The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-05-03
n THE DISTRICT COURT
USED HIS QUARTZ MILL
He Sues for 81. 100. but the DESCENDANTS
eay the Invention Il Not What It
We Oscked Up to Be-eues
Johnson's Bondsmen.

Judge Lindsay convened his court in
regular session again yesterday and the
first case called for trial was that of
Samson Beers against Louis Lieneman
and Charles Schmidt. a suit growing
u Of blasted expectations from a great
invention. Beers is the inventor Of a
gold quartz mill from which he had
expected great things. Lieneman and
Schmidt several years ago were operat-
ing the st. Julien mine in Emigrant
gulch. Park county. and Beers induced
them to permit him to put in one of his
mills for trial. He claims that he put
II up and operated IL successfully until
they ran out Of ore. and Lieneman and
Schmidt expressed themselves satisfied
with IL and agreed to accept IL and
pay Beers for his services. but they
only paid q little on IL and then refused
to pay more. They claim the mill failed
to do what was claimed for IL and could
not work the ore of the st. Julien. Beers
sued for 81 100. The first witness for
the plaintiff was II. A. Hull Of Dillon,
who said he had also bought a Beers
mill on the recommendation. of Liene-
man and Schmidt, who aid IL was all
right and worked satisfactorily. Hull
found that IL could not work his ores.
The trial will probably last several days
longer. F.. T. Mcbride is attorney for
Beers and anne w. Forbis for the de-
PENDANTS.
Chief Connolly of the county attor-
ney's office is preparing a suit against
the bondsmen of C. q. Johnson. the de-
faulting ~ex-county clerk. The bonds
men from Jan. 2. 1898. to Jan. I, 1895.
were James II. Lynch and Frank
Lynch. 1t appear that from the latter
date until Nov. IL. 1895. Johnson held
pfice without bond and then gave one
with James A. Murray. A. +. Bray. J.
r. Beck and A. W. Barnard as security.
The latter bond pretends to be a sub
stitute for a former one. which was re-
Quired to be changed because James II.
Lynch was appointed postmaster and
had to withdraw from the bond. Each
bond was for $4,000. IL seems to be
doubtful that the county will be able to
recover anything from the bondsmen,
but IL II claimed by some OF the par
ties interested that the members Of the
old board of county commissioners. who
each month pretended to check up the
clerks books and accounts and APP
proved them as correct. a he held re-
sponsible on their bonds for the clerks
defalcation.
n suit loT an 1nJuncllOn anu Slu,VVV
damages vas brought in Judge Lind
says department of the district court
yesterday by A. w. Barnard against
Simon Hauswirth. Herman Hauswirth,
Robert Hauswirth. John Hauswirth,
Kate Fenner and George T%utchburn. The
complaint in the case alleges hat Bar
nard Is the owner Of certain ground in
the Plymouth addition. n that be-
tween April I. 1896. and April rs, 1898,
fA4L .naa.pafl.. ,f fhA rAnnV ana ~
tracted $50 tom of gold and silver bear
ing ores valued at 10000. which they
sold and converted TO their own use.
Judgment for that amount is asked and
AN injunction to restrain the ~fenda
from continuing the alleged ~trespass.
Judge Lindsay yesterday morning i'm
paneled a trial jury composed of the
following: Charles Blackie, Joe v. Har-
mon. Fred Bliss. William II. Cole, Ben
jamin CORN. Pat Conlon. John FitZmor-
ris, T. T.. Mclaughlin. James G.. Cock
ing. A. Fitzgerald. M. A. Hickey. Gus
a Jiencke. James II. Lynch, I. Mat
tingiy, William Toy. Henry Blewett,
Joseph Constantine, William Caldwell.
Patrick Colligan. William Clark. Thorn
as Crapp. Peter Green. JON Hoskins,
James Heimback. w. II. Price and J.
T. Sullivan. The sheriff had served 81
jurors. but many offered the usual ex-
cuses for not doing jury duty and they
were excused by the court.
Judge Clancy held a short session OF
court yesterday morning and dismissed
the case OF Nelson McGarvin against
John Berne and others for want of
prosecution. In the case of the West
ern Asphalt company against q. w. A.
len the order to show cause was con
tinued until to-day 10 permit the plaint-
in to prepare and file counte afidavits.
T.. A. Nichols was excused from fur
ther serving on the jury.