The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-04
VALUABLE CITY PROPERTY
Away Back in 1915 Located at
Park and Arizona.
NOW IT'S IN LITIGATION
A Brilliant Array OF Lawyers. to Protect
the Various Interests-The Quartz
Mill Case Still On Before Judge
Lindsay-Gm Divorce Suit.

The case Of Patrick Mullins against
the Butte Hardware the
heirs of the Bowen estate. William Me
Dermott and IS other defendants. was
tried before Judge clancy yesterday.
Judge DE Witt. George clark and Rob
ert Mcbride. John ". Cotter. Judge
Stapleton and Charles u. Leonard rep
resenting various interests as attor-
neys. The suit involves a great amount
of aluabie city property lying on the
Yellow Jack lode claim on East Park
street and almost in the heart of the
city. Away back i'm 1876. +. NJ. Bowen
located a home at what is known as
the corner of Arizona and Park streets.
and subsequently erected the present
Butte city Hotel building on Il. and
which is still owned by the estate. "A
number of others also located around
him and built homes, but they We're
nothing more than ~squatters and none
OF them had any legal title to the
ground occupied by them. In 1879 John
r. Cummings and loci T.. Moss went
to Bowen and the other occupants of
the ground and entered into an agree
ment with them by which Cummings
and Moss were to locate all that ground
as the Yellow Jack lode claim in order
hat the different occupants could get
a perfect title to their ground and also
to secure a patent for the claim. The
location was accordingly made and IL
was agreed that each one should have
that portion of the claim occupied and
enclosed by him. They were also to
have a pro rata share i'm the mineral
under the surface and i'm the costs and
expenses. Fol- some reason the titles
were never perfected and Moss mort
gagged his interest to Dick Hauser. and
the mortgage interest i'm turn passed
to A. j. Davis and then to Pat Mullins.
n the latter set up an adverse claim
to all the ground to the extent of
thirty-sixty-fourths' interests. The
Butte Hardware company claims eight
sixty-fourths and others from one
sixty-fourth up. The Bowen heirs.
Charles Nickel. William McDermott.
George FItsch and other defendants,
claim their portions of the surface
ground and the mineral under the
original agreement with Cummings
and Moss. and deny that Mullins has
any interest i'm the property. At the
trial yesterday the plaintiff simply in
troduced as evidence the records n
then the defense presented its testi-
mony relating to the original agree
ment. among the witnesses being Cum
mings and Moss. There VAS no rebuff
tai and the ease will be argued at some
future day not yet decided on.
The entire day was taken up in Judge
Lindsay's department of the court with
the quartz mill case of Samson Beers
against Lienemann and Schmidt. and
IL is doubtful IL the trial wnl be con
cluded to-day. The testimony for the
plaintiff was all put i'm yesterday and
the first witness for the defense, Mr..
Schmidt. was put on the stand He
denied that the Beers mill ever worked
satisfactorily or that he ever said IL
had.
Minnie Gill yesterday commenced a
suit for divorce against Joseph H.. Gill
on the grounds of desertion and non
support She saws they We're married
at Vancouver, II. G., May %, 1891, and
that for more than N year the de
PENDANT has contributed nothing to-
ward her support. On the LIST of last
February. while thew were living i'm
Anaconda. ne deserted her. They have
one child. a girl of 6 years of age. whose
custody the mother asks.
Clerk Clark Of the district court yes
terday made up his monthly statement
of fees collected. showing the following
for April: