Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-21
Alleged to Be Due for Work
Performed
AS HEAD BOSS ATAM MINE
President of the Company Received a
Tip From a Chicago
Man.

enudf DeIOfe auJOufnlnS Tor the summer,
held a session of court last night. 1t last
ed from 1880 until 9:45 o'clock. The mat
ter under adjudgment was the suit of F.
w. Cowan VS.. The Minneapolis Gold
Mining company, an action to recover
Judgment for $3.50 which the plaintiff al
legged was due him for services rendered
the company as superintendent of opera
tons at it's properties last year. Consid-
cradle testimony was taken and by the
time court adjourned the plaintiff had al
most finished his side of the controversy.
DR.. Hansen testified today. He said
he had known Cowan to perform work for
the company. He had known him ten or
eleven years, about half of which time he
had been employed as a railroad train
conductor on the Northern Pacific. In Oc-
tober of 1898 Cowan had worked in the
office of the mining company. On cross
examination the doctor stated that Cow
an and himself We're pc, sonal friends.
This closed the plaintiffs case and Mrs.
c. H. Anderson, president of the company,
told what she knew in behalf of the de-
Tense. She said the c~ompany's property
consisted Of nine claims located seven
miles south of Butte. Six of these were
AAoAk HSnS IL Liz NSlS
mines, she no; they We're only
prospects.
In the answer of the to the
plaintiffs complaint the defendant clleg-
ed that Cowan had obtained the position
through false representation, and this
matter was brought up today. Mrs. An
derson testified that in order to get her
to sign the contract between Cowan and
the company Cowan had told her he would
sell $4,000 worth of company stock within
two days and SIC, 900 worth in ten days.
An objection to the statement was made
and after a short argument the court or
dered it to be stricken from the testi-
mony.
Mrs. Anderson did not know whether
the plaintiff had ever visited the property
after the signing of the contract. He had
told her he had done nothing up to No
vember 4. She had asked him to get up
a prospectus for the company, but he had
not done Il. This statement was made in
answer to testimony gwen by the plain
tiff to the effect that he had suggested to
her that a prospectus be issued. She said
she herself a made the suggestion; that
SO far as she knew he had never sold any
of the stock.
Cross-examined, she said there were
many things she had asked him to do
which he did not do. Among them she
had requested him to get up a prospectus,
StHu { oul ~ lluc I1lilG W uO In DIS.
sessment work and watch the progress of
their labo1s.
"And he did not do it?" was asked.
mo, he did not"
why did you not discharge him."
Il did not consider him in my employ
was the reply.
II had a letter from a man in Chicago in
regard to him." she continued. THE let
ter said he was a sharper"
w. A. Larkin, secretary and one of the
directors of the company, testified that
he did not know of CoWan ever having
done any work at the property. Witness
had called on him three or four times and
asked him to put men to work. To this
request Cowan had replied that it would
not be necessary to commence the as
sessment work until the first of January
1899. Two claims had been lost to the
company by reason of his failure to have
the assessment work performed on them.
The president had employed men to do
the work on the other claims. Two days
later witness said he requested Cowan to
go out and superintend the work. He did
not refuse to go, but failed to comply.
Witness further said he had given CoWan
every opportunity to fulfill the terms of
the contract.
w. H. Nichols, the mining stock broker,
said he did not know Cowan and had no
recollection of ever having had a call
from him in regard to the sale Of some
stock in the company. He remembered
Mrs. Anderson as one that had ap-
preached him on the subject.
Mrs. Anderson was recalled and stated
tina she had visited the property on De-
cember %, IL days after she had sent
men there to work the assessment. She
was asked what was being done or what
a been done at the mine by the men,
but an objection was interposed and sus-
tanned by the court.
This closed the testimony. and the
court restricted each side to 15-minute ar
guments. Before a%djourning for the noon
hour the instructions were delivered and
the jury sent on its mission of justice.
The jury in the suit of Ben Baker
against the Butte Water mpa to de-
eide title to a mining claim called by
plaintiff the Keynote and by defendant
the Keno, came into court last evening
with a verdict In favor of the plaintiff.
The decision was made, however, at the
second siege of deliberation. for on the
first ballot the vote stood seven to five
in favor Of the plaintiff. Eight being the
required number to decide, the gentlemen
We're sent back to their room to further
consider the ramitications OF the case,
and one, Joseph NJ. Parland, switched
from the minority to the majority. thus
settling the controversy. Those who fa-
vored the plaintiff We're James Downey.
Joseph NJ. Parland. p. J. Murray. Pat
rick O'Farrell, J. H. Beck, Pat OLeary.
Peter McDermott and Phillip Prior. The
opposing force comprised Z. @. Dugan.
John j. Harrington, Charles Hess n
Timothy Dalton.
The suit of the Peters Saddlery COM
pany against the First National bank. to
recover Judgment for the value of some
no01O h- Co., t.
Union railroad warehouse, was dismissed
na settled In IudUa IindsaN'S court foaa,.