Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-10
But Only Three Of the Eight
Adjudged Guilty.
THE MONEY PAID IN CHECKS
And the Respondents Walk Off About
Their BusineSs--DaWe Felt
Sighted.

the suspense which has for several days
lowered over the officers of The Boston q
Montana company in connection with the
alleged violation of the rules of the court
in the matter of the appointment OF the
receiver for the property of the Boston 4
Montana mining He fined the
company $500, Joseph H. Vivian $500, Z.
f. Davis $500 and turned loose all the
others save G. NJ. Hyams. In the case of
the latter Mr.. Forbis stated hat he was
willing to submit the case to the court on
the showing made by the others, but
counsel for the other side protested. 1t
wanted Mr.. Hyams to appear in person.
1t said that there might be some other
things brought up in the contempt pro-
ceedings. The judge cited Mr.. Hyams TO
appear on the 25th.
In rendering a decision in the contempt
matter the judge said:
James Forester and John
versus the Boston & Montana Console
, dated Cooper and Silver Mining COM
pany.
The hearing on the matter of the al
legged contempt of the defendant Boston
& Montana Mining company, John r.
Forbis, William H. Dewitt, L. O.. Evans,
r. H.. Dunshee, G. S. Batterman, J. H..
= Miles. y. n. Jaws Alan
the above entitled cause having come on
for hearing before the court in May 1899,
and said corporation n all OF sald per-
sons being before the court, having there
tofore been served With an order 10 snow
cause or an attachment for contempt,
said J. H. Vivian and c. r. DAVIS APP
pearing in person and by counsel n the
Boston & Montana company by counsel,
no answer being filed by either of said
RESPONDENTS or defendants, but they aV-
ing stated in court that they would en-
ter pleas of not guilty: documentary evil
dence and the testimony OF witnesses
sworn in the matter having been heard
and submitted to the court on the charge
of contempt made against said respond
ents. and t he court having heard argu-
ments of counsel and having fully con-
sidered the matter and being ADVISED as
to the law and the evidence. the court
does now hereby order, edjudge and de-
cree that the respondent Boston Il Mon
tana has heretofore. wilfully
and knowingly dlsObeyed and violated
the order of this court appointing Ihom'
as R.. Kinds receiver for said corporation
on the 18th of December 1898; maj II, py
its officers and agents, refused to COM
plv with said order and prevented said
receiver from carrying the same INTO
effect. and did unlawfully interfere with
said order ard the execution thereof.
THAT said ]. H. Vivian did heretofore
villfully and knowingly dlsobey and Vlo-
late said order OF this court and did pre-
vent said receiver from taking possession
of the property of the said defendant and
carving said order into effect, and d1o
unlawfully interfere with the executor
of the said order.
THAT said c.. r. Davis did heretofore
wilfullv and knowingly disobey and vic.
late said order of this court and did re.
fuse to comply Herewith and prevented
said receiver from carrying the same int
effect or taking possession OF the prop
erty of the said defendant. and did un'
lawfully interfere with the said order ant
the execution thereof.
THAI the said Boston & Montana Con
solidated Copper and Silver Mining com
pany and ]. H. Vivian and c. r. Davi
nv reason thereof are each separated.
and severally guilty Of a contempt of thl
. court.
ut is therefore further ordered, ad
Judged and decreed that for said con
tempt the said Boston & Montana com
H. Vivian pay a fine of $500, and the sal
c. R. Davis pay a fine of $500 forthwith
to the clerk of this court.
Il "And it is hereby ordered that in de
a fault Of the payment Of his said fine b
either Of the said Vivian and Davis, h
be committed and imprisoned in tn
county Jail OF Silver Bow county, Mont
until said fine is paid or satisfied; an
that upon default of the payment Of sal
fine by the Boston & Montana ompany
IL. H. Vivian, c. S. Batterman, Fran
Klepetko and G. NJ. Hyanls, officers an
agents of said company, be committe
to said county Jail until said fine is pait
TT is ordered that l.. O.. Evans, job
F. Forbis. William H.. Dewitt. c.. s.. Bat
terTnan, j. II. Miles and 3. II. Dunshe
be discharged from the charge OF cor
tempt pending herein against them.
I'm default of the payment of the fine
herein adjudged and ordered, it is order
ed that the clerk Of this court fOrthwit
issue to the sheriff of Silver Bow Dun
a commitment in accordance with tn
judgment.
1T is also ordered that the said re
spOndents pay all costs in these conteml
proceedings to the plaintiff in said al
w ton"
so 1t will be noticed that the court mac
no reference to Richard Dave, ais
W charged with contempt. Mr.. Dave Sc
90 in one Of the chairs in the jury box an
when his name was not mentioned
looked disappointed and winked at or
Of the wall signs bearing the Inscription
Ten dollars fine for splitting on the foo
This means YOU"
He was just preparing to expcctorat
On the carpet when Attorney Scallo
called the judges attention to the fa'
that Mr.. Dawes name had been omitte
THAT is true said the judge. IN
Dave is discharged" and the clerk mao
an entry in accordance with the remarl
Within half an hour after the decisio
had been rendered three checks for s.
each had been turned into the office
the clerk of the court by the three r,
Each was made payable to the clerk
Il tho ca,,pt aud Was 6r2 Wn nm a 6iHQrQI