley, who left the home of
her husband. William ID. Stradley, a few
days ago and sold the furniture while no
was mt work, commenced a SUIT for di-
vorce against him to-day. In her COM
plant she alleges that they were married
Oct 70, 1893, and that they have one child,
n boy months OF age. She charges the
defendant with extreme cruelty and says
that on the 18th of December, 1898, he
called her a bawd and other vile names,
and said he would kill her and ordered
her to leave him. On another occasion he
returned home about o'clock in the
morning and falsely accused her of hav-
ing had another man in the house and at
numerous other times charged her with
infldelity. In May. 1894, he threatened TO
kill her If she did not leave him, and on
the 18th of last February he left the house
and remained away for "A consecu-
tive hours, telling her that she could
go TO perdition, when she asked where he
had been, and said IL was none of her
business whore he spent his time or
money. On March he struclSher in the
face and on the head and threatened TO
kick her out of the house. On the 2Ith
of the present month he ordered her to
leave the house. He had a loaded revolver
in his hand and followed her about the
house and told her TO ''gitn or il would be
the worse for her and she finally did go.
Mrs. Stradley says that since the birth of
their child the defendant has refused to
provide proper clothing for the child or
herself. She asks for a divorce and the
care and custody of the child. c. l..
Campbell is her attorney.
A Receivers Compensation.
A. II. Barrett, receiver of the District