The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-26
BEFORE JUDGE LINDSAY
Listened to Arguments in Two
Important Cases.
EXTRA LATERAL RIGHTS
Involved in the Suit OF the Butte g.
Boston Against the Heinzs IS The
Minnie Healey Litigation
Again in Court

"uuSe Llnusay yesterday held court
IN the United States court room and in,
the morning concluded the hearing of
the order to show cause in the case Of
the Butte & Boston Mining company
against r. Aug. Heinze and Arthur p
Heanze, and in the afternoon took up
the case OF Miles Finlen against the
same defendants, involving the Minnie
Healey lode claims. Both cases are of
great Importance. The first case of the
Butte d Boston against the Heinzes in
wolves the question of extra lateral
rights and as to whether the Michael
Dewitt, which owns the vein running
through both end lines of the claim,
does not also own the 20 feet thereof
which on its strike passes through the
southwest corner of the Snohomish.
The defendants contend that by virtue
of their having the apex of the 90 feet
they are entitled to follow at least that
part of the vein on its dip into the
Michael Dewitt
On the other hand, the plaintiffs as
sumo the position that the lode upon
which the Snohomish was patented
passes through the claim to the north
of the fraction contended for and in
fact through the middle of the claim
and in any event that the defendants
have no right in law Ito any part of the
Michael Dewitt vein, even though a
small fraction does pass through the
claim near the corner. A number OF
witnesses testified and mass of maps
were used. The case was argued yes-
terday and taken under advisement by
the court
The Minnie Healey was taken up at
clock yesterday afternoon. The court
first took up and disposed of motion
to strike certain parts of the defend
ants answer The motion to strike was
directed to the question of another suit
pending and the allegations contained
in the answer that the plaintiffs them
selves had sought to dispossess the de-
PENDANT instead of the defendant hay
ing ousted the plaintiffs. The motion
10 strike was sustained by the court.
Numerous witnesses were sworn by
the plaintiff when the order to show
cause why temporary injunction
should not issue was called for hearing
The witness O'Donnell testified that he
was directed by Mr.. Finlen's represen-
tative to shut down the Minnie Healey
and that he proceeded to do so, but was
interrupted Old man Mahoney, who
was at the hoist, pulled gun on him
ana said If he (witneSs) stepped a foot
further he would blow his brains out
"Afterward we entered the hosting
works and closed the door: the other
parties pushed the door in, and so as to
avoid bloodshed we walked away" said
ODonnell. On cross examination he
said: Il don't know that the mine was
in charge of anybody else. There were
some men there when we went down.
an engineer and fireman and this man
Mahoney, who pulled the gun on me,
They We're there, but / don't know
whether thew in ION
Didn't Mahoney satisfy you that he
was in possession"
No; he did not scare me at ALL"
Didn't he tell you that they had
possession"
mo; we told him that we had pos
session"
Didn't you understand that there
were persons in possession who might
not be willing to give up?"
We'll, they were all willing except
this man Mahoney."
Il didn't take the engineer from his
engine" said O'Donnell He walked
over to me and said that if ANYBODY
could put him out he would go out of
the hoist, and so l put him OUT
Il suppose when you left there, you
left Mahoney and his gum"
Yes, l left him, his gun and his
whole outfit"
Mr. McNaughten a witness testified
tidI tIcy dlu HOl SuCCeeu III getting
Mahoney out of the building. He was
there when they went in and he was
there when they left.
James Duffy, another witness, said:
II am not fighting man, and so /
didn't wait to see what the men from
the Rarus did. If 1 had known that
there was to be any trouble when I
started down, should not have gone"
James Finlen and w. w. Wishon also
testified. Wishon said that he was I'M
der the impression that Finlen had
possession of the Minnie Hea-
ley. He had gone through the mine at
F'inlen's request to see If the work was
being done in a minerlike manner
Asked if Heinze was not in possession
and carrying on operations, the wit
ness said yes. that Heinze was carrying
on operations very actively.
The further hearing was continued
until 10 O'CLOCK this morning.