Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-02
New and Old Matters to Be
Strengthened.
TOMS AGAINST MURRAY
Motion for a Continuance of the Trial
Until Next Monday
Granted.

Pasquelli Guidoni brought suit against
the Butte Sampling Works today to re-
cover judgment for $543 .43 damages. al |
legged by him to have been sustained by !
the conversion of ore belonging to him. I,
IN MS complaint he alleges that on July
20 OF this year he delivered to the de-
1endant 17,215 pounds Of mixed copper d.
ore and matte worth $543. 43 for the pur.
pose OF determining its market value by
sampling and assaying; that the de.
agreed to purchase the ore, but
Notwithstanding the agreement it failed
and refused to do so, although it did the |
sampllng and assaying; that on Septean-
Der 25 plaintiff served the following no.
tice on the company:
Butte Sampling Works and George H.
Casey: You are hereby notified that I
claim the immediate delivery to me of
that certain lot of mixed copper ore and
matte heretofore sold and delivered nv
me to you, and comprising 1925 pounds
now in your possession, and in case of
your refusal to deliver the same to ma
after payment of all charges which I
hereby offer to pay, suit will be brought
to recover the same or it's value, the sum
OF $543.43 or the purchase price thereof
Pla1nt1ff alleges that the defendant still
refused to produce.
A deed conveying title to the Pomona
quartz lode claim from John r. Lloyd
and Thomas E. Lloyd to John Gillie was
fled for record today. The document is
dated October 2, showing that the deal
was made just a month ago. The con-
slderation was SIS, 900.
Annie Gaffney began an action for di-
vorce against Matthew Gaffney today.
IN how ~ ~, I ot~% IL. Ill.,
and herself were united in marriage in
TINS city on February 5, 1894, but for
three years he has, by reason of his idle
ness, profigacy and dissipation, failed
to provide her with the common neces-
saries of life.
The plaintiff further says they have no
children; that her maiden name was
Kipp and she would like to have it re-
turned to her.
suit brought by A. A. Mcmillan and D.
J. Charles against the city to recover
Judgment for damages in the sum of
$1,000 for the destruction of the sidewalk
adjoining some property owned by plain
tiffs on Wyoming street, was dismissed
in the district court today. The defend
ant has repaired the sidewalk.
The suit instituted by the Citizens
District Messenger against
Henry L. Haupt and others as chief op-
orators of the World messenger system,
was also dismissed without prejudice,
the motion being presented by j. J..
Bender, one of the attorneys for the
plaintiff. The suit had been set for trial
today. 1t was brought to recover iudg-
ment for $1,000 damages and to restrain
the defendants from the alleged use of
plaintiffs poles in the %conduction of it's
business.
Mrs. Carrie E.. Finney arrived in the
city a few days ago ana yesterday even
ing filed in the district court a petition
asking that j. p. Collins be appointed adj
ministrator of the estate of Robert Ell
berdlng, her cous n, whose mental coadi-
ton was discovered to be such about two
weeks ago that he was sent to the asy-
lum. Mrs. Finney resides in Holden,
Mo-, and is the only relative Elberding
has in this country. He has, however,
several in Germany.
There was in Judge Lindsay's court
this morning rather an interesting argu-
merit over a motion for a continuance in
the suit brought by DR., f. W. Tams of
New Jersey against James a. Murray of
tins city to decide title to a bunch of
stock in the Pocatello Water Works
company. The defendant and his coun-
sci, Mediation & Cotter. were on hand
and seemed anxious to get right down to
business, but Mr.. Tams was absent: and
as MS attorneys. EiN1n MOTIFS OF Dillon
and George Haldorn and 'F'orbis 4 Evans
of Butte. did 70. wish to enter the con-
flict without Mr.. Tams. they asked for a
few days continuance, basing the re-
quest on an affidaNit stating that Tams
was on the way from New Jersey, was
due in Butte. and would likely arrive on
the next train. Having been president
and manager for the water his
testimony in the trial Of the acton, they
maintained, would be highly conducive
and necessary to the presentation of their
side. They further said the defendant
had a counter claim against the plaintiff
involving ove 500, GOO and they would
therefore not like to dismiss the suit.
If this court would grant the continu-
ance, however, the action would either be
tried or dropped at the time it was called.
The Judge said he would pass upon the
matter at 2 O'Clock.
When court convened this afternoon the
Judge said he would grant the motion for
a continuance, and accordingly set Mon
day as the day for taking up the matter.
A complaint charging +. L. st. Onge
with petit larceny was issued from the
county attorneys Office today and filed in
Justice Bliss court. The complainant
was Mary Corcoran, who stated that last
July she vacated a small confectionery
story on Montana street and left the
counter stand outside because she could
not remove all the things in one day. that
the counter was worth SIS; that it was
taken by st. Onge, who owned the build
ing.
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