Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-12

~o o"AN SAA%S
told him a bill for $50 had been stand
ing against him at the store since 1885.
He denied that he was the person, but
Shaw insisted otherwise and told him he
5 would give him a receipt for $50. He re-
fused to accept it. More words followed
and finally he drew a gun and demanded
the release of his check. No shots were
fired, but Shaw did not like his attitude
and had him arrested.
Mccoy did not get his check.
In department No. 2 of the district
court this morning the case of the state
against the Montana Liquor
wholesale license in addition to a retail
one, was sent to the foot Of the calendar
by consent.
In the case of William Fisher VS.. Meyer
GenZberger, as trustee, a dismissal was
ordered.
W. w. Johnson. who for more than two
years has acted as official stenOgrapher
and counselor in the office Of the county
attorney, has resigned to accept a posi-
ton in the law department of the Ana
conda. Mining company. He will enter
upon his new duties Monday morning. A
successor to the gentleman will be APP
pointed by the county attorney between
now and Monday, but up to 5 o'clock to-
day no n seemed to have the inside
track on the place.
Among the matters that will receive
the attention Of Judge Clancy tomorrow
will be the demurrer in the case of the
state against Thomas F. Courtney, who,
1t is alleged, is selling liquor as a grocer
without paying the license required by
law The action was commenced on May
IL, 1898, for the purpose of testing the
new law in connection with this branch
OF commercial business, but got lost in
the legal shuttle. On the day following
its commencement C. P. Connolly, then
Tor the east and was absent several
weeks. During his absence the demurrer
was filed, but nothing was said about
1t after his return. He consequently
supposed that the next move would be
made by the court, and let it go at that.
About two weeks ago he discovered the
demurrer and at once had it set for a
hearing In order that the court might
act upon it and set the case for trial.
In his report of the condition of the
offices OF Silver Bow county to the gov
and county commissioners, the
state examiner mentions the Courtney
case and it's age, and the county attor-
.Sy oA'NS ShNo u luC reason
1t has not been disposed of before now.
The trial Of the suit of c.. e. Dutton
against George A. Cobban and others to
recover Judgment for the value of ore TAX
en- from the west side of Walker avenue
Clancy's court this morning.
Before adjournment last night the
plaintiff had submitted ali his testimony
and when court convened today the de-
tense went to the bat. Attorney Kirk
made the opening statement. He said his
side expected to prove that instead of a
solid body Of ore being found in the drift
there were only two streaks, one of
which was ON the foot and the other on
the hanging wall. It also expected to
prove that the quantity of ore extracted
from Mr.. Dutton's side Of the street ag-
gregated only about Is or so cubic feet
and that it cost between 50 and SO per
ton to get 1t to the surface: that the drift
from which 1T was taken penetrated the
west side Of the street about IS feet, and
that Mr.. Dutton was entitled to damages
in the sum of not more than $25 or $50.
Joseph Ivey, n of the defendants, was
9he first to give testimony. He said he
had charge of the underground workings
of the mine through which the ore had
been taken. On the hanging wall there
a streak Of solid ore about six inches
wide and on the foot wall one about four
inches. The drift extended II or is feet
beyond the center of the street. He de-
MED shat there was one solid vein or
that he had lone any stopping west of the
center lire of the street. but acknowl-
edged having sunk a winze in plaintiffs
ground and taken from it some ore. The
face of the drift at the present time, he
said, showed the two streaks of ore men.
toned. The witness further said that at
the time he took the ore he had no idea
1t belonged to some one else. This was in
answer to a question on this line, the OBJ
3ect in bringing the statement ou being
the foundation for a claim for "allow-
ances," for the performances of the work.
A deed conveying a third interest in the
Cora mine from j. X. Heslet to F. Angus
tus Heinze was filed in the Office OF the
county clerk and recorder today. 1t is
dated May 8, 1893. The consideration is
900. Accompanying the document is
$50. 900 mortgage, dated the 11th) from
Heinze to Heslet to secure the payment Of
ten promfssary notes for $1,000 each. This
would indicate that $4,000 Of the pur.
chase price has been paid.
Articles of incorporation for the Srpsko |
Jedinstvo society were filed with the
clerk and hecorder today. The
are N. G~jurgevich, T.
John Lazarevich and L. Rad
trustees. The objects. as set
are the c~onduction Of a benevolent
social organization, to care for and