Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-08
Strike of Rich Ore in the Ru-
by Mine Responsible.
II WAS TO BE A BONUS
PAYABLE on the Attainment of Certain
ReSultS-Saner Wins His Suit
Against Hartman.

The trial of the suit brought by Harry
Melville against Charles H. Nickel, Jacob
Graft and Adolph Moldenhauer, the latter
of San Francisco, to recover judgment
for $1,000 on a contract. was comnencei
in Judge Lindsay's court this afternoon.
The plaintiff is being represented by
William e. Carroll and the defendant by
Judge W.. H. Dewitt and ]. x. Mcdonald.
The suit is rather a novel one. In 1890
Melville says he took a contract from the
defendants to drive a tunnel on the Ruby
mine, Chen owned by them) in the Low
land district and the latter told him that
in case he struck a body of ore that would
yield 500, 900 they would give him a bonus
of 81, 900 and pay him his regular daily
wages. The agreement was placed in
writing. Melville alleges that he went to
work and in due time struck a body OF
ore. He demanded the 81. ZOO, but the de-
PENDANTS would not pay it because 1T had
not been shown absolutely that the ore
body was worth $40, 900. The matter rest
ed until about two years ago when NJ. L..
Hewitt secured a lease and bond on the
property and began taking out and ship
ping the ere. Since then~it is claimed that
the ore body struck by Melville has yield
ed $685., 900. AS soon as enough ore had
been extracted to insure the 2 1000, Mel
Vile began suit in the district court to
recover judgment for the $1,000 and it is
now being tried.
The suit of NJ. ]. Connell against H.
Godin was dismissed as settled in Judge
Clancy's court today.
The trial of the suit of Al Saner against
Betsy Hartman and others ended today by
the jury awarding the plaintiff judgment
for SOL and costs. Saner sued for $1O6.
The suit grew out of the alleged violation
of the terms of an agreement in connec-
ton with the erection of the Hartman
block in South Wyoming street on which
Saner did the plastering.
Thu bill of exceptions and statement on
motion for a new trial in the case of the
state against Daniel Lucey, sentenced to
be hanged Friday for the murder of Pat
rick l.. Regain, but granted a respite until
Jan. /, was presented to Judge Clancy for
settlement in his chamber today. The
judge took it under advisement.
Mrs. F. j. Bliss. who runs the Union
lodging house in the eastern part of the
city, applied to the county attorney today
for the privilege of searching the trunk
Of Ami Carlson, who she thought might
know something about the sudden disap-
pearance of eight dozen towels and 25 bed
sheets from the lodging house. On maxi
ing the necessary affidavit the request
was granted in the shape of a search
warrant.
A complaint charging William ]. Clark
with disturbance was issued from the
county attorneys office today and filed
in Justice Bliss court. The complainant
was Mrs. Clark, who last evening began
divorce proceedings against her husband.
AS soon as the papers were served on him
in the divorce suit he went home and,
according to her story, created all sorts
of trouble.
County Attorney Connolly will make his
return on the smoke proposition in Judge
LindSay's court tomorrow morning. Up
to noon today he had received answers
from all the smelter managers save the
Butte Reduction Works, but deemed it
advisable to confine them to his own de-
partment until after their presentation to
the Judge.
w. l.. Eppinger was arrested in Helena
last Monday on a charge of having stolen
Alex LASTS typewriter in this city while
Mr.. L4aist was soldering in the Philip
pines and brought back to Butte by Dep
uty Sheriff O'Neill today. x#H
A warrant charging Jack Tonkin with
grand larceny has been issued from JUS
tice Nichols court. 1t is alleged that last
Monday the defendant bought $50 worth
of goods at the NJ. j. Connell store on the
representation that he was working in
the West Colusa mine and had money
coming to him. He is alleged to have as
signed his time to secure the paymen of
the amount. Yesterday he returned to
AUTUMN'S CHILLY DAYS