Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-03-22

company.
In the matter Of the petition of Cyr
Pauwellyn for leave to lease and bond
the Balaklava and Burke mining claims,
Judge Lindsay today granted the petl-
ton.
The document sets forth the following
facts: That the petitioner is the execu-
Tuohy: that the devisees, legatees and
heirs are Joseph Mcfarland of Butte,
Mother Josephine of the Sisters of Char
ity Of ~Leavenworth, KAN for the or
phans' home at Helena; Rev. Father
O'Dea of Oregon for st. Joseph's Eccles-
~iastical society of Portland; Daniel
Shields of Butte, Thomas Mclaughlin of
Deer Lodge county, John B. Brondel,
James Connors, Nora Rice Ghe latter of
Tacoma), Mike GILBERT and Hugh Nc
Laughlin; that the postof1lce address of
the last named is unknown to the petl-
toner; that petitioner is also named as
residuary legatee In the will; that the
estate is largely indebted by reason of
claims that have been allowed against it;
that it is without funds, there being no
income; that petitioner is compelled to
defend important lawsuits against it, and
they are a constant source of EXPENSE;
that the estate is indebted in the sum of
$40, 900; that besides the lease petitioner
desires to bond the property for sec, 900;
that petitioner has reason to believe that
the option, if given, will be taken up
within two years.
A copy of the lease accompanies the pc
tition. 1t shows that JOhn Britt. D. J..
Ryan and c. J. McSherry are the men to
whom the executor proposes to lease and
bono the property for two years.
Betsy Nelson and Guss Hass, heirs to
a portion of the estate of Susan Hess,
! deceased, have petitioned Judge Lindsay
for n Oa VT t1j iii ct rjhltIOp IF tho nrnpnrty
at issue. The matter will be heard at 2
o'clock, April /.
In the condemnation proceedings of the
county commissioners against Marcus
DAILY and John A. Leggat in connection
with the rOposed absorption by the coun-
ty of the vacant ground which adjoins
the court house on the west, Judge Lind
say has ordered a continuance OF the Or
der to show cause until 10 o'clock tomor-
row. The order for the continuance was
made this morning at the request of the
county attorney, who stated that the city
claimed an interest In that portion of the
ground to which Leggat holds a mine IT,
tie and the matter would be discussed
and a line of action decided upon at a
meeting of the city council to be held this
evening.
Leggat is still sinking a shaft on his
end of the ground, and is reported to
have struck a ledge Of ore that assays 4e
ounce in silver and S. in gold.
Mary Madigan, who has commenced
proceedings in the district court to have
the probate of the will of the late James
NJ. Reilly revoked, has demanded thai
the matter be determined by a jury. She
is a sister of the dead man and alleges
) that at the time Reilly signed the alleg-
ed will he was more dead than alive and
therefore knew not what he was doing.
that his action was the result of pressure
brough. to bear upon him by Mayor Har.
rington and his wife at whose house hi
resided.
In the $500 damage suit of o. N. Perry
and John e. Lloyd VS.. the Butte Butch,
ering company the defendants have filed
an answer denying that plaintiffs have
been damaged in the sum named by rea,
son of defendants occupancy Of the jim
Kare quartz lode claim. Plaintiffs claim
ed a rental Of $40 per month. but the de
fendart says iD the answer that the lans
is worth only $40 a year, which woult
make $50 for the time the plaintiffs alleg,
the defendant has occupied it.
Judge Clancy signed the committmen
today in the case of the state VS.. Hugl
Downey. II years old. who was adjudge,