Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-14
Testimony in Rebuttal Now to
Come.
OTHER COURT MATTERS
Both Departments In Full Blast
Judge Lir dsay In the United
States Room.

The cross-eXaInination of Clarence
King, the last expert witness in the big
mine suit. was completed today. but
Mr.. King was not excused. The defend
ant had some more direct questions it
desired to ask and the witness was re-
quested 20 keep his seat. After Mr.. Pat
,e1son had p~ropounded a few questions,
Attorney Hughes, for the other side, took
the witness into his confidence and pre-
vailed upon him TO give the result of
tests Of rock made by him.
A statement OF the sum Of money al
legged by Robert j. Lewis to be due him
from Howard Paschal. formerly a resi-
dent Of this city. but now of Iowa, was
submitted to the court today. The orlSi-
nal amount was 500, but the total sum.
according to the statement, is now $l.2l0,
interest on the original having made the
difference.
In the suit of James H. Maloney and
others against Silas +. King and others,
a matter concerning the Silver King and
Plymouth mines. the defendants gave no.
tice today of their intention to move for
a dissolution of the injunction and re-
straining order recently issued by Judge
Clancy in connection with the working of
certain parts of the Silver King pending
a determination of the suit. The motion
will be made at s p. m. e Wednes-
day.
The Meaderville Mining and Milling
c~ompany's officials nave been ordered to
appear in Judge Iindsay's court at 2
o'clock next Saturday and show cause
why the petition of the Boston & Mon
tana mpan for an order OF survey
should not be granted.
In the suit of Ellen S. Cornue VS.. Henry
A. Root and others the plaintiff filed in
court today a list of objections to the
request for allowance made John H..
Leyson. administrator of the estate OF
A. j.. Davis. She says she objects to the
request of Mr.. Leyson TO file an oath on
bond because the suit mas been discon-
tinued and all acts of his in the premises
have been done and cuted, and there
is no authority in the court to allow him
to file a bond to cover past transactions.
She objects to tho allowance of his com
pensation for the reason that he failed
TO qualify in accordance with the order
by which he was appointed. and objects
to his payment of $50 to b. S. Thresfer
because hn had no authority over the
street property graded: objects to the
proposed lease on the dump of the Gem
lode mine and to the allowance of taxes
assumed to have been paid by him on
property in Lewis and Clarke. Gallatin
and Jefferson countless: objects to the al
ioWance in connection with the location
of the Raltic lode extension without the
tender of a conveyance of the Baltic to
the parties 70 the suit. Plaintiff further
objects to the employment of Forbis &
Madison because, she alleges. they are
attorneys for some Of the defendants in
this suit.
The hearing in the matter Of the pro-
bate of the will of the late Thomas Stees
w a c n n " m n rhl 11f,,1 Il
III the United States court room today,
put owing to the fact that an objection
to the admission of the document had
been made by the daughters of the de-
ceased and an answer to these objec-
tlons haa not yet been made. the case
was continued generally after some tes-
timony had been taken. There are two
wills, one OF which was executed by Mr..
stees in 1890 and the other last March.
IN the first the property, valued at about
Sl,sa'; was left to the stepmother of the
daugnters. she to have and hold it all
until her death. when it was to be divided
among the daughters. The last will pro-
Vided that the stepmother of the girls
should have only the rents and profits !
Tor three months. and then the daugh-
'ers should nave the property. The first
Will named NJ. c. Riley. c. S. Shoemaker
and y, J. York as executors; the second
william p. Carroll, but Mr.. Carroll re-
fused to act.
n'n the oflSlnal or nrSt will was pro- !
duced in court today T. j. Booher stated
tn the signature on the will was that
OF MI. Stees and that at the time it was
written the writer was of sound and de-
posing mind. He had asked witness to
Yer1y the document. The transaction
had taken place along about 1889 or 80.
NJ. G. Riley, one of the executors
named IN the will, said he did not re-
member the date OF the will, but the |
circumstances of its birth were fresh in
his recollection.
This was about all of the proceedings
save the objections Of the daughters
were produced and offered Nv Cor'
nelius F.. Kelly.
Before taking up the PENNSYLVANIA |
Hen case TINS morning Judge Clancy Of
at the ceremony which sepa-
rated Mary NJ. Springer from w
springer. Non-support and desertion
We're the allegations upon which the de-
cree was granted.
Laura Willard was granted a decree Of
ulNofce from Frank Willard in Judge
1'ndsay's court today. Failure to sun
port was the basis for it. the plaintiff al
leging that for eight years she had sun
ported herself by washing and working
s o. me day. while her husband spent
MS money for drink.
IN me matter of the estate of Frank
stephens, the rejected claim for 800 pre-
santed to the administrator by DR.. G. W
monroe for professional services a1leoed
70 have been rendered by him during an
Illness of the deceased, and which claim
was afterwards assigned to DR.. r. y.
Evans and by him sued on in Injustice Bliss
court. was brought up in Judge Lird-
safs court today in the shape of a petit
ton from Mr.. Evans for the allowance of
a Judgment obtained in the justice court,
The question of jurisdiction of the lower
rourt was raised and Judge Lindsay took
Inc matter under advisement.