Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-22
THE DAMAGE SUIT
Brought BY Mae Lathrop
Dismissed.
TESTIMONY IN BEHALF
OF the Plaintiff Proved to Be a Dis
arpointment--Another BIZ
cycle Missing.

The trial of the damage suit instituted
by Mae Lathrop against the city and the
Grand Opera House company came to a
| sudden termination in Judge Lindsay's
| court his morning. This trial was begun
Yesterday afternoon and kept going un-
| til late in the evening, the court holding
| a night session for the purpose Of getting
! along with it as far as possible before the
| close of the day. Several witnesses We're
examined in behalf of the plaintiff.
Among them were James Ledford, a sa-
| loon keeper. and W. 7. Dare. a bill poster.
When the matter was esumed today
Attorney Leehey. who had charge Of the
plaintiffs side. submitted to the court a
| motion to dismiss the suit, and the court
complied. In making the request Mr..
Leehey stated that the testimony given
by Ledford and Dare had been exactly
the reverse to that expected, and in the
face of this fact he would ask that the
action be dismissed without prejudice.
The jury was then discharged, and the
matter thrown out Of court.
In her complaint the plaintiff asked for
judgment for $11. 900 to her
for injuries received by the falling Of q
Dill DOdru at tne corner VI oldIl d\eluS
and Platinum street on the 4th of last
November. AT the time of the accident
she was walking along the street and a
gust of wind blew the board down. 1t
struck her and dislocated her hips. AS
the board belonged to the opera house
company and the city had permitted it to
be maintained. both the city and COM
pany were made defendants.
---1 yI -. =. l:.,o11, 49,
siders himself short one high pressure
wheel and has taken steps toward land
ing the alleged thief in Jail. This morn
ing he visited the county attorneys quar-
tiers in the court house and placed the
matter before Deputy Kelly. who issued
a complaint charging D.. w. Newill, the
accused, with grand larceny. Mr.. Carter
told Mr.. Kelly that yesterday afternoon
NeWill rented a wheel from him for three
days. but after getting it he confided to
a friend that he intended to take the trail
for a journey that would consume not
only three days, but as many months and
probably as many years. The complaint
was filed in the court Of Justice Nichols,
and from it a warrant grew. Carter in
tends to take the Dad In search of the
alleged absconder, and as he can ride
some himself the chances are that NeWill
will be OVerhauled.
Roy S. Alley. deputy county attorney,
returned today from a trip nto the Wilds
of Madison count and brought with him
some stories Of good fishing, hunting and
the richness of the ore Of the gold mine
in which he has more than a lighting in
terest in that section. He also possessed
a weeks growth of beard. through which
beamed a complexion as rich and ruddy
as can be acquired in a 10 days s%ojourn
among the creaking pines n beside the
pellucid trout-filled streams of old Madi-
son. I'VE have $500 ore in our mine"
said he, land are now down 220 feet. At
the present depth the vein, or, rather,
rich streak, is IA inches wide, but indi-
cations for a greater body are most prom
Using. / have a sack Of it here and in
tend to reduce it by the cyanide process
for the purpose of demonstrating whether
it can be successfully treated by this
method" Mr.. Alleys brother, Edward
has recently returned to Madison from
his trip into the south with the rough
riders, but has not yet recovered from the
attack of fever accumulated While feast.
ing on the delicacies provided by the
commissary department. of the govern.
ment.