Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-09-09
NO DEFENSE NOW
John Boyd Concludes to Let
Matters Rest
MELLlER BOUND OVER
To Await the Action of the District
Court--Other Legal
Proceedings.

cess until l o'clock next Friday has been
launched in the preliminary hearing OF
the case of the state against John Boyd
accused of having taken Bi-Metallic bull
lion from the works of the compan in
Philipsburg and selling it in this city. AT
intervals during the last two or three
days testimony has been given in behalf
of the state before Justice Nichols, the
end being reached last evening. Before
the session adjourned the announcement
was made that the defense could begin
operations at $50 o'clock this morning.
but when the hour set arrived Attorney
j. l.. Wines for the defense stated that
no testimony for his client would be Of
fered at present. 1t was then agreed
among all concerned that before the rem
dering of a decision the testimony taken
on the other side should be transcribed,
verified and propely signed.
Among those who gave testimony at
the session yesterday were L. j.. Hartzell,
assayer for the Bi-Metallic company,
who was formerly a resident of this city,
having been a member of the Butte foot
ball team: Alexander J. tombstone, CASH
Ter at Clark Bros bank; Jerry ]. MUIR
ply. the city detective, and c. H.
Thompson. formerly a jeweler in the en-
ploy Of Max Mayer, who is alleged to
have bought the bullion.
Mr.. Hartzells testimony related solely
to the relative assay value of the COM
pany's bullion and that found at Mr..
Mayors assay office. The values were
practically the same.
Mr.. tombstone testified that he had seen
the bullion. or some like it, in Mr..
Mayors possession a week or two ago.
He had also seen Boyd at Mr.. Mayors
office and at the bank. but the visit to
the bank was made a year ago. Boyd
and Mayer had entered the bank together
and consulted him in reference to the
payment of some money for bullion. Two
or three days prior to the arrest witness
said he had advanced Mayer 5000 on some
bullion which Mayer claimed he had
ready for shipment. He had gone to
Mayors office to see the bullion and an
other man was there. He was not sure
the man was Boyd.
Thompson stated he had seen Mayer
and Boyd handling crude bullion, once
between the 18th and Goth Of October.
1898. The bullion was, he alleged, taken
to M~ulvaney's blacksmith shop and
broken Up. Witness further said he had
seen the same class of bullion unloaded
from a wagon eight or ten times at the
of the shop. Shown a photograph Of
the man supposed to have delivered it, he
could not identify it.
Eugene o. Mellier. whose preliminary
hearing in connection with the theft Of
600 pounds of copper from the Anaconda
company was finished last even
ing in Justice Nichols court. has been
bound over in bonds of $500 to await
the action of the district court. The pris-
oner could not give the bond and was sent
to Jail. He expects, however. to be able
to secure the mount in the near future.
The charge of receiving stolen property
against Mellier was dismissed.
The suit of Charles Dockman against
the Dekrekos and Congress of Eastern
Nations. which was dismissed by Judge
CLANCY about two weeks ago because the
plaintiff failed to give security for the
costs within three days after being serv-
ed with a notice to do SO, has been REIN
Simon LAWN and Lille Jewell secured
a marriage license his morning. Yes
terday three couples secured credentials
of a like nature. They were Hans Hell
geson and Ester Anderson, Augustus
Morgan and Elida Mueller lof Deer
Lodge county, and William H.. Mueller
and Hattie Tuetenhahn.
James Ryan filed in court today an af-
fdavit in connection with the suit recent
~ brought by him against Michae Rea-
gan. The suit was tried in court a few
weeks ago and resulted in the plaintiff
judgment for s174.20. In his af-
fidavit he states hat he has succeeded
in collecting $52. % Of the amount through
an execution, but believes the First Ma
tional bank contains over $500 of Rea-
money and the officers refuse to
recognize the process.
Louis Dlubala has answered the suit
brought against him by his wife, Vic
toria, for a decree Of divorce and ali
He admits the marriage, the birth
of five children, and that he is an able
bodied man, capable of earning $3.50 per
day as a miner. but adds that his wife
him without cause, left him to
care for three Of the children and it takes
all his earnings for their support.