Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-03
ALL IN CONTEMPT
Is the Decision OF Judge Clancy
Today.
BENCH WARRANT ISSUED
For the Arrest of Several Boston
& Montana Company
Officials.
BENCH WARRANT ISSUED

critics n various other motions IN con-
nection with it was resume in Judge
Clancy's court. The part of the room
outside of the railing was crowded with
spectators, showing conclusively that
more than passing interest was being
taken in the case. There is a great array
of legal talent on each side, Messrs. John
+. Forbis, William Scallon, w. w. Dixon,
William H.. De Witt, Ransom Cooper and
L. O.. Evans representing the defendant
company, and Messrs. w. e. Cullen.
Robert B. Smith, F. e. Corbett and john
j. Mediation %espousing the cause Of the
plaintiffs. During the first hou today #.
Augustus Heinze was present.
Prior to adjournment Saturday after
moor Attorney Mediation asked the court
to order the defendant corporation to
produce it's books in court this morning
and the request was complied with. Two
minutes before the clock in the tower
tapped 8 six men, with their arms full of
bundles, rushed into the court room and
took seats in the jury box. Among the
number were Jim Hooper, Percy Benson,
Budd Jones and Captain Parrot, men,
bers of the football team.
Attorney Corbett, for the plaintiffs,
opened the ball by requesting the court
to strike from the files and testimony a
lot of afiidavits submitted by the de-
PENDANT company on Saturday afternoon,
showing that the New York company had
transferred back to the Montana corpora
ton all the property belonging to the
latter. The motion was based on the al
legation that the acts and statements set
forth by the documents appeared to have
been made in violation of the order of the
court made on December 10, 1898, APP
pointing Thomas r. Kinds receiver and
az, nj, l., o. fIc Nov, Vl,Jy ,1,, ~, TO-, f,a-~
making any disposition of the property.
The motion was OveIruled.
The plaintiff then offered in evidence a
batch of documents filed at various times
in connection with the case. Among them
were several affidavits, one of which
bore the signature of Thomas r. Kinds.
An collection to it was made, but the
court overruled it. Objections to other
aftidavits We're also made, but they
awaited nothing.
A second affidavit from Kinds, setting
forth the fact that as receiver he had
been prevented from assuming the duty
imposed upon him because of the forti-
fed condition of the property, was OBJ
posed, but it was allowed to enter into
the proceedings.
When the affidavits had been disposed
OF oral testimony was taken the object
being to show that the two defendant
corporations and their officers were in
" my oDSSi us lHC VI lit
court in regard to turning the property
over to the receiver. l.. O. Evans, one of
the attorneys for the defense, was ex-
amined with a view to showing that all,
or nearly adj, Of the defendants were in
the city last week, n therefore could
have no valid excuse for refusing to
comply with the order.
DO you know G. M. Hyams?" asked
Mr.. Mediation.
Yes, SIR
when did you last see him?"
This morning.. l also saw him yes
terday and Saturday in the Hennessy
building"
Where does he stop?"
Il don't know"
DC you know William j. Ladd?"
yes, sir"
when did you last see him?"
saturday night
d you know if he is staying in
Butte?"
Not of my own Knowledge
Have you any information as to
whether he is or not %
Yes, sir"
What conversation have you had with
him concerning this matter during the
last few days?'
Il decline to answer that question on
the ground that what information | OBJ
tanned from him was as an attorney.'
The question was withdrawn.
"A similar line of questioning was pur-
sued to show that several other officers
of the company We're in Butte last week
and as late as this morning.
At this point in the proceedings McIJat-
ton called the attention of the court to
the alleged fact that its order had been
disobeyed and asked that a warrant of
attachment against the New York cor
poration B. & M, the Montana corpora
ton b. & M. w. J. Ladd, j. II. Vivian.
Frank K1anptEn q NJ Hvomc ~ Q Dat
terman. B. III. Dunshee, c. r. Davis. John
H.. Miles and Richard Dave directed to
the sheriff requiring him to arrest forth
with the men named and bring them be-
fore the court, and that the court then
compel them to show cause why thew
should not be punished for contempt in
refusing to obey its order.
Very Well,' said the judge. "Mr. Clerk.
issue the warrant"
Hold on" exclaimed Judge Dixon.
Have we no voice in this matter? We
object to an eXparte matter being inject
ed into these proceedings. Where is there
any prima facie evidence to show that
these men are guilty of contempt? We
also object to being interrupted in this
manner in the pursuit of the original case
before this body"
Mediation and cullen explained why the
warrant should be issued and the men
arrested. The latter said they had tried
DS IlllueI iletiOuS u SCI llcll liitO court,
but had failed.
rs there anything more to be said?"
asked Judge Clancy.
Yes, sir" responded Attorney Scallon.
we are here in pursuance to a writ issued
out of the supreme court commanding
this court to hear, on or before the Sd, the
motion to discharge the receiver in his
case and we wish to proceed with it,"
Nov, gentlemen" said Judge Clancy,
"it is the duty of all judicial tribunals to
look with Argus eyes upon all matters
with which it has to deal in a judicial