Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-04-29
GOES OVER AGAIN
Judge Clancy Has Not Yet
cooled Down"
SUFFICIENTLY TO HEAR
The Contempt Proceeding in the
Boston & Montana Case
New Suits

Contrary to expectations, the contempt
proceedings in connection with the recent
legal battle fought in Judge Clancy's
court over the appointment of a receiv-
er for the Boston & Montana c~ompany's
property did not take place today not
withstanding they were scheduled. When
the matter was reached, Judge Clancy
announced that he would contiue it until
next Thursday as he had been too busy to
give it the attention it required. No OPP
position to the postponement was made.
The Boston & Montana Mining COM
pany has commenced proceedings in the
district court to prevent the Montana Ore
Purchasing company, William Kidney
and Max Schultz from alleged trespass
in the northeast part of the johnstoWn
claim. and also for an accounting for the
value of ore alleged to have been extract
ed by them and carried away. TIL plain
tiff says in it's complaint that it owns the
property, but on March 1 of this year the
defendants entered it via the Rarus at a
depth of 500 feet beneath the surface and
has been taking the ore since that date;
that the trespasserS have excluded the
plaintiff from the property by refusing
to allow its agents to enter: that nom of
the defendants have any right, title or
interest in the claim, but on the other
hand are naked trespassers.
The plaintiff asks for an order %enjoin-
ing the defendants from further alleged
en~croachment; for an accounting of the
mineral taken and that they be compell-
ed to show cause in court why such an
order should not be granted.
Ellen M. Brooks began suit for divorce
today against her husband, Robert
Brooks. She alleges in her complaint that
the marriage of the defendant and her.
self took place in Littleton. Cal. March I,
1894: that on the 22d of last month, at No.
Sc West Park street in this city, he gave
her a severe beating and accompanied it
with thc use of vile language.
The basis for the action is alleged
cruelty.
The argument over the demurrer in
the case Of the State against John
O'Donnell, charged with forgery, took
place in department No. 2 today. The
attorney for the defense maintained
that the Information against O'Donnell
was faulty because it failed to show that
the man whose name is alleged to nave
been forged had money coming to him
from his employer. They claimed that
in order for the state to make out a
case of forgery it would be necessary for
IL " SIloN llldt it IldiI ; GlllplOA Ell owed
him money; otherwise the charge could
not be made stronger than that of OBJ
tanning money under false pretenSes. In
support of this allegation they produced
what they said was an "unbroken chain
of authority, reaching from one side of
the continent to the other The judge
took the matter under advisement.
Bertha McClelland of 1884 South Wyo-
ming street has lost a lot of household
goods and suspects somebody at 1886 of
having them in his possession. This
morning she called on the county attor-
ney and asked for a warrant granting
her the legal right to search the house in
which she thought her property might
be. She swore to her belief and chief
Deputy Kelly gave her an order on jus
tice Bliss of South Butte for the war
rant
Emanuel Lee has asked the district
court to appoint a receiver for the brick
making business of himself and partners.
Augustus Smith and Mace Mattingly,
and compel the latter to render an ac-
counting of the condition of the business.
In his complaint he alleges that on May
| of last year a co-partnership, consist
ing of Mattingly. smith and himself. was
formed; that the firm engaged in the
manufacture of brick; that since then
the defendants have appropriated firm
money TO lnGlI own use ana refused to
allow him to examine the books. He also
says they threaten 10 dispose of the bust
ness and win carry out the threat unless
restrained by the court: that the firm is
indebted to the extent of $500, and he be-
lieves it is insolVent. Judge Lindsay has
issued an order temporarily restraining
the defendants from disposing of the
property. 1t VIII be heard May 6.
Frank Britton has been, granted leave
by Judge Lindsay to sell the personal eff
fects belonging to the estate of A. c..
White. The property consists of a stock
Of hardware. BrittoD is the adminIstratO
and in his petition says the stock is rap
idly diminishing in value.
The Butte & Boston Mining COMPANY
has instituted a suit in the district court
against the Montana Ore Purchasing
company. T. Augustus Heinze, Arthur p.
II Nav Seem