davidaulloa/AmericanStories huggingface dataset:
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11
TRIAL OF THE SUIT
One of the Most Complicated Mining
Cases on Record.
DELICATE POINTS INVOLVED
The Jury Selected and Charged
Not TO Separate Pending the
Trlal-The Butte g. Boston
Against the Lexington.

The trial of the big mining suit OF
the Butte & Boston company against
the Lexington company was COM
menced In Judge McHatton's court yes
terday. The case, it was stated, Is one
of the most complicated ever tried in
the courts of Montana and involves
questions upon which the courts Of
the state have not heretofore passed.
The morning session OF court was taken
up in drawing a jury, the following be-
ing selected TO try the case John Bar
rett, Joseph Massey, James killan. l..
W. Bellveal, Joseph DerOsier, Peter
Mateoci. William Bailey. John Gilbert.
c. NJ. Palmer. John Is. Sattes. William
Shields and Henry Olsen. The plaintiff
is represented by John +. Forbis and
George w. Stapleton. and the defense
by w. W. Dixon and john W. Cotter.
The trial will last probably two weeks.
The controversy is over the ore body in
a portion Of the Wapello lode claim. on
a part of which is situated the Lexing-
ton mill. The question of Apex is one
OF the matters involved but the qucs-
ton Of priority Of location has nothing
10 do with IL, as both companies own
under a deed from \. J. Davis. the or
iginal owner and patentee Of the Wa
pello. The following diagram will give
an idea of the original claim owned by
Judge Davis:
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11
TRIALS AND CAUSES
Herbert R. Brown Commences Suit
Against Julia.
NETTIE CAMERON'S DEBT
The Two Little Fisher Girls Heard
From AgaIn-A Tardy Stenog-
rapher Fined for Delaying
Court Proceedings.
NETTIE CAMERON'S
DEBT

Herbert r. Brown yesterday com
menced n suit Tor divorce against Julia
j.. Brown, and in his complaint alleges
that they were married at Otto, ". Y
on June 2s, 1873, and lived together un-
til July Is. 1892, when She deserted him
and has since lived separate and apart
from him.
John II. Leyson brought an action
against Nettie Cameron for $2,4O5. 10.
claimed to be due for rent, merchan-
disc and on an assigned account from
the NJ. J. Connell company. The de-
| PENDANT secured a lease on the Leyson
| lodging rooms on Jan. /. 1895. at $50
a month and there was a balance of
| 81 ,253 due on the first of the present
| month. The plaintiff also paid out for
| her s29345 for electric lights and gas
| ana she owed a store bill of SIS at
| Leyson's and sS43.65 NJ ConnelTs. An
| attachment was issued and the sheriff
| levied on the defendants furniture.
Brown d Young are defendants in
the case Of W. +. Carroll against
Bartlett Bros. and others. The suit
was brought To determine who had the
best claim on some money attached in
the hands of Bartlett Bros, which is
owed TO S. a. Mccall against whom
Mr.. Carroll had a judgment. Brown
Il Young In their answer claimed that
the money belonged to them and was
due before Mr.. Carroll attached it.
The two little Fisher girls were
brought 70 the court house aEain yes
terday by a friend to whom the young
est stated that she ran away from
home because her mother wanted her
TO carry beer. Her Stepfather was
seen afterwards and denied the girls
story. He said he was sorry to say it,
but the girl was ithe biggest falsifier in
IsIIffp and apt1-fprr hp-
end of trouble and that he, too, was
getting very much discouraged with
both girls. The youngest ran away
from home a week ago to-day and
Yesterday he caught her and brought
her back home. He said the girls had
a good home and he was willing to pro-
vide for them well. but that they were
almost beyond his control. While at
the court house the two girls fought
each other like little tigers. They
were returned TO their homes.
The trial OF the Butte q Boston and .
Lexington mining case was delayed
yesterday afternoon about half an hour .
owing to the absence Of Court STEM /
ographer MacDougall, and Judge Speer
sent the baiiff after him.
What is the cause of this delay. NIr.
Stenographer?" asked the court. when |
the gentleman arrived somewhat out
of breath
II was chatting with some friends.
your honor. and my clock was slow"
was the reply.
1T will cost you Just So" said the
JUDGE, and then turning TO the clerk
added: Mr. Clerk. enter up a fine of |
$40 against the stenoguapher for keep
Ing the court waiting"
MI. MacDOugall walked up to the !
clerks desk and paid hts fine like a
man and then the trial proceeded.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11

The Prahman Dry Goods company
expect to open up their establishment
on Main street next door to Hight &
Fairfield. early i'm March They are
now in Now York buying an entirely
now and strictly first class stock of dry
goods and gentlcmen's furnishings. The
assortment in all departments will be
very extensive and complete. This.
coupled with the freshness of the FIRST
purchase. Will doubtless be an attrac-
ton for the ladies of Butte.
Mr.. Prahman states that business is
70 he conducted on a strictly cash basis.
thereby giving the purchasers a bene-
nj which, upon due deliberation thew
VIII readily appreciate; the accumula
tlon or bad accounts even in the most
conservative credit system and the con-
Sequeht losses which merchants are
subject to say nothing Of the exDerse
OF looking after them, must be account
ed Tor somewhere. Undoubtedly tho
day of opening win be duly announced
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11
Butte Department.

| and testified that he had been in the
employ of the Lexington from 1882 TO
1893 as foreman Of the mine and that
he had worked south OF the southern
boundary line OF the Lexington ground.
Mr.. Dixon objected to the testimony
because the complaint only charged
that the ore was taken out i'm 1894 and
the witness said me had not been with
the company after 1898. Mr. Dixon
said that IL the plaintiffs were per-
mltted TO go back beyond 1894 the de-
PENDANTS might desire to plead the stat
ute of limitations. Mr.. Forbis contend
ed that the question Of time was i'm
material and the court said that by the
rule Of evidence testimony could go
back as far as the statute of limita-
tons extended. Mr.. Dixon said that
would place the defense in a predica-
ment as they had answered only for
the year 1894
The statute Of limitations under the
old law runs for two years. but Il is
claimed that the supreme court has
decided that the statute does not APP
ply where a party does not have
knowledge of the trespass and runs
only after such knowledge has been
acquired. Mr.. Forbis then asked the
witness rs TO the time he worked In
the disputed ground and he said prior
To July, 1898. Mr.. Forbis said IL would
De necessary TO ask leave to amend his
complaint so as to include the years
ls92 and 1893 II was only within the
last 10 days he said that he discovered
when the ore was taken out
The court granted permission to
make the amendment and then the de-
tense also demanded time to amend
their pleadings and to make new esti-
mates of theamOunt Of ore taken out
" the disputed ground The court
granted IL and the further trial of the
-ase was continued until this morning.
The jury was not permitted to sepa-
ate and will he kept together until |
me conclusion of the trial
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11
In

L-Lexinrton property including sur
face and mineral
L-M-Lcxlngton mill site. including
surface only.
b q B-Butte Il Boston. surface and
mineral underneath: also mineral un-
der Lexington mill site.
The principal question To hc decided
10y the trial is the construction TO bo
placed on the grants from A. J. Davis.
The Butte & Boston sues FOR 100000
damages as the value of ore tho Lex
ington is alleged 10 have cxtractod on
dip Of the vein i'm tho portion of the
claim designated as "B n b." There
are several veins ia the ground and the
ore bodies are said TO be In a very
much mixed up condition. The vein or
veins run east and west through the
"B & b. and l." portions Of the claim
and one dips from the Lexington south
into the Butte d Boston az a point lust
west Of the west end line OF the Lex
ington mill site. The Lexington people
followed what they claim as the dip Of
their vein, the apex OF which they con
tend is in their ground. The Butte 4
Boston, on the other hand claim the
apex is in their ground. and that the
Lexington had no right to follow IL on
the dip. The ore body alleged 20 have
been extracted 10y the defendant is said
o. Doe about 500 feet wide and 200 feet
nigh. The defense not only admits the
taking the ores but claims the right TO
do so and denies that the Butte A Ros-
ION has any right or title to that por-
t'on OF the vein in dispute. The Lex
lhgton claims 70 have been the owner
or the apex Of the vein for more than
10 years and that IL had a right TO fol-
low the vein and take out the ore com
planned of, but alleges that the total
Naiue OF such ore was only S2.3f3 So in
stead Of 5000 The defense also sets
up counter claim for s. 900 as the
value Of ores the Butte a Boston IL al
legged TO have taken from the vein on
us up ana claimed by the Lexington
-Aholher counter claim is for s. 800
damages sustained by the Lexington hv
reason or huge quantities of rock and
waste dumped into the dcfap1opt,s
workings 10y the Butte < Boston while
AT work under "B * b" and under. rho
Lexington mill site in September. 1907
while the riaintin company was max
Ing explorations in connection with
the present suit
J.. ). Lund. mining engineer FOR IN,
Butte a. Boston. was the first witness
and testified as To surveys made az
the surface Of the WapalIa corr,s,,,,,l-
Ing with the description iu The patent
issued To \. j. Davis. Tho patent was
introduced in evidence. also the dea5s
from Davis TO the Lexington The
deeds indicated that the property decd
ed 20 the Lexington had als1 Included
rhe Wild Pat lode claim and the AIIie
Brown mill site. The Lexington mill
site was partly included in the Wau.H,
and partly In the AlyNaud.r lode claim
The deed from Davis o. the Eutt, 4
Boston was also introduced IN evidence.
q. 5. kellogg was the next witness
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11
MAGUlRE'S OPERA HOUSE


John Mcguire, Prop. and Manager
THREE NIGHTS COMMENCING MON
DAY, FEBRUARY TO- MAT
INEE WEDNESDAY.
Return of Butte's Favorite Coincidence
JOLLY NELLIE McHENRY,
And her Excellent Farce Comedy Com
pany. presenting the Enchanting. Effer-
vescent Lyrical Novelty for the first time
in Butte.
THE BICYCLE GIRL.
In all her Gorgeous Splendor. and every
thing New and Up to Date. with Bright
Music. Catchy Songs. Pretty Dances,
Beautiful Girls, Elaborate Costumes and
Effective Scenery. One Huge Laugh from
the Start to Finish.
POPULAR PRICES-50c and 81. Sale
of seats begins Saturday morning at 10
o'clock.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11
CoNLEY DISCHARGED.
Evidence Against aim Not Conclusive
9th r Police I curt Notes

sam Conley. who was charged bv ia
ODonnen with having stolen a hun
dred dollars worth of furniture from a
furnished house on Colorado street
which he had rented from him. was
discharged in police court yesterday on
motion Of Assistant County AttorDa,.
Madison. oDonnell was the only vii
ness Tor the state and his testimony
was not conclusive. y part of the fur
Cunley
sullivan and Edwards were tried for
hauling garbage during hours that are
prohibited for that kind OF work ,nd
decision was reserved until TODAY
Decision was reserved i'm tho casa
against Sam Irwin, who was tried Cor
fast driving '''
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11

a wholesale and retail business loca-
tion in a city of ten thousand popula-
ton for sale in one of the best towns In
Montana. An established trade in
fruit. confectionery, cigars and tohac-
co. Soda water fountain and electricity
furnished. Ice cream parlors offered al
a snap. The entire plant doing 4 busi-
ness OF from $4,000 10 $50, 900 annually.
offered at invoice. About $4,000 requir-
ed. For particulars address A. Il &
Co. Standard office. Anaconda, Mont.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11

At the time OF the formation OF the
Lexington company. y. j. Davis sold
20 the company a strip Of the Wapello
on the north and east, including the
surface and the mineral body under
meath, and subsequently sold 10 the
same company the surface ground of
the southeast corner for mill site. hut
the ore was not included Some time
later the Butte e Boston company was
organized and Mr. Davis sold to that
corporation all the remaining port ion
Of the Wapelo, including the mineral
under the Lexington mill site. The
condition Of the Wapcllo after these
three separate grants is represented by
the following diagram
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11
Ladies' 4 Appreciate.

A good remedy. and there is not any
thing on the market that EQUALS
French Tansy Tables for the relief and
cure OF painful or irregular menses.
Taese tablets remove all distractions
no matter what the cause. Manufac-
;ur5d by \. Augendre, Paris. France.
and for sale only by ID. NJ Newbro
Drug Co. Butte. Mont. sole agents.
Price. s. per box. sent by mall securely
scaled
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11
4 GOOD Thing: rnshn ,Innr-

The only lines running buffet. smok-
ing and library cars west OF Chicago
are the Union Pacific and Chicago &
Northw estern. only one change made
between Butte and Chicago. mad AT :
O'Clock a. IN. This makes the time OF
arrival IN Chicago 7-45 q. m, IN ;.mr FOR
all eastern and southern connections.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11

The Butte Skating Rink will give a
grand masque carnil al Feb. "a EIe-
giant valentines have been ordered to
give away on that occasion.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11

Given under the direction Of n
Thomas at Stuart, Montana. on FRIDAY
evening. Feb. II, 1896. Masquerade cos
at Stuart. Every ono invited
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11

liberty bell bazaar and entertain
mcnt will he given I'm the Auditorium
Friday evening, February DIST. bv tbe
Ladies' Aid society OF the NJ. T. church
South
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11
COUNTY CLERKS REPORT
IL Is submitted To the Commissioners
PrLl-l- MS to the IoarL

County Clerk Johnson yesterday com
pleted and submitted TO the commission
ers his monthly financial statement,
showing the receipts and disbursements
OF the county treasurer for the month Of
January as shown by the clerks books.
The statement is as follows:
Balance on hand Jan. /, 1896. 1924. S9I Pa
Received during the month
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11
s254O39 10
Sesin2a 10

i"tal ...... ........ ............ S2-4. 03q 10
Tn" commissioners yesterday re-
celNcd "A petition from some South
Butte citizens asking for the appoint-
ment of g. Il. Bull as constable for
that township The petition was or
p'r'n mel. hut no other action was
tai en- regarding ii.
The board devoted the greater part
OF the day 20 checking up the treas
urer's receipts for January.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11

Stop at Central Hotel Flrst-rIass ac-
commodations. Livery stable ln ,opner-
uon. stage TO Camp creek daily. A. l..
Pickett Prop.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11

Fresh home grown roses. -4rnatiOns.
hyacInths. lilies for home and shipping
trade. Finest designs. by Mrs Knox.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11

An artistic NEUTRALITY-SUSPICIOUS. and
Scenes of the World.
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11

For window glass call at Butte =.
Stained Glass Works. 1926 South MAJ
The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-11

Home Ready Nf,~oa
Paints at SchatzleIn's. Il W. B'dway
Evening star., 1896-01-27
robson IS DISGUSTED.
Ready to Quit Any Time If Cleveland
Does Not Support His Club.

Does Not Support His Club.
While Frank De Hass Robson of the
Cleveland club denies having made an offer
to purchase the ST. Louis clubs franchise,
1t is a well-known fact that the Cleveland
magrate is net at all satisfied with the pat
ronage bestowed on Pat Tebeau's great
aggregation, and that, If matters do not
improve during the coming season, the
Cleveland club will quite likely be found in
a more appreciative locality in 1897.
In speaking to a Star reporter on the ques-
ton of Sunday base ball, Mr.. Robson said:
1.-THE Cleveland club has been among the
leaders in the fight for the pennant the
past four years, yet the patronage at Cleve-
land has been gradually falling of. This
state of affairs Is said to be due to the Cleve-
land clubs policy of playing Sunday games.
ITO find out just how much there is in
this, the Cleveland club will not play a
single Sunday game next season and will
continue this policy as long as the clubs 8
receipts balance the expenses. Should 1
find, however, that this sacrifice Is not ap-
preciated by the Cleveland base ball public,
and that there Is nothing in the crusade
against Sunday b. ball, the club will re-
turn to it's old custom.
"If the Cleveland club can go through the
season without Sunday games and not lose
money, am willing to make the sacrifice;
but do not stand to lose a single dollar in
base ball, and rather than do so would stop
in the middle of the season and transfer the
club to some town where 1t will prove q
paying investment.
My offer Of $4,000 and two players for
Pitcher Hawley was perfectly bona fide. I
If possible, in 1896; so that. together with
the adjustment of Sunday games, the last
excuse for the poor patronage accorded the
Cleveland club at home must vanish"
Evening star., 1896-01-27
BASE BALL DISPUTES.
They Will BE Considered by League
Directors.

They Will BE Considered by League
Directors.
The national board of the National Base
Ball League, consisting of A. H. Soden, John
T. Brush. c. H. Byrne and N. E. Young,
Is meeting at New York today. The OBJ
ject of the meeting is to settle many dis
putes between league clubs and the minor
leagues. 1t is expected that the case or
John NJ Ward against the New York club
will come up, and President Freedman will
probably arrive from Florida in time to ap-
pear for himself. Ward claims that he can
not be held under reservation because no
contract was rendered to him between the
ending of the season Of 1894 and May ], 1888,
and consequently according to the rules gov
erniLg such matters he is free to sign with
any club.
President Freedman's claim is that when
he bought the club in February, 1895. he un-
Gerstood that Ward had positively refused
to sign contract rendered to him by E. B.
Talcott in the fall of 1894, and that he is
still the property of the New York club Mr..
freedman argues that the club paid $500
to the Brooklyn club for Wards release,
and that he cannot be legally released by
the board to sign where he pleases.
The New York club will also call attention
to another case, that of Outfielder Mulligan.
who was signed recently by Manager Irwin
but who Is claimed by the Grand Rapids
club.
According to reports, Carney, the Grand
Rapids manager, secured Mulligan several
weeks before he Carney signed as man.
ager Manager Irwin claims that Carney
had no right to negotiate with Mulligan
and that the latter belongs rightly to New
York.
1t is understood that the minor leagues
have various grievances that will be con-
sidered. In the past National League clubs
have been in the habit of drafting players
from the minor leagues, and have, in some
cases, tried and then released these players
without paying the stipulated bonus fol
their release.
That minor league people now want the
board to rule that when player Is drafted
the price of his release must be paid over
to the minor league club within thirty days
or some other specified time. If the board
declines to comply with such a request
there may be trouble for the big magnates.
Evening star., 1896-01-27

hockey teams between 1h1 polo teams Of
the Chevy Chase Club and the Fort Myer.
to play match games at the rink. No def
mite steps have been made.
The hockey team of thefColumbfa Ath-
letic Club will be picked out searly this
cation. @ While Frank Fran T Parsans Viii cal captain it.
The candidates are McGees ,Hendley. Hook
er, Wright, Con, Bliss. Won Lindgren,
Evans. Cronin, Bell, Mct$owan and Wisen-
er. The team secured the privilege OF using
the skating rink for practice every other
morning between and 9o'elock. The prac-
tice commenced Tuesday morning with
iuost of the candidates present. 1t will
comprise one of the clubs Of the league
now in process of formation. The team
will be fully uniformed wearing red and
blue jerseys. blue paptaloons and red
stockings.
Playing hockey on roller skates is also
coming up, and the children who delight in
this have fine playing grounds on the
smooth thoroughfares. Golf sticks have
been sold more freely the past few weeks
than ever before.
Evening star., 1896-01-27

mended that authority be given the state
committee to publish the proceedings of
the convention. That district work be de-
veloped was earnestly urged, and member
ship on the committee recommended as
follows: r. S. Crawford of Hagerstown,
J. A. Adams of Baltimore, ]. c. Lynch of
Wheeling, w. Va; F. E. Tasker of WASH
irgton, d. c.; w. c. Steward of Baltimore,
one vacancy being left to future considera-
ton.
By resolution the recommendation of the
state committee that 5000 be raised to
continue the state work was pledged
1t was ordered that the services of w.
b. Miller as acting state secretary be
continued for the coming year. Two hum
dred dollars were pledged by the associa-
ton for the support of the state work and
$500 by individual parties
The topic college Association" was dis
cussed at the night session by DIR. Bernard
c. Steiner of Baltimore, Mr.. W. n. Melvin
of Western Maryland College, and Inter-
national Secretary II. p. Anderson OF At
lanta, Ga.
Evening star., 1896-01-27
THE HOCKEY LEAGUE.
Preparing for a Number of interest
ing Games.

Preparing for q Number of interest
ing Games.
The organization of the local Hockey
League will be completed this week and
games will be played with regularity. The
lee que will consist of four teams, none Of
which, however, have been fally organized.
There are two teams in the field, and two
more are expected.
The North Washington team is anxious
to be admitted. The members will ne COM
posed Of people living in the section de-
scribed by the name. Practice at the rink
will soon be begun.
The High School boys have also formed a
team, are making attempts 10 organize
one Both of these teams have had practice
hours allotted to them.
A challenge has been received from the
team Of Johns Hopkins University to play
the winning team of the first game Of the
league series. The varsity people wanted
to play tonight, but that was impossible,
and the game has been postponed until
Saturday evening.
This week the teams Of the Columbia Ath-
letic Club and the Washington Hockey
Club will play the first game, and the win
ming team will try luck with the experts of
the university.
There is a movement on foot to organize
Evening star., 1896-01-27
REPORTS AND DISCUSSIONS.
Work of the Tri-State \. M. Z. A
Convention.


The Saturday afternoon session OF the tri-
state convention of the Young Mems CHRIS
tan Association at Hagerstown, Mo-, was
held in the Presbyterian Church, and was
opened with prayer by Rev. James s. Gir-
wood of Baltimore.
A Bible study, led by c. K Ooer OF chi
cago. followed, and the topic Dehmte
Spiritual Work of the Association was
discussed under three heads, namely, Meet
irgs for Men," by F. w. Lang Of Whining
ton, Del; "Bible Classes" by H. P. Lans-
dale of Baltimore; Personal Work. by
w. L. Radcliffe of Cumberland, Md.
Chairman H. P. Lansdale of the commit
tee to which the state report had been re-
ferred submitted an important report,
which was adopted, and which Endorsed
the suggestion that travelling expenses of
members of the state committee be paid
four times a year. The report also recon-