The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-15
ARE STILL AFTER kenyon
An Action Begun Against Him
at Syracuse.
IT'S AN EXPLOSION. CASE
"A Suit for $50, 900 Damages Begun by
John r. Lewis-Objection Filed
to Items in the Report OF
John Fl. Leyson.

f.
interests in Butte and left the city he
probably thought he had heard the last
of the explosion damage suits, but the
victims of that great disaster are still
after the officers and stockholders of
the Kenyon Council Commercial COM
pany, and an action for $4,000 damages
has just been instituted against Mr..
Kenyon at Syracuse, N. Y, his present
home. by John A. Shelton, attorney for
John r. Lewis, whose son. Thomas J.
Lewis, was killed in the dynamite ex-
plosion. The suit is brought against
Mr.. Kenyon, as it had been against Mr..
Cornell in Butte, on the ground that
as an officer and director of the COM
pany he was personally responsible for
the results of the unlawful storage of
powder in their warehouse.
Ellen S. Cornue, plaintiff in the suit
against Henry A. Root and others, III
which John H. Leyson was appointed
receiver. filed objections yesterday to
certain items and statements in the re-
ceiver's report. Objection is made to
the request of the receiver for permits
sion to file an oath and bond as of the
date when it should have been filed for
the reason that the suit has been dis
continued by the filing Of a praecipe and
because all the acts Of the receiver as
such have been done and the court has
no authority to allow him to file a bond
to cover past transactions or nunc pro
tune. Objection is made to the allow
ance Of any compensation to the re-
ceiver for the reason that he failed to
qualify in accordance with the terms
of his appointment, and the plaintiff
objects to the allowance of certain at
torneys' fees, particularly to the en-
ployment by Mr.. L4eyson Of Forbis &
Mattison for the reason that the latter
are attorneys for some of the defend
ants and We're therefore incompetent to
be appointed or act as attorneys for the
receiver. Objections are also made to
certain leases on mining property given
different parties by the receiver because
he was not appointed with any author
ity over the property leased, and the
payment of taxes, on certain property |
made by Mr.. Leyson is opposed for the |
reason that the property was not in |
cluded in the suit. and Mr. Leyson was |
never given authority or jurisdiction |
over it. The receivers report had been |
set for hearing yesterday, but both the |
report and objections went over until |
next month.
Judge Clancy yesterday heard the
plaintiffs proofs in the divorce suit of |
Mary A. Springer against W. A |
Springer and granted her a decree. She |
testified that they We're married in Colo
RADIO on May 81, 1897 and that the de- |
PENDANT has contributed nothing to her |
support since year Sago81ast May. She |
said he had always been able to support
her, as he was an able-bodied man and |
owned property in Colorado, but that
he devoted all his time and money TO
drink. Mrs. Springer said she has sun
ported herself by working for other
people.
A transcript in an appeal from a JUS
tice court in a case of the Journal |
Printing company against Jacob Sa-
blotZky, g. suit over a disputed adver-
Using and printing bill, was filed in
court by the defendant yesterday The
suit was brought on difference of S.
and the plaintiff got judgment in the
lower court.
The defendants in the case of Tim
othy Murray against Kleinschmidt e.
Bro filed a motion yesterday to modi-
~ the judgment so as to stablish the
obligation of the defendants at $35, 45O
on account of the principal and $500 for
attorneys fees.
The defendants in the Silver King
mining case yesterday made application
to the court to dissolve the Injunction
and restraining order in the case. The
Wednesday evening.
CarrieLaWrence. the 15-year-old girl |
who ran away with a peanut butcher
and was brought back from Helena
under arrest, was released from Gus
tody yesterday and the charge of in
corrigibility against her dismissed on
motion of Chief Deputy County At
torney Kelley. who stated to Judge
Clancy that the girls parents now re-
fused to prosecute her, and that with
out their testimony it would be impos-
sible to convict.
BY consent of the county attorney the
bond of Eugene Mellier, charged with
grand larceny, was reduced from $500
to $4,000 and a new bond with James
H. Lynch and NJ. V. Conroy as sure
ties was offered. but Judge Clancy
would not wait to have the new sure
main in the custody of the sheriff until
Monday.
Testimony was offered yesterday in |
the case of James Terry against C. S.
Jackman, administrator of the estate
of Sarah Terry. deceased, but Judge
Clancy refused to hear it. Terry sued
to regain possession of the title to a
city lot which he claims he had decided
to his wife in trust during her life
time. The other interested person was
his minor son, for whom the court
was asked to appoint a guardian ad
Item for the purposes of the suit
Judge Clancy said that in his opinion
the minor could not waive any inter
est he had in the property until of