Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-10
SOLDIER SMONEY
Will Probably Go to the Old
Folks at Home.
IT CONSISTS Of $500
Court Petitioned For Letters of Ad-
MISUNDERSTANDING Suit
On Trial.

Charles H. Smith petitioned the district
court today for letters of administration
of the estate of David l.. Williams, who
died at or near Manila on May 81 of
this rear While doing soldier duty. The
petition is based upon an affidavit made
by Lewis Williams, the dead mans
father, who resides in %Schuylkill county,
Pa, requesting the appointment of the
petitioner. The affidavit says that prior
to his death David L. Williams was a
resident of Walkerville, this county, and
died without leaving a wife, children or
a Will.
The estate consists of $500 in cash on
deposit in the First National bank of this
city and 5000 due from the government for
services rendered as a soldier.
The heirs named are Lewis Williams
and Mary Williams, parents of the dead
man, both residing at McAdoo, Pa.
The suit OF John O'Rourke VS.. Mary
Schultz, which was set for trial Monday,
was continued by Judge Lindsay today
until Dec. 4. in order to give Attorney
Bach, now in the east. an opportunity to
be present. An order to stay an execution
obtained in a sister proceeding some time
ago until after the trial of the cause
continued was also made.
In the suit brought by Monica Frey
Callahan against Ecnmet Callahan, the
National Bank of the Republic at Salt
Lake, d. J. Hennessy and H. r. Bartlett.
to "a the court set aside a Judgment
for 81, so obtained by the defendant
bank against Emmet Callahan, the de-
fault of the three first named defendants
was entered in Judge Lindsay's court to-
day. The judgment is one which the
plaintiff alleges was obtained b. collision
between E1nmet Callahan and the bank,
the object being to deprive her of her
homestead and other property.
An amended complaint in the action in
stituted by Patrick Mullins against John
Kelly and wife a few days ago to recover
Judgment for $S07.17 for goods sold de-
PENDANT and for money advanced to j. w.
schackelton at their request, was filed
in court today.
Returns from South Butte today in
dictated that David Black, for whose ar
rest on a charge of perjury a. warrant was
issued yesterday, had left town last night
on a freight train with the intention of
remaining away until after the accusa-
ton cooled.
Black, 1t is alleged, was a member of
the firm of Beal, Sanders. & Black. A
short time ago John Marovich brought
a civil suit against him in Justice Bliss
court and it is alleged hat Black swore
he was not a member of the firm. but only
an employee. The other two members
swose he was and the perjury charge
WIS the result.
The trial of the damag &c suit of Michael
Reynolds against the Alice Gold & Silver
Mining company was commenced in
Judge Lindsay's court today With Cotter
q Notation representing the plaintiff
and F. w. Bacorn the defendant.
The action is one in Which Reynolds
seeks to recover Judgment for $3.50 for
damage alleged to hay been sustained by
him through a flow of water from the
Magma Chalta mine, owned by the de-
PENDANT. onto his property, located on the
Bell of Butte claim near by.
The plaintiff testified that he did not
know how the water was raised from the
mine or by what means it was conveyed
to the outside of the building. but in the
evening of the 10th of December he had
found his house in poor condition with
reference to dryness and sent one of his
boys to notify Manager Buzzo. The
water. he said, flowed west from the mine
and by reason of the fact that the gHlcia
was clogged With ice below it ran into
his house, covering the kitchen floor to a
depth of nearly a foot and those of the
front rooms s or 9 inches. 1t remained
there unit June, he said, and left the
floors in such condition that three had to
be replaced with new ones.
In telling his story Mr.. Reynolds used
a strong adjective or two. and the Judge
stopped the proceedings long enough to
tell him TO be careful, as profane Ian
guage vas not permissible in court.