The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-24

Floyd ct al. VS.. John Barber ct al.
filed a demurrer yesterday to the an
swer of the defendant, on the ground
that the answer does not state facts
sufficient to constitute a defense or
a counter claim.
In the case of F. Aug. Heinze VS.. the
Anaconda Cor,er Mining company, the
hearing upon the petition of the plain
tiff for an order permitting him to sur
vey the defendants ground and for
an order commanding the defendant to
show cause why this should not be
done, occupied most of the afternoon
and was not finished at o'clock The
testimony of the witnesses for the
plaintiffs went to show that there is
vein on the 600 level of the Paramount
claim, the property of the plaintiff, that
dips south at an angle of from 70 to rs
degrees. The Paramount claim is north
of the Anaconda and st. Lawrence
claims and the plaintiff alleges that he
wants to make underground surveys in
order to determine whether the vein
goes into the latter claims, on its dip,
or not. The north side lines of the
Anaconda and the ST. Lawrence are
several hundred feet south of the vein
in the Paramount. 1t appeared from
the testimony that the vein cannot get
into the former claims until it reaches
a depth, if it gets in at all. The
hearing will be resumed next Satur-
day.
Judgment by default against the de-
dendant was ordered entered in the
case of D. N. Mcdonald against Charles
Suter.
In the matter Of the estate of
Charles st. Germaine, an order for the
final discharge of the administrator was
made.
Judge Clancy signed an order for a
hearing of habeas corpus proceeding
brought by the defendant in the case
Of the state against Victor Erfurt and
the hearing was set for 10 o'clock Mon
day morning. 1t will be remembered
that Erfurt beat his wife brutality and
at his trial in Justice Nichols court
pleaded guilty to assault in the third
degree. Judge Nichols fined him $500
and costs and sent him to Jail for six
months. In the habeas corpus pro-
I ceedings. in his affidavit, he attacks the
LEGALITY of his sentence, alleging that
he is illegally imprisoned for the reason
that the sentence imposed upon him is
of a nature not authorized by statute.
He AYERS that the sentence Is invalid
because costs were included in it, and
he further AYERS that he is illegally i'm
prisoned because having little knowl-
edge of the English language he did not
understand nor appreciate the nature
of the proceedings against him suff-
GENTLY to make a proper defense. 1t
looks as If, having pleaded guilty I'M
der the mistaken notion that he would
be lightly punished. he has grown sick
of his medicine and would like to es-
cape it.
In the matter of the estate of Samuel
H. Stewart, the court was petitioned to
grant letters of administration to Luz
cena S. Wadsworth, a resident of Mas
sachusetts, named as executrix in the
will The court declined to issue the
letters and continued the hearing upon
the proof of the will till next Saturday.
There are three beneficiaries named in
the will, William L. Stewart, a son of
the decedent, and Ida S. Campbell of
Meagher county, to each of whom Is
bequeathed $500, and the lady first men
toned, who is the devisee of the rest
of the estate. The property left to the
latter consists of two lots and a fifth
interest in the Vanderbilt addition Of
Butte: the Narragansett, North Pacific
and Vanderbilt mining claims, in this
county, and the decedent's interest in
the High Ore and Cora claims, in
Meagher county, 1000 shares in the
Samuel Stewart company of Missoula;
1883 shares in the Moulton Mining COM
pany; 974 shares in the Flint Creek:
1000 in the Poorman Extension, 1000
shares in the Tiger and Poorman, 1000
shares in the Occur d'Alenes. $50 shares
in the Stevens Gold and Silver COM
pany, 1000 shares in the Milwaukee,
1 900 shares in the Pyrenees Gold COM
pany and 1000 shares in the Fourth of
July claims; and all the rest of the es-
tate.