Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-08-30
HE DID NOT SKIP
And is After Those Who Said
He Intended to Go. .y
- ~
ASKS FOR ONLY $4,000
The Amount of the Indemnity Bond
Move in the Opera
House Suit.

II. r. Walker is suing A. H. Taylor,
c. L. Woods, NJ. C. Harris and T.. J. Will
son to recover judgment for $500. In his
complaint he alleges that on the 26th of
| this month Taylor and Woods caused to
be issued from Justice Harrington's
! court a in an action in which
| Taylor was plaintiff and he defendant,
the document being founded on an ac-
count held by Taylor against plaintiff
for goods valued at $3.50. sold and de-
livered to this plaintiff; that Taylor and
Woods conspired together to intimidate
and n this plaintiff and for the pur-
pose Of causing his arrest Woods filed an
affidavit in the justice court in which 1T
was stated that this plaintiff owed Tay-
lor the money mentioned; that he had
converted his property into cash and in
ended to leave for the south on the 1
o'clock train; that Taylor. Harris and
Wilson signed a $500 bond, undertaking
on arrest to insure the defendant against
damages, and this plaintiff was then ar
rested.
Walker further alleges that the hear
ing took place in Justice Harrington'S
NtoiN = 49, AiAS 49, N"N JoS
tice granted a motion to dismiss the ac-
ton on the ground that there was no
evidence to sustain the allegations set
forth in Woods affidavit; that the justice
vacated and dismissed the order of ar
rest: that from 6 o'clock in the evening
of the 26th until II o'clock yesterday this
plaintiff was deprived of his liberty, be-
ing under arrest. and was prevented
from attending to his business; that his
reputation has been thereby damaged
and he has suffered humiliation and dis
grace to the extent of the amount Of
the indemnity bond. Besides the $500 he
asks to be given Judgment for the costs
of the suit II $50 with which to pay his
attorney.
F. NJ. Alexander and j.. N. Alexander
filed their answer today to the suit
brought against them by Thomas Nc
CURE. They deny that between Novem-
Der 1, 1898. and April 10 of this year Nc
CURE performed labor and furnished
them building material of a value of
s.. Dps. s.. or any other sum greater than
s2,271; deny that they agreed to pay him
any sum greater than $2.325, and allege
that the labor and material furnished did
not exceed the value of s2,27l; deny that
they still owe him s23S.1A or any other
sum-. Defendants allege that the plain
tiff did not perform the work to their
satisfaction; that he plastered the build
lng in such a careless and negligent man
ner that the plasterlng cracked and in
places fell away, and it will cost them
$40 to have it repaired: thu, he also put
up a defective stove. with the result that
the smoke entered the rooms and discol-
ored the walls, damaging them to the
extent of 81; that plaintiff failed to
finish the structure within the time for
which the contract called. and they We're
consequently deprived of the use Of it
for ~ a We IN thnir n mo o,= - ~ .,,-.
OF $50. Defendants close their answer hy
demanding judgment against Mcclure
for 5000.
In the matter of the estate of Stanis-
laus II. Hirbour, the administrator. Del
phis j. Girard petitioned the court today
to be given permission to represent the
Ennis lode claim, in which Hirbour
owned a quarter interest. He also re-
quests permission to paint and repair the
building on lot q of block %, which be-
longs to the estate.
Attorney Charles O'Donnell notified
the court today hat the defendants in
the suit of w. A. Clark & Brother against
the Grand Opera House company and
others intended &c make a motion to set
aside the findings of the court and judg-
ment entered a few days ago in favor of
plaintiffs grant a new trial on the
ground that the proceedings We're irreg-
ular: that there is some newly discovered
evidence: that the damages appear to
have been given under the influence of
passion and prejudice. The motion is ia
be based on ~affidavits to be prepared
later. The amount involved is about
81, 900.
Joseph Boos has b.. lght suit agains.
c.. F. Roo and Kathel me Rood to recuy.
er judgment on a promissory note for
$3.50. and to foreclose a mortgage given
to secure it.
The bill of exceptions in the suit of the
| World Package, Express and Messenger
company against the Trades assembly,
the Job and Express union and several
of the individual members of these or
CARNATIONS was filed in court today. The
suit was brought to enjoin and restrain
the defendants from exercising the pre-
negatives of the boycott on plaintiffs
business, but at the trial. which took
+, place before Judge Henry Smith, the de.
PENDANTS won. The plaintiff asked fol
leave to file an amended complaint and
bill Of exceptions and it was granted, &c
days time being given in which to do it.
The rumor circulated yesterday in re.
gard to the condition OF Frank Huff, who
was stabbed by Frank Bajuk last Satur.
day. seems to have had little or no found.
alton in fact. Last evening DR.. Sheerir
examined the wounded man and founG
him in no danger Of death. He reported
his investigation to the county attorney
today. In speaking of the matter he said
the blade of the knife had struck the right
hip bone, but had it entered the body ar
inch higher death would have resulted
as the abdominal cavity would have been
punctured. On the strength of the ply
sician's statement Bajuk was released
from custody on bonds.