Daily inter mountain., 1899-09-19

II. r. Bartlett. one Of the defendants
in the suit instituted by Monica Frey Cal
lahan for the collection of So 1000 alleged
to be due on promissory note has filed
an answer denying being indebted to En-
NETT Callahan. The answer sets up that
the Bee Hive company delivered one note
for 81 500 to Emmett Callahan as guard
ian of Katie O'Brien and also a note for
$500 to Callahan as guardian of George
and Alfred Hale. He denies that either
of said notes are owing to Callahan from
the Bee Hive company, except by him in
his trust capacity as guardian of the min
ors named and that said sums of money
are not yet due. He also denies that he
has paid or attempted to pay to Gala
han any portion of the notes.
Max e. Mayer to-day commenced suit
against Sol Levy, Mrs Nellie Levy, and
F. H. Cooney, as administrators of the
estate of Chas. Coulton, to recover on
promissory note for 1,aO0 which the
defendants are alleged to have executed
in favor of the plaintiff on May 2S. 1896.
The plaintiff alleges that the note was
given by the defendants Sol Levy, Nellie
Levy and Charles Coulton, deceased. The
interest has been paid up to and in
Guiding April I. 1899: that to secure said
note the defendants gave plaintiff a
mortgage on lots and A. block in Bar
nards addition: the mortgage bearing
date of May %, 1896: that the principal
of said note remains unpaid and that
the defendants agreed that in case suit
was instituted on the note they would
paw per cent of the principal and in
terest of said note as reasonable at
torneys fee in the matter of the fore
closure of said mortgage. Wherefore
the plaintiff prays for a Judgment for
81, 500. 90 and interest at one per cent per
month from the 18th day of October, 1898.
until paid and an attorneys fee of $500
The direct examinat ton of Expert Fred
! erick c. Bulkley, in the big mining suit.
was concluded yesterday afternoon. The
cross s-examinaton OF the witness is in
progress today and is being conducted by
Attorney Hughes. The principal conten-
ton in the examination today was over Il
specimen of rock taken from the east
fault OF the $50 foot level of the property
in dispute. The contention of the plain
tiff is that the rock exhibited is an in
jected porphyry breccicated on the upper
side while the defendants contend that
it is an indurated clay, the brecciated
portion consisting of fragments of gran
ite, plophyry and other material ce nente, !,
together by the clay and other material
The witness. While admitting the remote
possibility that the rock was of igneous
origin, was firm in the conviction that it
was not. In some of the samples exhib-
ited are small pieces of ore, apparently
rounded by attrition. The plaintiffs con-
tend that the rounded fragments were
thrown up with the ground mass while in
state of igneous fusion. No definite
conclusion was reached as to the exact
nature of this, material, as the witness
declined to assume the responsibility of
an exact determination, explaining that
his geological experience had been more
general than special.
A charge of insanity was placed against
Henry Kelly yesterday. Kelly is the man
who assaulted Jailer Pishkur a few days
ago while the jailer and Deputy Sheriff