Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-11
The City and One Of Its Agents
the Accused.
SUIT FOR 81, 1OODAMAGES
Results From the Performance
Blumkin Wins the Suit Against
Him--Other Court Notes.

James Terrell and the city of Butte to re-
cover judgment for $2,100, in which
amount they allege in their complaint
they have been damaged by the destruc-
ton of the Sidewalk at the west side of
lot II block p of the Original Townsite
of Butte on or about the LIST of the month.
The complaint contains three separate
causes of action-one demands Judgment
for 500 for the actual damage to the
walk, one asks for 81. 900 for the act of de-
stluction and the other seeks to recover
an additional 81, 900 for the inconvenience
the destruction has caused the tenants of
the property. 1t also states that the de-
PENDANTS on the date named unlawfully,
maliciously and with intent to injure
plaintiffs chopped, sawed, broke and de-
stroyed the walk.
Fred Scheuer, who is suing his wife for
the return Of some property which he al.
leges she is holding in trust for him, has
field a reply to her answer. In the dOcu-
ment he denies generally every allega-
ton made by her, but makes none of
them specific.
On the accusation of w. w. Penning-
ton, the county surveyor, complaints
charging Timothy Harrington and Tim
othy Leary with the maintenance of pub
lie nuisances were issued from the coun-
ty attorneys office today and filed in JUS
tice Bliss court. Harrington is accused
of having built a shed on one of the public
highways of the Belle of Butte addition,
and Leary's offense is a stable similarly
situated IN Topaz street Of the Blackfoot
addition.
1t now looks as if the injunction pro-
ceedings brought by the Montana Ore
Purchasing company and the Johnstown
company to perma nently enjoin the Bos-
ton & Montana and Butte & Boston COM
panies from sinking two shafts for the
purpose of demonstrating the course of
the ore bodies in the Johnstown, Rarus,
Pennsylvania and Michael Devett claims
on the copper belt will be settled without
much further litigation. The hearing of
the matter was commenced in
Judge Clancy's court yesterday, but af-
ter a short session an adjournment until
today was taken. The hearing was re-
suned this morning. but before it had
proceeded far rumors Of a compromise
began to fly as fast as sparks from a Ro-
man candle and when a given point had
been reached the expected announcement
was made. 1t was simply to the effect
that in view of the decision recently
made by the supreme court touching
upon things virtually embodied in the
present case an amicable adjustment of
the matter before the court was not a
remote impossibility. Attorney Scallon
acted as spokesman for the defendants
and among other things stated that if the
matter could be so arranged that the
work of sinking the shafts mentioned
would not be interfered with they would
not resist the injunction. 1t appeared to
him. he said, as though the decision Of
the supreme court covered this point. He
asked for an adjournment until tomorrow
morning in order that they might have
time in which to discuss the matter
among themselves, and it was granted
by the court.
Harry Blumkin was given the verdict
in the suit brought against him by Mrs.
Susan Mitchell to recover possession Of
some household jewelry or $500, it's al
legged value. The case went to the jury
last evening, but it was so late that be-
fore retiring the judge instructed the IL
men to seal the verdict and hand it to the
clerk. 1t was opened today, and a poll
Of the IL afterwards showed 10 in favor
of and two against it, the two being
Henry Thoma and Peter McDermott.
The property in controversy had been
pawned to Blumkin by Julia Wilson. a
daughter of the plaintiff. in 1897, and the
plaintiff sought to get it back again on
the ground that it belonged to her inc
not to the daughter.
The suit brought by the city against
Sidney Pankey and others to secure pos
session of some property needed by the
plaintiff in it's business was dismissed by
the city attorney in Judge Clancy's court
his morning because the ordinance UNI
der the provisions of which it was insti-
tuted has been changed, but a new action
was at once commenced.
Charles PiersOn was fined $25 and costs
by Justice Nichols last evening for hav-
ing, it is alleged. taken a car wheel be-
longing to another and converting it into
junk. The defendant is only a boy. A
short time ago he was tried in the district
court on a charge of receiving stolen junk
goods, knowing them to have been stolen,
but the jury acquitted aim. At the trial
yesterday he was represented by his
father, who HANDLED the case we'll, con-
sidering his experience in court work.
The boy maintained that he was not
guilty.
Justice Nichols issued a warrant today
for the arrest of w. J. Magill and j. Rear
don, plumbers, IN a charge of assault in
the third degree on James Small. The
complainant first told his story to the
county attorney. He stated that there
were two wings of the Plumbers union
in the city. and he belonged to one. while
Magill and Reardon held a membership
in the other. There was i'll feeling b>%
tween them. Or Sunday he was at the
ball grounds and Magill and Reardon
were also there. Words were exchanged
and they, Magill and Reardon. assaulted
him. They knocked him down, he said,
and then kicked a section of his ribs