Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-05-04
Contempt Proceedings in the
Boston & Montana
RECEIvERSHIP CASE BEGUN
Judge Clancy Defines the Character
of the ActiOn..Finkler
Fined.

When department No. 2 Of the district
court convened for business this morn
ing Judge Clancy called up the contempt
proceedings instituted a few weeks ago
in connection with the Forester & Mac
Ginnis and Boston & Montana receiver
ship muddle. With the exception Of G.
NJ. Hyams. who had previously entered
an appearance, all of the defendants
were present and assumed an erect posi-
ton to be counted when the question Of
their personal appearance was doubted
by the opposition. The party comprised
Joseph H. Vivian, c.. S. Batterman, John
H. Miles, B. s. Dunshee, c. r. Davis,
Richard Dave, and three Of the after
and John F. Forbis.
]. J. Mediation opened the ball by ask
ing the court to authorize the names Of
Charles r. Leonard, Mediation & Cotter
and Clayberg & Corbett entered as
friends of the court. Attorney Scallon
opposed the move. but the objection was
overruled. He then entered a plea of not
guilty in behalf of the respondents. To
this the other side took exception on the
alleged ground that it was not a crimina
action. 1t wanted all the alleged Offend
ers to answer as a body, but counsel for
the respondents asked that a line be
drawn between the attorneys and the
others and each side be given a separate
hearing.
In answer to all this the Judge said he
believed there was no difference between
lawyers and others. He thought the pro-
ceedings were all and there
was no difference between the rights of
the parties. If a attorney disobeyed
orders Of the court he was just the same
as any other man. The proper course
was to go ahead with the testimony as
a whole. and at its conclusion he would
decide what should be done. 1t was not,
he said. a criminal action. There was no
jury. If two or more persons charged
with a crimina offense We're informed
against by the county attorney they
could demand separate trials and would
have to be recognized.
Attorney Mediation first withdrew the
affidavit of T. r. Kinds, made on Deem
Der 16, and submitted a document which
he alleged showed that at that time L.
O.. Evans. W. H. De Witt and Louis Mar
shall were the attorneys for the COM
pany. He then offered a lot of affidavits.
and among them was the one he had
previously withdrawn. An objection
was made to them becoming a part of
the testimony, but the objection was
overruled. The basis for the objection
was an allegation to the effect that testi-
mony by affidavit in such proceedings
was incompetent, as it abridged the con-
stitutional rights Of the respondents; that
1t set forth matters on information and
belief and not facts.
The contents Of the afidavits alleged
that all of the respondents save the att
torneys had refused to obey the order of
the court when the demand was made
company over to the receiver. The at
torneys had only been accused of having
advised the other alleged offenders to
pursue the course they did. All of them
were read by the attorney friends Of the
court and each met with an objection
that failed to stick.
Herman Finkler. the young man ac-
cused of having stolen a diamond stud
from Hold Peasley, was allowed to plead
guilty to petit larceny in Judge Clancy's
court today and the Judge fined him 800.
The charge against him was grand lar
ceny, but in view of the fact that he had
already been in Jail three months the
county attorney did not oppose a COM
promise on the lesser charge. Young
Finkler told the judge he was % years
old and had been in America since 1893.
He was represented by Attorney Taylor,
who. in stating the case to the court,
SAID that Finkler had admitted having
picked the spark from the floor of the
room in which Peasley was roostIng.
He also said that Peasley was well
known in Butte and could not be cIassed
as a leading citizen.
A few days ago Finkler received a let.
ter from his mother in Germany and il
was quite a touching epistle. She asked
him to return to his native country anG
endorsed a draft for 300 marks with
which to pay his passage. Out of his
money he paid his fine and his attorney
and went on his way rejoicing.
In Judge Clancy's department last
evening John Frederici was given a yer.
diet in the suit brought against him by
L. G. Pearson to recover Judgment fOl
money alleged to be due him for labor
performed as a machinist at the East
Morning Star mine in the latter part OF
December, 1897, and the early part OF
1898. The jury vas divided in it's find
ings, eight favoring the defendant and
four the plaintiff, but the eight votes
were sufficient to decide the suit.
The game of baseball scheduled to take
place between the dry goods clerks and
court house mines next Sunday has beer
postponed until Sunday the 14th. John
+. Moran, the county clerk and recorder
has been selected to manage the affairs
of the court house club, and T. f. Nor
moyle, one of the deputies in the Office
OF the clerk of the court, has been chosen
captain. The latter is an old ball player;
and although a little high in flesh al
present viii be in rare fettle by the time
the call play BALI is made. He will act
as one of the catchers; Mr.. Moran will be