Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-27
MATTERS IN
THE COURTS
Joseph Shafer Still Has a
Fighting Chance.
HIS ATTORNEYS GRANTED
An Extension of Time In Which 70
Prepare Their Motion For
a New Trial.
HIS ATTORNEYS GRANTED

ored man who stands convicted of the
murder of John Hawkins, and must die
on the gallows unless he succeeds IN get
ting a new trial or executive interfer-
ence. were plying about the court house
this morning in search of some one
legally qualified to extend the time al
lowed them some weeks ago in which to
prepare a bill of exceptions and state-
ment on motion for a new trial for their
client. They asked for fifteen days and
got it, Judge Clancy signing the order.
The other period expired today, which
fact made it necessary for them to Sc
cure the extension. When Judge Clancy
adjourned his court yesterday it was de-
cided to not convene it again until Sat
urday. and he was therefore hard to find
before breakfast this morning.
The Butte & Boston Mining company
applied to Judge Lindsay today for an
order authorizing it's representatives to
make a survey of the underground work.
ings of several mining claims in the VI
cinity of Meaderville. Among the claims
are the Rarus and Snohomish. The Nom
tana Ore Purchasing company and F..
Augustus Heinze and Arthur P. Heinze
are named as defendants, and to them
an order to show cause was directed by
the court. 1t was made returnable
May {
A transcript of the testimony in the
case of the state against Jack Ledford.
charged with having kicked four real
teeth from the mouth of Agnes Stephens
on the 18th of March. was filed in the
office of the clerk of the district court
today. Some of the testimony given by
the complaining witness is as follows:
MY name is Agnes Stephens. I live
-. ~ IJ~1I- 1-4 ~~ ,l~ fl
March was residing at ~ East Mercury
street. l know Jack Ledford. On March
10 he was at my house. He ordered a
bottle of beer and it was served and
afterwards he kicked me in the eye.
First he said l had sighted him. He
called me vile names and [ told him he
should not do it: that | was not saying
anything to him. He blackened my eye
and the other girls interfered. He quit
| for awhile and then started again. He
hit me with a beer bottle, knocked me
down and kicked out four of my teeth,
! roots and all. The beer bottle struck
me on the head and cut a cash. Ruby
Dunbar and Rose Adams were witnesses
to the assault"
The testimony shows that at this point
in the proceedings the girl planked four
teeth down on the table in front of her
and they were marked exhibit A.
The hearing of the order to show cause
in the matter of the Washoe Mining COM
pany against Michael Hickey and Others
in connection with the working of the
Nipper lode claim and the alleged unlaw-
full extraction of ore from the Odin claim
through the Nipper shaft was resumed
in Judge Lindsay's court this morning
Quite a nun1be of mining engineers We're
present in the capacity of witnesses and
experts on the geological formation
of the mineral zone OF this district anC
its various dips, spurs and angles. Thf
proceedings confirmed a confederation o
questions and answers relating to tht
vein which the plaintiff in the action al
leges does not have its apex in Odil
ground. which allegation is disputed b.
the other side. Strikes" and Shoots
: interspersed with magnetic courses
and various other terms used in the de
scription of mining properties were dwell
3. upon. Every bit of the map used in illus
trating the location of the crosscut.
levels, dips, raises, wines, shafts, or
bodies beneath the surface and railroa
lines on the surface was perfectly clea
to the engineers and attorneys that ha
studied it, but to the one not familia
with such work it was rather an intricaI
proposition.
le John Gillie was the first to give test
- mony at the morning session.
=" The whole matter ahmed up is abol
: as follows: The men who are WOrkin
' the Nipper have, it is claimed by tt
-, Washoe company, worked into obi
- ground beneath the surface of the cart
~ The Washoe people ask the court to issl
an order restraining the lessees from tt
alleged encroachnent. On the othf
hand the NipDer people claim that tt
vein on which they are working has i
lie apex in Odin ground and therefore the
have certain lateral rights in p~ursuir
no it's course.
Attorney Roote presented to Juds
Lindsay this morning the petition
Daniel Shields asking the court to reVol