Daily inter mountain., 1899-11-25
Against w. A, Clark Dismissed
as Settled Today.
IT HAD BEEN TRIED ONCE
And Was Won By the Defendant
Judge Lindsay Rearranges
His Calendar.

The suit brought by Susan Mitchell
against Harry Blumkin to recover pos
session of several hundred dollars worti
of jewelry pawned to Blumkin by the
plaintiffs daughter was dismissed as set
tied in the district court today. Each side
stands its own costs. The case was tried
once and Blumkin won it.
Another suit of considerable ma gnitude
was also dismissed as settled, it being the
one brought by Joseph Ramsdell against
William A. Clark on Jan. 30, 1892, to
recover Judgment for $77,5l331 for al
legged breach of contract in connection
with the working of the Ramsdell- Parrot
mine in 1887. The plaintiff died a year
or two ago and Mrs. Josie l.. Talbot. his
daughter, who BEANIE the Administrative
of the estate, had it continued in her
name. According to the complaint the
defendant leased the mine for year, but
after working it six months threw it up.
He was to work the property in a good
and substantial manner and give the
plaintiff owner half the net proceeds.
The complaint further alleged tha, the
mine had not been properly worked; that
the defendant had failed to pay the roy
atty and that his failure to work longer
than six months had damaged the owner.
On each Of these allegations Ramsdell
demanded Judgment for a sum Of money
aggregate ting $4,000. During the reign Of
John j. Mediation as judge of the district
court the suit was tried and there was
offered in evidence receipt showing that
the defendant had paid the plaintiff
$560.7S as final settlement on the royalty
proposition. A verdict for Clark was
accordingly rendered. "A motion for a
new trial was made and granted, but the
defendant appealed from the order and
the supreme court took wllirl at it.
That body sustained the lower court de-
cision in connection with the alleged fail
ure of the defendant to pay the royalty
and his failure to work the property dur
ing the entire tenure of the lease, but
concluded that the allegation in regard to
his failure TO work the property in
workmanlike manner was a matter for
reconsiderat ton. Since then the case has
been in the balance
Ex-Governor Joseph *. Toole of Hell
ena was business visitor in the district
court today
Judge Lindsay convened his court this
afternoon and re-arranged his trial call
endar as follows:
Evans ct al; Cooney Bros. VS.. A. c. Nc
Kinney.
Nov. 29--Hoff VS.. Rezek George H.
Casey VS.. Andrew Anderson ct al; Mon
tana Union Railroad company VS.. Peter
Wastl.
Dec. 1-Montana mine VS. William Bir-
ket; T. c. Miles VS.. the Northern Pacific
Railway company.
Dec. 4-John Guerin VS.. Dick Sutton ct
al; August Johnson VS.. Peter Hansen;
John Yank VS.. Fred Hutchinson.
Dec. 5-E. o. Jackson VS.. II. C. Gray;
Tony Williams VS.. Montana Meat COM
pany: John Martin VS.. l.. j. Highla nd: ]
Butte General Electric company VS.. the
Imperial Amusement company
Dec. 6-Mrs. Celia Dawson VS.. James
Dougherty: the Joe Klafki company vs.
Bernard Shanahan: the Columbus Phae-
ton company VS.. DR.. G. Leo Hegenbur-
ger.
Dec. Peter McCabe VS.. Mike Flem-
ing; Elijah Boyer VS.. James McNabb;
John Yank VS.. T. J. Bordeaux
The inventory of the estate Of Frank
Proulx has been filed in the district court. ;
1t shows the total value of the estate to
be $4,000, of which 81 ,3S433 is in cash. A !
claim for $1,47S0s against the former ad- |
is made a portion of the be- !
lOngings. and foot note states that in ,
the opinion of the appraisers Judgment !
for the amount can be recovered against /
him and his bondsmen.