Daily inter mountain., 1899-11-14


Judge Clancy to appear in court on De-
cember . and show cause why he should
not be discharged as receiver in the fore
closure suit of W. A. Clark & Bro.
against c. S. Eltinge.
In the matter of the suit Instituted by
w. w. Trigg against the Oregon Short
Line Railroad company to recover pos
session of or damages for strip of
ground alleged by the plaintiff to have
been contiscated by the defendant, the
company has petitioned the district court
for the removal of the cause to the
United States court.
In the suit instituted by the Anaconda
company against f. A. Hesnze to be de-
clafed a part owner of the Parnell lode
claim, and also to be given PERMISSION to
work the property on an equal footing
with the defendant. an answer was nled
today. In the document Heinze admits
that the plaintiff owns seven-tWeitths OF
the property: denies that he mas taken
exclusive possession of the claim or the
plaintiffs interest therein. or has ouste'd
or elected plaintiff from possession. He
further alleges that the Anaconda is not
now and never has been entitled to pos
SESSION OF the property: that IN Aprll ne
entered into possession of the property
with the full consent Of the plaintiff:
that he bore the large expense OF equip
ping the property with holstlng plant,
that at that time no ore in paying guam
titles had been discovered. but at his own
expense he uncovered some: that the COST
Of mining it has so far been in excess or
the amount OF its value: that before the
commencement of the action the defend
ant rendered to plaintiff a statement OF
the actual cost of mining the ore OF the
claim up to August 1. and offered to de-
liver to plaintiff It's proportonate snare
of the ore on the dump provided 1t would
Sharp of the expense, out pldllltllL
would not do it.
Judge Clancy held a session Of court
last night and heard the motion made
by the defendant a few days ago lot tne
modification of the order of injunction
in one of the suits now pending between
the Montana Ore Purchasing company
and the Boston & Montana. The modlfi-
cation was granted. The Boston & Mon
tana desires to perform some WORK on
property involved in the Michael Davltt
suit, which is set for trial in the Unlted
States court at Helena on the 11th of
next month.
A. J. Grove secured writ Of replevln
from Justice Nichols last evening and
went to Blumkin's pawnshop to get a
watch which someone had stolen from
his room about week ago and paWned.
He discovered the watch himself IT was
in the window Of the store. he told the
justice he had asked the paWnbroker tor
it. but the latter told him he could not
have it unless he put up $50, the amount
due on it.
Judge Clancy has decided to hear. ON
December 8, the motion to set aside the
order of arrest in the action entitled
William Thompson against Robert Ed
gren and Charles Nystrum. 1t was to
have been heard yesterday, but the court
had too much other business before 1t.
The plaintiff is proprietor of the Silver
Bow Coal company and the defendants
own, or did own, the Model steam laun,
dry Some time ago Thompson heard
the defendants We're going to leave the
state without settling a bill they owed
him. and secured warrant for Their ar
the defendants moved the court 70 set
aside the order, claiming that 1t mao Deen
improperly issued and that they had no
idea of leaving the state or of defraud-
ing their creditors. They said the laun-
dry business was losing propo 9ltlon
and they could not pay Their debts The
plaintiff then filed motion for judgment
hy default alleging in it that the motion
to set aside the order of arrest was not
an answer to the complaint.
When the case was reached yesterday
several laundry girls, who had been sub
poanaed as witnesses, notified the at
less thea, fees were paid in advance. The
defendants intimated to them that they
had made false statements in some am
davits-had stated that the defendants
had absconded. The girls denied the ac-
cusation and appealed to the affldavlts
FOR a yerification, but when the docu-
ments were examined it was found that
they contained the statement attributed.
The girls then repudiated all intention
of making such statements, explaining
the matter by saying they had signed the
documents without knowing what they
contained.
The motion for judgment by defauit
will be heard at the same time as the
other motion.