The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-11-29
JUDGE LIHDSAY'S COURT
A Suit CROWNS Out of the Old
Kitty Morris Case.
WAS GIVEN A NEW TRIAL
Several Well Known People In the
State Appear - Dsfsndsnts-A
Verdict for tbs Plaintiff
on the Last Trial.

one OF the SUITS 8rV"ins out OF inc
old Kitty Morris mining case IA on
trial before a jury In Judge Lindssy's
court yesterday. IL Involved several
eminent personages ~ defendants. One
Of them was Congressman Charles s..
Hartman and another was State SEN
ator Charles w. HOFFMAN Of Bozeman.
The defendants were represented by
Attorney w. s. Hartman and Congress
man-Elect Campbell. +. f. Congion
was plaintiff In the case and the de-
PENDANTS were L. Ii. Olds, Charles w.
Hoffman, w. p. Northrup. George Cox.
I. X. Kountz, r. NJ. whitehead. l.. +.
Ferris. Walter Cooper and Charles S.
Hartman. The Ease was once tried In
October. 1896. and resulted I'm a ver-
dict for the plaintin, but an appeal
was taken and the case was SEN back
for a new trial. In his opening state
ment' to the Jury. r. T. Mcbride. one
II the attorneys for h plalntin. stat
ed that i'm 1891 l.. u. Olds. acting fer
himself and the other defendants. came
to Butte from Bozeman and bought
from certain persons a lease n bon
pm the Kitty Morris. The assignment
was taken In the name of Odds. but
for himself and the other defendants.
OluS ODtncu an dCCOunl at the cllktT
Bow National bank and proceeded to
operate the mine. He bought supplies
and carried on everything in his own
m For a considerable time. said
Mr.. Mcbride, everything went along
all right; the mine was prosperous Ind
the defendants thought they were GO
ing to become exceedingly rich. Then
a change came and the ore body played
out and the defendants had to put up
money to carry OF the operations. They
occasionally sent money to Odds and
paid overdrafts at the bank for him.
all of which. 1t is claimed. was known
to the plaintiff. Congdon. In the fall
of 1892 the pay roll Vas not paid and
Olds got Congdon to go on "a 81. 500 note
with him at the Silver Bow National
bank, and subsequently Congdon had
to pay the note together with interest.
amounting to 1.635. for which sum. In
addition to an assigned account OF $50
assigned him by Bennett Brothers.
Mr.. Congdon brought suit. Mr..
Mcbride said that when the plaintiff
first made a demand on the defendants
for the amount he paid on the note they
said they were uncertain what they
would do. but finally they said that
they had been working under a corpor.
alton and that Olds had no authority
to incur the indebtedness.
w. s. Hartman. for the defendants.
toll the jury that they a agreed
with Olds that he should run the mine.
and in the fall of 1891 they incorporat-
ed. Mr.. Hoffman was elected president
and Mr.. Odds vice-president and gen.
erol manager. He ont nued to oper-
ate the mine up 70 August. 1892. when
he went to Bohemian and reported On
the condition of the property. On his
report Ii was determined that the mine
was a losing proposition and that II
should not be worked any longer. Olds
was instructed to close down the mine
and only do enough work to keep the
water out of the mine. as a deal WAS
then on to sell the property. On the
9TH of October. two months later. he
borrowed the $500 at the bank. and
did IL without authority and as his per-
sonal liability. In March. 1898. Fay
ette Harrington. cashier of the bank,
and Mr.. Olds wen to Bozeman and in
formed the defendants that there was
an overdraft at the bank of more than
$4,000. the money having been largely
used in carrying on the operations OF
the mine. Harrington said he had tax
en- as security a mortgage on Did
property. but the security was not sat
~isfactory and Mr.. Harrington desired
h defendants to make other arrange
ments. They told him that they did not
owe the bank anything and were not
responsible for the borrowed money. To
avoid litigation. however. IL was final
ly determined by the defendants to pay
the bank 50. 100. which represented the
amount actually spent on the mine
and for which the bank gave the de-
PENDANTS a receipt in full. At that tine
the bank was holding the Congdon note
and nothing was said about IL. Mr..
Hartman said II would be demonstrate
ed that the 1850 loan vas Mr.. Oids'
personal liability.
Fayette Harrington was the first wit
ness and he testified as to Odds ac-
count at the bank during the operations
o. Kitty Morris.
l.. b. Odds. the e witness. testified
that when he took the assignment of
h lease and bond he acted for him
self and the other defendants. and tina
no consideration was paid for the as
signments. The trial will consume sew
eral days.