Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-05
AffidavitS Filed in the Minnie
Healy Suit.
SALE OF NIPPER LODE
For the Sum of $132,5OO to the
HeinZeS-Other Court
Matters.

Rollin Hall, receiver of a two-thirds
interest in the Tramway lode claim, be-
longing to the Boston & Montana Con-
solidated Copper & Silver Mining COM
pany, has filed an affidavit in the case of
Miles Finlen VS.. F. Augustus Heinze ct
al to the effect that workmen in the en-
ploy of the defendants have been mining
and extracting ore within the lines Of the
Minnie Healy lode claim lying to the
north of the Tramway lode, claiming
what is known as the northeast drift from
the Rarus and extending through a por-
ton of the Tranlway lode claim and
within the lines of the Minnie Healy
lode claim.
Miles Finlen, the plaintiff, has also filed
an affidavit in which he recites that in
July of this year the court issued a per-
manent injunction restraining the de-
PENDANTS from working INTO his claim.
He states that according to information
and belief the defendants have not obey
ed the restraining order, but have will
fully ~disobeyed the same. wherefore he
asks the court to issue herein its order
directing the defendants to appear and
show cause why a warrant of commit
meHI SHOulu not pe granted IOr contempt
OF court.
Michael III. Hickey, Edward Hickey and
Maggie Hickey, his wife, John NJ. Stew
ard and Emma NJ. Steward. his wife. have
sold to F. Augustus Heinze a thirty-one
thirty-sixth interest in the Nipper quartz
lode for 1885,, 500. The instrument Of con
veyance, filed in the recorders office, is
decorated with $3.50 worth Of United
StataS rayQnl1p CT
70 secure the payment Of the money,
Mr.. Heinze has given two one
to John M. Steward, the other to Edward
Hickey, for $4,000 and $55, 900, respective
~, which is the balance due.
Stephen H. Northey has filed a notice
of location in the recorders office Of a
lode claim to be known as the Fairplay
lode. It is described as being situated
about one and a half miles in a southeast
erly direction from the old town of High
land, and about 700 feet in a southerly
direction from the old Ballarat mill TO
discovery cut. The mine contains gold.
The coroner's reports on eleven in
quests for the month of September We're
filed in the office of the clerk of the dis
trict court today. The names contained
In the reports are: Joseph H. Richards,
Phil Carr, Patrick Conelly, Alphonse Mi
lot, C. S. Nealis, Miss Mary Burgess.
Thomas Cartwright, Charles G.. Hood,
Marks, James A. Shannon and John Sex
ton.
The motion Of appellant in the case of
the State of Montana versus S, NJ. Nixon
to reinstate the cause on the calendar
has been denied. Nixon, Who was found
guilty OF libel and sentenced to one years
Imprisonment, must now submit r. the
inevitable, unless his petition just start
ed, which will be presented to the gov
ernor asking for a pardon. has the de-
sired effect. :
Robert Edgren, one Of the defendants
In the case of William THOMPSON versus
Charles Nystrum and Robert Edgren,
partners in the Model Steam laundry
filed a motion to-day to strike from the
files in this action the affidavit submit
ted by the plaintiff in resistance of his
motion to set aside and discharge the
order of arrest heretofore made. on the
ground that the statements therein con-
tanned are irrelevant, incompetent and
lmmaterial as regards him. and relate
solely to Charles Nystrun, his co-defend-
ant. He also states that the affidavit
fails to show any c~onnivance, conspir-
aay or knowledge on his part, or any
intention to conceal his property or con-
vert 1t into cash or of absconding from
the state of Montana for the purpose of
defeating or ~defrauding his creditors or
the creditors of the partnership.
Proof OF publication of an alias sum-
mons in the divorce case of Marie
S%chrepfer versus Hugo Schrepfer. has
been filed by the plaintiff. The ground
OF the complaint is cruelty.