Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-26
FINLEN VERSUS HEINZE
The Former Trying to Stop the Latter
From Working the Property
--Devlin TeStifieS.

partment No. 1 of the district building,
and No. 2 Of hat structure is undergoing
repairs. The matter before him yester-
day was the hearing of the motion made
by the attorneys for Miles Finlen and in
behalf of Finlen to enjoin F. Augustus
Heinze from operating the Minnie Healey
mine, located at Meaderville. Some OF
the testimony adduced was rather of a
sensational nature, as it brought to light
the fact that in the course of operations
at the property and an attempt by the
plaintiff to get hold of the mine, a gun
had been displayed and a threat to shoot
made.
Butch" O'Donnell testified that Fin
lens representative had directed him to
close down work at the property and he
proceeded to obey instructions, but E.. l..
Mahoney, who was present, drew a gun
on him and threatened to shoot a hole in
his head. Afterwards witness had en-
tered the hosting works and closed the
door, but the other parties had pushed
the door in; then witness, to prevent the
shedding of blood, walked away. O'Don-
nell said Mahoney appeared to be in
charge and was left there, as he could
Ao w - ! SuI1SIIuGI TIE WORKS..
James Duffy stated that he was with
ODonnell and others that sought to get
hold OF the property, but as he was not
a fighting nan he did not wait to see
what was done.
Several other persons testified and then
James Macfarlane took the stand in be-
half OF the defense. He said he had di-
rected operations at the mine for the
defendant INC had commenced shipuing
ore about three yypakr of+ar +bc 1o++o-
had taken possession of the property.
At the time work was commenced there
was practically no ore in sight. Witness
did not know what quantity of ore had
been taken out Of the mine by Finlen
prior to the time Heinze took charge.
the first ore extracted under Heinze's
administration was Of low grade, but
some taken out later was high grade.
There was no ore in sight that would
nave paid a profit even at the increased
price of copper.
John Devlin testified that he once had
an interest in the Minnie Healey claim
and had heard Finlen state he had made
a demand upon him (witness) from the
deed. Witness had not gone voluntarily
to Attorney Scallon for advice, as stated,
but had gone at the request of Linlen.
II told F%inlen," said he, that 1 could
not give him a lease and bond to a three
fourths interest in the property, as 1 did
not own it all; and, besides, Heinze had
offered me more money. Finlen told me,
IN front OF the Butte hotel between the
Sth and 18th of last November, that the
property would, in a few days, be turned
over to Heinze. He also said he did not
intend to do any more work on the claim;
that Mr.. HeinZe would run it for him. I
was one of the original locators of the
property and quite familiar with the work
done upon 1t. For some time prior to the
Vpn mi ~ n - No.
work done in the mine, but Finlen held
possession of the premises and kept a
Waterman on duty"
On cross-examination Mr.. Devlin said
he had owned a quarter interest; thai
the conditions of the lease and bond were
such that either of the owners could sell
at any time he saw fit. In regard to meet
ing Finlen in front of the hotel, witness
said he had looked him up because he had
been approached with IN offer by the
other side. AS witness understood the
deal. Finlen was to transfer the whole
works to the Heinze people.
Last fall l sold an eighth interest to
one Mr.. Passmore," said Mr.. Devlin.
"How much did you get for the eighth o.
asked Mr.. Dixon.
Nothing from Passmore. I did bust
ness with Mr.. Heinze. He paid me $15,- !
600. For the whole interest 1 received
w AAo Il oAiSiASI Oil CIul NolClll W O,UU
Did you get cash?"
II consider that my private affair.""
Counsel for the defense then interposed
an objection to the witness answering the |
question and the court sustained it.
Mr.. Devlin further said the understand
ing between Mr.. Heinze and himself in
to the payment of the money was
an absolute promise on the part of Mr..
Heinze and not a conditional one. 1t did
hinge on the result of the outcome of
the legal proceedings pending between
Finlen and Heinze.
did you ever receive any royalty from
asked Mr.. Dixon.
YES; a small amount"
Any from Mr.. Heinze?"
Eyes. Mr.. Heinz first paid the money
Mr.. Finlen for me, and I objected. I
wanted Mr.. Heinze or the Montana Ore
company to pay me directly,
and told them if it was not done the ore
would be divided on the dump"
"Mr. Finlen said you borrowed $50 from
said Mr.. Notation. Estate how
you came to do it,"
TT was in connection with some royal
ty. l went to him for the royalty and he
told me he and HeinZe had not exactly |,
agreed on the proposition. I told him I
wanted $50 n he said all right, he would
let me have the money and charge it to
me on an open account. I thought if he :,
could owe me money for royalty I could
him $50 on an open account, and
is the way it stands"
The matter will not consume much
more time.
For the hot summer months we will Of
the public something veTG fancy in a
cn u knA ~ an w. 1