Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-08-02
In a Lease and Bond Deal
Wants His Share.
SAYS HE WAS IGNORED
BY the Two Men With Whom He Did
Business-Damages Fixed by
Appraisers.

c. w. Wynn brought suit in the dis
trict court today against F. L. Berry and
James Ferdon to compel the defendants
to convey to him a half interest in a
lease n bond on a three-fourths inter-
est in the Adirondack mining claim, To-
Gated in this district. In his complaint he
alleges that on July IA he entered into a
contract with Perrie Delmas (who held
a lease and bono for the three-fourths
interest on the property for a period of
18 months, beginning June 20,) by the
terms of which contract Delmas agreed
to transfer the lease and bond to him for
$3.50; that on the same day he got the de-
PENDANTS to agree to put up the money
and was to have a half interest in the
lease and bond for his services in getting
the property; that on the day following
he took Delmas to the defendants in or
der to nave the transfer made and the
defendants ignored him and did business
directly with Delmas, thus shutting him
out Of the half interest that had been
agreed upon beforehand. Plaintiff asks
the court to declare the defendants his
trustee and compel them to transfer to
him a half interest in the lease n bond.
Henry r. Sherlock, sheriff of Jefferson
county, made another return today on q
writ Of attachment issued out of the court
of this district. The title of the suit out
of which the judgment n execution
grew is w. A. Clark & Bro. VS.. the Gold
Mountain Mining company. The judy
ment amounts to $11, 300.
The final account of F. H. Cooney, the
public administrator, in the matter Of
the estate of Robert McFadden, was filed
today in the office of the clerk of the dis
trict court. 1t shows the total receipts of
the estate to have been $749.7O: the
amount paid out, $4,000, leaving a pal
ance of $453. so.
In the condemnation suit Of the city VS..
James Davidson and others, w. Z. Penn
berton, Samuel Mulville and Thomas Nc
Laughlin, appointed by the court to APP
praise the value Of the property, filed
amount due each defendant as follows:
James Davidson and Hayes Cannon,
81 100; George e. Maule and David Maule,
$1,775; ]. E. Oppenheimer, $500; Christian
Jackey, 5000; Pamela Barnhart, $l,O5O;
Ike Moorehouse, $1,050; w. A. Clark. 5000.
The property is needed by the city IN inc
opening of an alley between Park and
Galena streets, west of Main and east of
Renshaw alley.
In the suit of ]. H. Maloney, George A.
Cobban, e. A. briggs and c. P. brennan
against Silas F. King, James A.. Murray,
James A. Talbot, Marcus DAILY and Wake
man Sultan, to recover judgment for
damages for alleged incroachment on
the mineral body of the Plymouth lode
claim, the plaintiffs have filed a notice OF
their intention to ask the court for an
order of survey next Saturday.
Eugene Thornton, Jerry Sullivan and
Thomas Williams were given a prelimi-
nary hearing in Justice Nichols' u
last evening on a charge of having bur-
glarized the candy store of Jesse Brown,
on West Park street, on the morning of
July "a, and bound over to await the &C
ton of the district court. They will in
all probability be sent to the reform
school,.
Henry c. Hauck, who is employed at
theCasino saloon, opposite the store that
was touched" testified that he had seen
Sullivan and another boy in the store
about s o'clock. They were behind the
counter. Stationed at the corner outside
was young Williams, apparently on
guard. Thornton, he said, was running
in and out of the store. The witness
called an officer and the boys were cap
tured.
There was other testimony of a damag-
ing character against the boys.
Sullivan and Thornton stated that they
had been out to the Nine-Mile house the
night before and had walked back to
town, arriving about 5 o'clock. At the
corner of Silver and another street they
separated and heard shots in the neigh
borhood of the public library building
ran to ascertain the trouble. They
arrived there just in time to be arrested
for the burglary. Williams said he was
Just going out to sell papers and, hear
ing the shooting, ran to see what it was
all about and fell into the net along with
Thornton and sullivan.
Thornton is the son of Owen Thornton,
an old gentleman who has long been a
resident of Silver Bow county. The
father is a veteran Of the wal between
the north and south and is a good citi-
zen.
Sheriff Regain left Helena for Minne-
apolis last night with a requisition to
bring back Kenneth Haviland, alias Dick
Middleton, who is wanted in this city
for the burglary of Heilbronner's cigar
store. The records Of the sheriff's Office
show that the sheriff's department took
an important part in the apprehension
of Haviland. Under Sheriff Murphy cor
responded with the sheriff of st. Paul
and officers Of other sections in regard to
the fugitive, and received a message from
the former several days ago to the effect
that he was on the track of the bond
jumper and burglar. In answer to this
message the undersheriff telegraphed the
St. Paul officer to arrest and hold Havi-
land, and the capture was made. Havi-
land was then sailing under an assumed
name.
In compliance with an order Of Judge