Daily inter mountain., 1899-07-13
Judge Clancy Would Not Toler-
ate Further Delay.
SPOKE FROM THE BENCH
His Language Not Misundersto0d--W.
B. Hamilton Brings Suit Against
John J.. Gamblers.

The trouble between the Montana Ore
Purchasing company and others and the
Boston & Montana and Butte & Boston
companies. over the performance of cer-
tain development work by the latter COR
poratons, in order that they might be
able to present their side at the trial of
the Pennsylvania case. has at last been
bly, adjusted. and one of the condi-
tions of the adjustment is that the plain
tiff shall give a bond of $4,000 as an evil
dence of good faith. The bond will be
filed Saturday, and up to that time the
temporary restraining order will remain
in force.
The property involved comprises the
Pennsylvania, Rarus, Johnstown and
Michael Dewitt lode mining claims. Some
time ago the plaintiffs secured from the
court an order temporarily restraining
the defendants from doing the work mem
toned and the latter sought modifica-
ton of the order. The matter has been
before Judge Clancy several times this
week. but each time postponement was
asked for and granted because of the
prospects of an agreement being reached
between the parties to it. Two or three
proceedings finally being carried over un-
til this morning. When the judge as
cended the bench today he looked out
upon the attorneys and framed himself
for business.
Judge" said Mr.. Corbett. after a short
talk with his opponent. Judge Dewitt,
II think we are out of our trouble"
II do not propose to stand any more OF
this work." answered the Judge, in tone
that left no doubt as to it's meaning.
I'll throw the whole thing out of court"
Then he said few more words in
similar vein and signed a modification
agreement that had been reached be-
tween the plaintiffs and defendants re-
garding the work
The injunction is to stand for the pres
ent. but it has been modified that the
defendants will have more liberty than
they had under the conditions Of the
original order.
Following the disposal of this business
the motion for a continuance of the date
for the commencement of the trial of
the case from July "a to time at least 1S
days longer was brought up. Mr.. Dewitt
stated that the injunction had worked
delay of Is days in their development la
bors. and he would like to have the court
give the defendants credit for it and
carry the date Of the trial to a time
equivalent thereto. He had he said
served notice on the other side that the
motion would be made, but the time for
hearing it would not expire until next
| Tuesday.
well. just let it go until them" said
the court. 1.-The trial of the cause has
been postponed several times and I am
not inclined to carry it farther, but we
will see about it Tuesday,"
John A. Leggat put a crew of men to
,,1y ,:>.l
claim shaft on the lot west of the court
house today, preparatory to resuming
operations in the shaft, but the county
commissioners called the attention of the
chief deputy of the county attorney to the
move and asked that steps be taken to
stop the work in case blasting should be
done 1t is understood that an attempt
will be made to habeas corpus Mr.. Leg
gat, or the Workmen, as it is claimed that
the heavy blasts shake the court house
and many of the persons in it,
John ONeill was arrested Yesterday
on charge of burglary and lodged in
the county jail. 1t is claimed that about
two months ago he entered the room pre-
empted by Tim Harrington a Riley's
boarding house in Centerville and stole a
gold watch valued a. $3.50. O'Nell was
/ suspected of the theft at the time the
watch was stolen and a search warrant
was issued giving officers power to &C
/ through his effects, but later on it was
thought such move would only put the
suspect on his guard and the propose ed
search was abandoned Yesterday De-
| tect.ve Murphy was in a pawn brokers'
store when ONeill entered and offered
to soak the watch for $50, but the
broker would not let him have it, He
finally dropped to $50 and Murphy COM
pared the number of the timepece with
+ nr nHspSNo nV,Sc t.l,
! they were the same He then ested
O'Neill and the latter confessed his guilt
ONeill was a lodger in the house from
which the watch was taken. While there
lady's watch was also stolen. but a
search of OiNeslrs room yesterday even
ing failed to bring it to light.
A complaint charging w Mason with
| maintaining a public nuisance in the
shape of a vicious dog was issued by the
county attorney last evening. Mason
lives in Meaderville. 1t is alleged that the
dog bit two persons. A trial of the mat
| ter in Justice Millers court resulted in 9
verdict of guilty and fine of 81 and costs
F., being imposed.
| William B. Hamilton has brought suit
! IN the district court against John J. Cam
bers. Andrew J. Davis and George w. An
drews TO recover judgment for $11, 900 in
| which amount he alleges he has beer
| damaged by the action of Gamblers in the
/ matter of the injunction placed by him
| on the Gamblers mine a year or so age
while the property was being worked un-
/, der lease. Andrews and Davis are par
ties to the suit because they signed a
bond given by Gamblers at the time the
, injunction was put into effect The COM
plant states that Hamilton had a lease
on the property. but few months before
it expired Gamblers temporarily enjoined
him from working, alleging that he was
not performing the job according to the