Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-08
Belong to the Estate Of James
Twohy Still
The BONE OF CONTENTION
III the COurts--An Attorney Says
sWe' and is Called Upon
to Explain.

cutor of the estate of James TuOhy 10
set aside the order made by the court
a short time ago directing that the Burke
and Balaklava LODI claims TO
the estate be leased to Messrs. McSherry,
Ryan and Britt was held in Judge Lind
says court today.
AS will be remembered, the executor
first asked for an order permitting him
to lease the property to the men named
and it was granted, but afterwards an
other party made a better offer n the
executor concluded to seek a revocation
of the first order and then ask for per-
mission to lease the property to the lat
ter. A petition with this as it's object
was duly presented to Judge Lindsay,
but the judge said he would refuse 10 act
as auctioneer in the matter and directed
the executor to lease the property to
Messrs. Britt, Ryan and McSherry. Then
came another petition asking that the
latter order be reconsidered and set aside
and the executor given permission to
lease the property to the party that had
made the best offer. In answer to this
the court directed the executor to appear
in court Saturday n show cause why he
should not lease the property to the three
men named. The order was obeyed, but
the executor asked to be relieved from
personal appearance On the ground that
his attorneys, Clayberg & Corbett, had
the property in trust and he knew Moth
ling about the lease. He was excused.
This morning F. E. Corbett n H. L..
Maury testified. The former said he had
legal charge of the estate and had done
as he did solely in the interest of the
property. Silas F. King was the person
that had offered a BONUS Of $500 more
than the one made by the three first pro-
posed ~lesseeS.
In giving his testimony Mr.. Maury
used the plural pronOun eve" and the
judge asked him who he meant.
Its just an editorial 'we,'" replied the
witness.
Maury stated that there was no inten-
ton IN his part to disobey the order Of
the court: hat the action detailed had
been taken in the interest Of the estate.
Judge PembertOn represented Messrs.
Britt. McSherry and Ryan, n at the
conclusion of the testimony asked the
court to order the lease executed in the
interest of the three men who first sought
it.
Attorney Corbett sal that or the way
to the court house he had been offered a
bonus of $4,000 for the lease. and the
Judge asked him If he thought the court
intended to act as a%uctioneer for an in
defininte period.
The court took the matter under adj
visement and authorized Ryan, Britt and
McSherry to tender the executor of the
estate an amount equal to that offered by
Mr.. King.
r. e. Elliott, proprietor Of the saloon
at 1855 South Main street, swore to a COM
plant today charging Billy Smith with
the crime of assault in the third degree.
In ~recounting the trouble he told the
county attorney that early this morning
a woman had rushed into his place Of
business and asked for protection from
Smith, who was a close second only a
length or two away. Elliott came from
behind the bar to stall off Smiths rush
in the stretch and was set upon by Smith.
In a few seconds Elliott retired with the
end of one Of his fingers bitten off. Dur
ing the fracas the woman escaped.
Frank l.. Reber and Charles Lane have
filed an answer and cross bill to the suit
of w. L. Ledford to recover Judgment
for $500 on a ~promissory note against
them. They ask for judgment for 1927, 0OC
against Ledford. They claim that
through their work and influence Led
ford secured a lease on the Anaconda
mine copper water a few years ago; that
beforehand he agreed to pay them Is pei
cent. Of the net profits from the precipi.
!, tation of upper that during the term
of the lease the net profits amounted to
S1S0,G00, which would make their share
s27, 900. They ask for interest on the
amount from August 30, 1896.
Justice Nichols has sent the case Of the
State against Dan O'Donnell to the cour
of Justice Bliss at South Butte. An ap.
, plication for the change was made. TIL
defendant is charged with assault in thu
third degree on Thomas Morton. the ole
man who was slugged at the Casino q
few weeks ago for alleging he had beer