Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-12-19
ANSWER IN
PLACER CASE
A Quartz Vein on the B0rde aux
Claim.
A MINER WANTS WAGES
Seventy-Five Dollar Suit Against the
Anaconda Company on Trial
attorney Withdraws.
MINER WANTS WAGES

Louis Frank and Charles F.. Lowenson
have fled an answer to the suit brought
against them by the Butte Consolidated
Mining to decide title to the
BORDEAUX placer lain. In the uocu-
ment they admit that the company owns
the ground, but deny that on November
4. Of this year or at my other time they
entered into possession of the property
without authority to do so. They also
deny that they are unlawfully withhold
ing the claim from the plaintiff or that
they have damaged plaintiff $500 by work.
ing it.
For separate defense they allege that
on November 6, they discovered a vein
of quartz bearing gold, silver and cop
per and located it. They then began to
sink a shaft on the vein; and allege in
this connection they are not interfering
With the rights of the mpa in the
Bordeaux placer claim. Defendants fur
Their allege that the Bordeaux placer is
not patented and no application for a pat
ent has been made by the owners of it:
deny hat the plaintiff is entitled to any
of the leads having their apices within
the survey boundaries of the claim.
TIL trial of the suit brought by Tony
Williams against the Montana Meat COM
pany to recover judgment for $75, which
Williams claimed was due him from the
Anaconda Mining company as wages for
labor performed in the Bell mine and
which was turned over to the meat COM
pany by the Anaconda, took place in
Judge Lindsay's court to-day, and al
though the amount involved was not large
enough to enable its possessor to start
a 'bank or entertain a foreign prince a
NORTH or two, it was of sufficient dimen,
s!ons 10 Engage the attention of three
attorneys, a judge, stenographer, twelve
jurypen. many witnesses, a bailiff and
clerk. l.. P. Forestell and James Healey
appeared for the plaintiff and Miles Cav
anaugh the defendant. The meat COM
pany was represented by Michael Lavell,
its manager.
d. j.. Hennessy testified tina he was
president of the meat company and was
excused.
Henry Hoskins stated tina on two oc-
casions he a accompanied Williams to
the meat company's office when Williams
demanded the money from Manager La
velle and had gone once alone. lin behalf
OF Williams. Lavelle, he said, had re-
fused to pay the amount.
You don't know but what Williams
has been paid, do you?" asked Mr.. Cava-
naugh on cross-examination.
An objection was made and sustained.
Il will ask you if o don't know it
to be a fact that this money was paid
W%illianns:"
Il know hat it has not been paid. Will
liamS odd me So
When Rarkins had finished his story
Mr.. C~avanau"h asked for a non-suit on
the ground hat nc evidence had been ad-
duced to show that the money had not
been paid.
'"rhe motion is overruled,' said the
court.
The defense introduced testimony to
show hat the none due Williams had
been paid Henry Harkins at the request
of Williams and that Harkins had been
drawing Williams salary right along.
On the particular occasion in contro-
Versy Harkins had been paid SAL. No at
tempt was made to show that the money
had been paid directly to Williams.
Manager Layelle testified that Will
liams knew the money had been turned
over to Harkins and had requested the
payment to be made.
Witness Harkins was recalled. He
said he had not been authorized to re-
ceive the money for Williams and had
not received 1t.
The jury took the case at noon.
In the suit of l.. collars VS.. e. Gilmer.
an action to recover Judgment for an
dileS6u COIllIiISSlOu VI %OU OH the transfer
of an interest in a meat market. the
trial of which is set for the 22nd, ]. NJ.
Hinkle, attorney for the defendant. |
asked Judge Lindsay for permission
to withdraw from the case, but the judge
said he would make no order until the
case was called for trial. When the re-
quest for withdrawal was made the
judge asked Mr.. Hinkle If the defendant
had been notified of his intention.
Il have ben a to find him." was
the response.