The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-23
SHADWELL'S TRIAL SET
Slayer Of Martin O'Connor Will
Face a Jury on Sept. Is.
FINlEN MAKES ANSWER
Denies That Heinze Has Any Legal Title
to the Minnie Healey Lodging
House Keeper Takes Appeal.
Court Matters,

The second trial of Robert Shadwell
Tor the murder of Martin O'Connor had
been set for yesterday, but for the
reason that Judge Clancy was engaged
IN the trial of the Pennsylvania mining
case and didn't have trial jury in at
tendance, it was necessary to continue
the case, and it was reset for Sept. Is.
ShadWell was brought into court look
ing we'll and smiling, and shook
hands with his new attorney, Judge
Hamilton, who will be associated with
b. S. Thresher in the trial.
Several other criminal cases are set
for trial to-day and tomorrow, but will
also have to be continued for the same
reasons that Shadwell's trial was.
Miles Finlen yesterday made a reply
in the district court to the cross-biI of
f. Augustus Heinze in the Minnie
Healey mining case, and denies that the
defendant has any legal title to the
property or any part of it, or that the
plaintif ever transferred him any
rights he had to the mine. Finlen al
leges that in November, 1898, while he
was in possession of the Minnie Healey
under a lease and bond, he allowed
Heinze to put some men to work in the
mine for the purpose of prospecting,
with view of ascertaining the probable
value of the property and in order to
determine whether or not HeinZe might
desire to purchase his interest in case
the plaintiff was willing to sell, and
price could be agreed upon between
them. All the men sent to work in the
mine for that purpose were under the
general control of the plaintiff and his
agents, and were paid by him for all
the work done by them. No agreement
or contract was ever entered into be-
tween the plaintiff and defendant for
the sale to the defendant of the plain
tiff's interest in the mine, nor was any
price ever agreed upon for any trans
fer or assignment. Prior to last Feb
ruary the defendant (Heinze) had no
possession of the property, but only ac-
cess to 1t, and the rignr of working by
permission and consent of the plaintiff,
but afterwards the plaintiff demanded
of the defendant the removal of the
men employed by him and to cease
working, and the defendant then for
the first time claimed that the plaintiff
had agreed to transfer to him all his
rights and interests in the lease and
bond and refused to take his men out
of the grounds. and by threats and
force excluded the plaintiff and his en-
ployeS from the mine, and has ever
since retained possession of it. Finlen
says that since about the 23d of last
December, and up to the time Of the
commencement of the suit, the defend
ant has extracted from the mine large
quantities of valuable ore the exact
amount and value of which is unknown
to the plaintiff. and has converted it
to his own exclusive use and benefit.
The plaintiff is informed and believes
that the value of such ore is much more
than the amount of money the defend
l,DS 1n1 on, thn ole iy,, /. ln
plaintiff asks that the defendant be re-
quired to account to him for the pro-
ceeds of the mine prior to the COM
mencement of the suit.
Nick Francis lodging house keeper
and defendant in a suit brought in JUS
tice Lewis court in Walkerville by Miss
Babe Ruth, has taken an appeal to the
district court from a judgment given
against him for 500 or the return of
the clothes and other personal effects
owned by the plaintiff, and which she
alleged the defendant wrongfully with
held from her. Francis defense is that
he holds the stuff under a lodging
house keepers lien for acclaim he has
against the woman and one Charles
Clark, amounting to Sill, for lodging
charges and refreshments served at her
special instance and request" and for
which she refused to pay.
John j. Barber, defendant in a suit
brought by j. j. Mccall, filed an an
swer in court yesterday admitting that
he owes the plaintiff s66 as a balance
for money loaned and consents that
Judgment for that amount. which he
paid into court should be entered
against him, but he denies that he owes
Mccall any more than that.
In the case of David Lawrence
against the l.. Wottrich Mining COM
pany. the defendants attorney yester-
day filed stay bond in the sum of $500.
upon which Judge Clancy granted a
stay of proceedings pending an appeal.
Anna Held long filler Havana CIGARS