The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-22
CHARGES Of FRAUD MADE
! Sensational Suit Brought
Against James A. Murray.
LONG LIST OF PLAINTIFFS
There Are Thirty-0oven Of Them end
They Live in Germany II Conspir-
acy Charged in the Settlement
Of Estate OF John etrsichsr.

The somewhat sensational suit Of
Ludwig streicher and IS others against
James A. Murray in which charges Of
| conspiracies and frauds are made, came
up before Judge Clancy yesterday
| afternoon for q hearing on q demurrer
to the complaint. All the plaintiffs
| live In Germany and are heirs Of John
Streicher, who died. unmarried and in
testate, in Butte on July 4, 1882. At the
time of his death he owned a half in
terest in each Of the Marrow Gauge
and Humboldt lode claims. Q third In
the Elba, North Pole and Tiger and q
fourth in the Corona. The complaint
! of the German heirs alleges that on
Aug. is. 1854, the probate court MADE
q decree of distribution and the prop
erty was distributed to the heirs. In
the following October, after the distri-
Adolph Rosenthal. imperial German
consul at San Francisco. entered into
a conspiracy with the defendant Muir
ray. Silas F. King and Ga. KQrnpers
| of Butte, and through fraud and mis-
representation as to the value OF the
property a power of attorney was OBJ
! tanned by Rosenthal, who fraudulently
claimed the right to dispose of the
property OF the estate. At that time
there was on deposit in Clark's bank
| 81, yJ0 ana 1J,VVV III tuC dil0S VI So'S0
e. Irvine, as royalties on the mines,
which money was to the credit OF the
\ heirs, but they were kept in Ignorance
of it. and on Aug. 4. 1892. Rosenthal
executed a deed conveying to King, FOR
a consideration Of $1,000. all the prop
erty of the estate, including the $1,000
and 50, 1886 in cash. Since then, 1t rs
alleged, the defendant collected tine
lash from the parties named and mas
taken $3.50. 900 in ore out of the Eloa
y------ -A ~ mir N
heirs want in addition to the money al
legged to have been bought along with
the mines.
James w. Forbis. who appeared for
the plaintiffs. objected to hearing the
defendants demurrer by Judge Clancy
for the reason that a week ago Judge
Lindsay had heard an exacti similar
in practically the same case
in the other department. Mr.. Forbis
said he did not hin an attorney los
ing a case in one department should De
allowed to take the same case in the
other department.
These are not two courts" aid Mr..
Forbis. ''but two departments of one
court"
Charles O'Donnell. attorney for Muir
ray, cited a precedent or two to show
that two former judges of the court
had decided differently on the same
matter, and he thought ii was per-
fectly right that Judge Clancy should
4 again pass Oh a ldtlc hiCh uau UNNAi
decided by Judge Lindsay.
said he had nothing 40 say against
Judge Lindsay, yet he believed that the
latter decided the matter too soon. as
] he did not wait long enough to give
O'Donnell a chance to talk himself out
or to read all the authorities THAI he
wished to.
Il consider Judge Lindsay a good
Judge" said O'Donneli, I" but demand
the right to be heard. Besides there is
l.exa..4a hafurnan this
case and the one in the other depart
ment."
"Since you have made that state
ment, will you please show wherein
the two complaints differ asked
Mr.. Forbis.
II will, sir"
well, do So" =.
AT least I'll not take it back" said
O'Donnell.
"Tote fair. tote fair" interrupted
Judge Clancy.
Al the suggestion of Mr.. Forbis the
court held one complaint, while Mr..
O'Donnell read the other. 1t was found
that the only difference was in the
prayers, but the court decided to hear
O'Donnell's demurrer.
That's all l want" said the lawyer,
and he proceeded 10 argue. The sub
stance of his contention was that the
complaint was ambiguous, and that IT
did not offer to return the $1,000 paid
for the property or to reimburse King
from whom Murray bought the prop
erty.
In his reply Mr.. Forbis aid the de-
PENDANT had already more than PAID
himself back that amount when he
bought six patented mining claims ana
nearly IS, 900 in lash for s.. 900. The at
torney said Consul Rosenthal had full
knowledge of the facts and made a
trip to Germany for the purpose OF get
ting the power of attorney with wnich
he could rob n ignorant German
heirs. Kornberg. he said, was a go
between for King. who acted as a
stool pigeon for MIR. Murray" When
the sale of six patented mining claims
and So, 1000 in cash was made Tor xs,0OO,
the mines were among the richest sill
yer producers in the state n silver
was worth 81 an ounce.
81 object to MI. Forbis arguing the
merits of the case" said Chancellor
O'Donnell. i~nterrupting:
Keep your seat, Chancellor" said
the court. You had your talk"
Mr.. Forbis denounced the deal az
''the greatest fraud that was ever per-
petrated In this community" He said
Kornberg went back and forth between
Butte and San Francisco to work the
fob" and as the fruit Of his perfidy he
was allowed to work the property for
three or four years Ind made a fortune
out 6. a IL; :, hi. closing argument,
said the action of the plaintiffs was
nothing but a Matchmaking scheme.
Judge Clancy overruled the demurrer
and the defendant Dol 80 days to
answer.
]. H. Leysbn, administrator OF the
Davis estate. presented a petition te
Judge Lindsay yesterday asking fol
permission to pay 5000 to Horace @
Allen, a Boston attorney who has beer
representing the estate In litigation In
Massachusetts,. Mr.. Leyson represented
to the court that the estate has import
ant interests in that state, involving
from S40o, 900 to $500. 900 m other prop
erty, which has been subjected to serioul
litigation. a portion OF which has beer
settled and q part Of which il still pend
ing in the courts Attorney Allen ~
been counsel for the estate for som'