The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-06
COULDN'T GET ALONG
The Quinn Brothers Will Settle Their
Troubles in Court.
BOTH SIDES OF THE STORY
They Have Handled and Made
Much Money. But There Seems
to Have Been one Long Run
CT Disagreements.
BOTH SIDES OF THE STORY

brothers. Charles and Bernard, which
was brought into court two years ago
on an action instituted by the former
against Bernard for an accounting and
a dissolution Of partnership, is now in
a fair way to reach settlement
through the court. The referee, John
Lindsay. so whom the case had been
referred in June, 1895, for the purpose
of taking testimony and report his
findings Of fact and conclusions Of law
filed his report in court yesterday. II
covers several hundred typewritten
pages and contains the testimony Of
Charles Quinn. J. II. Sayille, w. r.
Davies, J. p. Reins. Charles Langlois,J
Fred Loeber, George &. Leford, Alex
J. Johnston and Charles l.. Williams
as witnesses for the plaintiff, and Ber-
nard Quinn, Frank Ramsdell and
James 7. Goodwin for the defense.
The suit between the two brothers
IS Of considerable interest from the
fact that they are among the first set
tiers in Montana and a great deal Of
property in different parts of the state
is involved. They left the state of Ne
braska by bull tears and landed In
Alder gulch in 1864 and have been
partners ever since. Charles was the
only member of the firm who could
read and write, but Bernard possessed
u great quantity Of native wit and
horse sense. so he was allowed to man
age the business and now he is accused
OF having managed Il to well for his
own interest and the brothers no lon
ger speak as they pass by. Charles
Quinn Is a very familiar figure on the
streets of Butte.
Referee Lindsay I'm his report, finds.
as facts, that on or ahOu, Sept. 10, 1864,
at Alder gulch. in Madison county,
the brothers entered into partnership
for the purpose Of dealing ana trading
in various properties. real and person
al. and thereafter they acquired a lot
of real and personal property. The
original contribution of the plaintiff
and defendant to the funds and prop
erty of the copartnership was dissipat-
ed and had been lost in enterprises and
ventures and did not exist at the time
Of the acquisition of real estate, cat
tie, and other property The profits
from the increase i'm cattle were in
vested in real estate in Butte and
Madison county and a band of cattle
in Fergus county. The referee finds
shat on Sept o 1898 Charles Quinn
conveyed TO his brother some Butte
property belonging to the partnership
for q. nominal consideration OF $4,000.
although no money was ever paid ANA
that Bernard Quinn holds the property
in trust for the partnership. Bernard
Quinn sold five lots to one Patrick
O'Donnen but the referee finds that
O'Donnell had notice Of the tendency
of the present suit ana that he took
nothing as against Charles quinn. The
latter is indebted 70 the firm for s.. 0G0
80. but Bernard owes the firm nothing.
The referee further finds that the
brothers can no longer carry on the
partnership business advantagcously
and that the only way the properly
can be divided is by sale and division
of the proceeds The referee also re-
ported conclusions Of law In conform
itY with the findings of fact
At the examination before Referee
Lindsay. Charles quinn testified that
he came across the plains with his
brother from Nebraska To Virginia
CITY in 1864. that they purchased some
placer mining ground with the proceeds
OF 20 head Of cattle and q lot Of -four
out of which they realized over s. 600.
Edward Caldwell. John Capllcr and
Edward Murau were Interested I'm the
placer mining ground with them. but
the mining business was a failure In
1S6S they purchased threo span OF
mules and went TO salt Lake. where
they traded them of for cattle They
had about S2o0D In money which Her-
nard kept in his posses sion, and they
lived in a wagon all winter The next
spring they purchased over 100 head
of cattle and returned 10 Montana and
settled In the neighburhood of White
han and resided with Michael Quinn.
another brother. and later squattel on
a ranch on tho east side OF the Jcifer-
son river and remained there tiI 1883.
and from time 10 time acquired i'm all
1000 acres Of land ana raised lot of
cattle, one year disposiug OF 81 600
worth 10 man named pllworth. and
sold the ranch TO Joe Saville for $40
600. They spent part OF the money I'm
taking trip 70 San Francisco and an
other % Pennsylvania. Bernard was
the purse bearer on these occasions
They bought "a lot OF Butte property
and the rents We're collected principal
~ by Charles.
Il put the money In the bureau
drawer and somebody took IL away and
! didn't get IL again" ne said but he
was satisfied Bernard got g. Tlera
was no lock on the bureau drawer.
If | was S. short in the rem, Barney
would get 10 charging around about IL
and | would tell him where II went"
They bought lot more property and
built houses and q livery stable Both
brothers are bachelors and they lived
together until Jan. Il. 1894. when they
separated. on Sept .. 1898. Charles
signed the $4,000 deed for wlich ne got
no money. lie said he did %. because
Barney was cussiuE and growing con-
tinually and asked him a few times ~
he was not going - live long
Il thought l might as well give II 90
him as ] had not long 10 live and let
* go 20 h"
When they came 10 Montana they
had $4,000 worth Of -four but they did
not realize that much our OF DO. because
II was not properly handled. They also
had 80 head nf cattle which were worth
81 o@0. Speaking OF the placer mining
proposition. Charley" said De tnar-
81 400 IN dust OUT of Tho ground. ru.
when he quit hn had hgt $1,000 When
asked n they dlI not rss'iz. rrry 81 600
out Of the property brought o. Mon
tana and that Barney owned 81 loo ~
IL and be only $500. h- said ie dflu't
know. bu- ne guessed 'I3arU,y had Z
in his mind He said they owned
their property Jointly and THAI they
had no agreement except % pa, tha.-
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