The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-04

receiver set forth the fact that he had
made demands on the defendants and
their agents for possession and that
possession was refused him upon the
counsel and adviCo # the defendants
attorneys. John i. ~.rhis. Judge De
Witt. l.. o. Evans AND Louis Marshall.
He also alleged that the New YORK
company was, by an order of court on
the 18th day of last December restrain
ed from mining and extracting ore from
the properties and in violation thereof
it continued to take out ore and dispose
of it in contempt of the courts order.
The remittitur and opinion OF the SUI
preme court in the certiOrari proceed
ings was also offered in evidence. The
various affidavits and court records OF
fered by Mr. Corbett were objected to
by Mr.. Scallon and the objections were
overruled No objection was offered to
the supreme court opinion in the GER
tiorari case in which Judge Clancy was
upheld in his appointment of the receiV-
er.
Deputy County Clerk Simmons was
put on the witness stand to identify
several documents filed by the Boston
& Montana company Of New York, by
which Joseph H. Vivian was appointed
agent of the company and his accept
ance of the appointment.
L. o. Evans. one of the attorneys for
the defendants, was called as a witness
and asked by Mr. Mediation when he
last saw G. NJ. Hyams, the general
manager of the Boston & Montana COM
pany, and the witness said he saw him
last yesterday morning. He was also
questioned about Charles H. ANmiller,
a book keeper of the company at Bcs-
ton, and William J. Ladd. the treasurer.
Mr.. Evans objected to answering any
further questions until he had an OPP
portunity to consult with his associate
counsel. He said he would be charged
with contempt of court and his answers
might have an important bearing on the
matter. The court excused the witness
for a few minutes and he retired with
the other attorneys for consultation. On
his return to the witness stand Mr.. EV-
ans said Mr., Altmiller was in the court
room, and that he last saw Mr.. Ladd
last Saturday.
Have you any information as to the
present whereabouts of Mr.. Ladd?'
IT decline to answer that for the rea-
son that any information ] may have
came to me as an attorney and as a
privileged and confidential commune
cation
The witness was excused from an
swering.
Mr.. Evans was questioned as to the
wherea bouts of Il. Fl. Lang and Joseph
H. Vivian.
Mr.. Scallon entered an objection to
each question and each was overruled
by the court. Mr.. Evans also declined
to answer as to the present where
abouts of Frank Klepetko, general SUI
pcrintendent of the Boston & Montana.
The witness was asked as to the pres
ent whereabouts of c. S. Batterman,
P. II. Dunshee, c. r. Davis j. TT. Miles
and Richard Dave, foremen Of different
mines Of the Boston & Montana, and
he replied that he had not seen them
recently, and did not know where they
We're.
At the conclusion of Mr.. Evans eN-
animation, Judge Mediation made a
motion that the court issue q warrant
of attachment against the New York
and Montana companies, and the de-
PENDANTS, w. J. Ladd, Joseph H. Vivian,
Frank klepetko, G. M. Hyams, c. $.
Batterman. p. Fl. Dunshee, G.. f. Davis,
j. H. Miles and Richard Dave, requir-
ing the sheriff to arrest and bring them
into court to show cause why they
should not be punished for contempt, OF
give security for their future appear
ance Judge Mediation said it seemed
that the parties had been evadtng ser
vice in some way, or that the sheriff
had not made a proper search to find