Daily inter mountain., 1899-10-10
IN A MINE
One Man Assaults Another With
a Drill.
A CUT TEN INCHES LONG
Made By a Blow From the Weapon
Judge Clancy Held Night
Session.

ONSoAOAs
One Of the lower levels of the Specu-
lator mine was the scene of an assault
Yesterday afternoon and it was of such
a serious nature that one OF the sherliI's S
deputies is making strenuous efforts to
capture the assailant, who is said to be
a Swede.
The man assaulted was W. c. Murray,
a miner. The SWede, whose name is not
known to Murray, and his victim were
performing a job of work when dispute
arose between them. One word was fol-
lowed by another and it resulted IN the
gentleman from Sweden striking Murray
several blows with a steel drill about two
feet long. When the first blow was
aimed Murray attempted to get out of
reach and the bit Of the weapon caught
him on the left arm near the shoulder.
The weapon fell with such force that the
flesh of the arm was cut ODen ten or
twelve inches downward. The other
blows fell on Murray's head and inflicted
bad bruises. Had it not been for the in
| reference of other men it is just pos
sible that the result Of the fracas might
have been more serious-perhap fatal.
After it was all over Murray went to the
; county attorneys office and swore to a
complaint charging his assailant with
assault in the second degree. He was
such frlghtful sight that Deputy Roy
5. Alley to whom the wounded man told
his story, lost no time in issuing the COM
! plant.
| Later in the evening it was rumored
| that the man who committed the assault
had drawn his time and taken a walk
Whether this allegation was based on
i G ~, tc, 1y,,
to a late hour today the man wanted had
not been apprehended.
Henry Davis applied to the county at
! torney's Office today for a complaint
charging a friend of his with petit lar
ceny. He was somewhat foggy at the
time and was told to return again after
he had taken in his top gallant sail. In
laying the charge before Chief Deputy
Kelly, Davis stated that last night he had
come up town and bought his wife new
hat. On the way home he met the friend
and they stepped into a saloon to liuuor
up. By and by he was overcome by the
effects of the wine and while in that con-
diton his friend had relieved him of the
/ hat and disappeared.
| An answer tothe suit brought by W.
A.. Clark & Bro. against John Caplice,
John Brannagar and the administra tor
Of the estate of Fred W. Caplice, has
been filed in the district court The
amount involved is $l55,237, which the
plaintiffs allege is due on promissory
notes. In the document the defendants
allege they owe plaintiffs only $4,000:
that the balance sued for is illegal and
consists of compound interest inserted in
the notes without the consent of the
makers of the notes and without any con-
sideration. Further, the plaintiffs allege
that on December 30, 1893, the co-part-
nership designated as John Caplice & Co.
executed and turned over to the plaintiffs
six promlssory notes of an aggregated
value of SSO,Oo0 that no consdera ton
save the indebtedness ever passed The
defendants deny the allegation of the
complaint to the effect that only $40, 900
of the Indebtedness has been paid, but
aver that $61 ,365.16 has been paid.
The defendants further allege that on
/ July 20, 1894, they entered into an agree
ment with the plaintiffs by the terms Of
which they. assigned to plaintiffs 1000
shares of the capital stock of the John
I!Capllce company to secure the indebted
ness. and since then plaintiffs have been
IN possession of the stock and property
of the company and have been conducting
the business of the company. BY the
terms of the agreement defendants say
the plaintiffs have had the right to col
lect the profits of the business and apply
them, on the Indebtedness. Defendants
say they have been informed and believe
an amount sufficient to pay the entire in
debtedness has been collected by the
plaintiffs, but the books are in possession
of the plaintiffs and an accounting will
be necessary to reveal the true conditions
of the business.
The court is asked to order an ac-
counting and declare the plaintiffs en-
titled to Judgment for no more than
$4,000. with the legal rate of interest.
from December 80. 1893.
| Judge Clancy held a night session of
court last nipht for fha Of !,
ing an order to show cause in the con-
Gemnation suit brought by the Montana
Ore Purchasing company against the
Butte & Boston and Old Colony Trust
company to condemn 81 acres of ground
near It's concentrator as place for de-
posting tailings. The suit was insti-
| tuted under an act passed by the last
legislature giving private persons the
right to condemn property for dumping
purposes for mills and to faclit ate min
ing operations when such operations are
! considered beneficial to the public The
plaintin asked the court to appoint three
commissioners to anpraise the value of
the ground, but when the matter was
called up for adjustment Attorney John
F'orbls, representing the defendant, pre-
sPnted demurrer. In the document the
| question as to whether the ground sought
te be condemned could be considered as
necessary Cor the use of the public was
raised and argued resulting in the Judge
| oNerruling the demurrer.
/ The judge held that Mr.. Heinze's re-
duction works We're a public benefit and
| that the proceedings to condemn were in
keeping with the letter of the law
| The hearing was not finished last night
This evening testimony to show that the
ground is needed by the plaintiff will be
| submitted.
%He/S/>/<<ts~<Nf>bNy ysfN<AAA~a>s><AA%e