The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-03
WAKE UP JIM LEASE
]. P. Hendricks Asks For an Account
ing and a Receiver.
NOT WORKED PROFlTABLY
Albert Avery Appointed by the
Court-Martino's Burglary Case
Andrew Ehrick Was a Spec
tator Yesterday.

j. p. Hendricks yesterday COM
menced a suit in the district court
against Edwin Bray. VIII Watson,
John Hancock, John Nance and Thorn
as Waters to enjoin them from work.
ing a lease on the Wake-Up-Jim for a
dissolution of partnership and account
ing and for the appointment OF a re-
ceiver. The complaint in the case al
leges that on Nov. 10. 1894, the plaintiff
and the defendants entered into a part
nership to continue for two years for
the purpose of working the Wake-Up-
Jim under a lease from the Anaconda
company. BY the terms of the agree
ment they were to share equally IN the
expenses and profits. Since about Dec.
IA 1895 the defendants have had ex-
elusive possession of the property,
books, accounts. etc, and prevented the
plaintiff from having access to them
and have entirely ignored and refused
TO give him any account of the bust
ness II is also alleged the defendants
have not employed a sufficient number
of men to operate the mine to advan-
tage and profit, and IL is further alleged
that on an accounting IL would be
shown that the defendants are indebt-
ed to the plaintiff.
Mr.. Hendricks says the lease Is a
very valuable one and would be profit
able If the mine were properly worked.
The defendants, unless restrained
from handling the property, VIII un-
lawfully dispose OF the profits, and the
plaintiff asks for the appointment OF a
receiver to take charge of the property
and work 1t during the remainder OF
the term of the lease; for a dissolution
of partnership and for an injunction to
restrain the defendants from further
operating the mine. Judge Mediation
appointed Albert Avery receiver and
the latter at once filed a bond in the
sum of s., 0O0 c. r.. Leonard is attor-
ney for Mr.. Hendricks.
A motion to retax costs was yester-
day filed in the partition suit of Charles
Quinn against Bernard Quinn. The
plaintiffs attorney was allowed a $500
fee to come out of the partnership
property and the defendant claims II
was an unlawful charge against the
partnership.
Charles MARITIME yesterday morning
/ pleaded not guilty to the charge OF at
tempted burglary. His bonds were
fixed at $1,000 and he was returned 10
Jail. Frank Baldwin, charged with as
sault in the first degree. also pleaded
not guilty. His attorney demanded a
| speedy trial or that the defendant
bonds be reduced. The matter was
| compromised by reducing the bond
| from 81 900 to $500.
Phillip Carr. charged with grand lar
ceny. pleaded not guilty and his bonds
were fixed at $500. He also wanted a
1 trial very soon, but the court could not
accommodate him.
In Judge McHatton's court the dam.
age -suit~of Mrs. Evans against the
| city of Butte had been set for trial yes
| terday but the settling of the case wa:
| by consent vacated.
Demurrers were filed 10 the com
| plants against the white and Chinese
fan tan players and were set for hear
ing next Saturday.
The cases of Lewis Schultz agains
the Harris & Mccormick company anC
the Billings Sand Stone company
against II. L. Frank were dismissed a
| settled.
Judge Speer yesterday issued a We
nire for a new jury panel and made 4
returnable next Monday.
Andrew Ehrick, the fellow who muir
dered old Mike Gilmore and got of
with one year in the penitentiary. wa
an interested spectator at the Sullivan
trial yesterday. With the good tim
| allowance Ehrick would not have beef
free until the 9th of this month. bu
| Governor Richards evidently though
he had been punished enough an
knocked another month off his sen
tence. He was discharged from tn
penitentiary last Wednesday