The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-07-23
BUTTE NEWS
HAD A SUDDEN ENDING
The Lathrop Case Dismissed
Without Prejudice.
EVIDENCE A SURPRISE
Witnesses Did Not Testify as Expected
by the Plaintiff-The Case Will Be
Brought Again-District
Court Matters.

The $1,000 damage suit of Mae
Lathrop against the city of Butte and
the Grand Opera House company came
to a sudden end yesterday morning
when the trial was resumed in Judge
Lindsay's court NJ. D. Leehey, one of
the attorneys for Miss Lathrop asked
for and was granted leave to dismiss
the case without prejudice, and in doing
so stated to the court that they had
been surprised and disappointed in the
testimony of two Of their principal wit
resses, upon whom they had relied to
prove some of the material facts He
stated that he had had at least five con-
ferences with the witness James Led
ford before he was put on the stand
and he said he would testify that the
big billboard which fell on Miss Lathrop
and injured her had for a long time
been in a loose, unsafe and dangerous
condition. and that he had notified a
policeman and also representatives of
the opera house company, but on the
witness stand he testified to almost the
contrary. Mr.. Leehey also said that
w r. Dair, bill poster, had stated
the board was unsafe and that it be-
longed to the opera house company,
but he did not substantiate that state
ment on the witness stand, and the
plaintiff had no other witness by whom
these facts could be proved.
1t is probable that another action
will soon be instituted, as the attorneys
say they can get other witnesses.
Judge Lindsay yesterday afternoon
passed on the following matters which
had been previously submitted to him:
A. A. Lisker VS.. John O'Rourke, state
ment on motion for new trial signed,
settled, allowed. and same orders in
the cases of William O'Donnell ct al.
VS.. the city of Butte, Andrew Less VS..
the city of Butte. Michael B. Holland
VS. the city of Butte and Joseph Dewitt
VS. the city of Butte.
State of Montana eX rel. Samuel J.
Reynolds VS.. f. J. Laurandeau. amend
ed petition for a writ of review sus-
tanned and the judgment entered by
the respondent in the case of John Cap
lice Co. VS.. Samuel J. Reynolds or
dered vacated and set aside.
State of Montana ex rel. Samuel j.
Reynolds VS.. e. ]. Laurandeau, amend
ed petition for writ of review sustained
and the Judgment entered by the re-
spondent in the case of the Cudahy
Packing company vs. Samuel J. Rey-
nolds ordered vacated and set aside.
In the matter of the estate of p. L.
Reagan. proposed amendments to the
proposed bill of exceptions to the order
of the court allowing and settling the
final account of the administrator
adopted and the bill of exceptions as
amended signed, settled and allowed as
correct.
e. o. Freeman VS.. Lena Johnson, de-
murrer to the complaint overrued.
Charles Colbert ct al. vs. John
Schneider ct al, motion for Judgment
upon the pleadings overruled and the
plaintiffs allowed to file their reply to
the answer of the defendants.
Anaconda Copper Mining company VS..
lMontana Smelling and Mining company
ct al, demurrer to the amended answer
of the defendant Montana Smelling and
Mining company sustained.
In the matter of the guardianship of
Grace Sweitzer ct al, bill of exceptions
settled and allowed as modified and
ordered engrossed in accordance with
the order signed by the court.
The suit of Barney Mckinley against
John OROurke was partially tried by
the court yesterday morning, sitting
without a jury. The plaintiff and the
defendant O'ROurke respectively in
terposed motions for judgment on the
pleadings, which We're argued and
taken under adVisement.
In the Nipper-Odin mining case in
which Ed Hickey and others are plant
IFS and the Anaconda and Washoe
Mining companies are defendants, a pc
tition was filed in court yesterday by
the plaintiffs for an order of court per-
hitting them to enter the Anaconda
mine for the purpose of doing some de-
Nelopment work. They claim to be-
lieve that a vein which has it's apex in
the Nipper dips into a portion Of the
Anaconda ground and they want to
run a drift and make an upraise some
where.
James Harvey and Orrin Stone yes
terday commenced an action against
Charles SChatZlein and William Ows-
ley for $l1 800, claimed to be the value
of the plaintiffs share of ore taken out
of the Lincoln and Tidal Wave lode
claims, in Madison county. The pla
fffS alleged that the defendants took
lout $4,000 worth last year and also got
another amount of equal value from
the plaintiffs for which they did not
pay, and 5000 worth at another time.
The plaintiffs also claim 20 per cent.
on all the proceeds of the mines and
81 900 as damages done to the property
by reason of the understandable man
ner in which the defendants operated it.
In the damage suit of Sophia James
against Thomas Stephens, administra-
tor of the estate of Frank Stephens
deceased, the defendant yesterday made
an answer. He relates that Frank
Stephens during his lifetime loaned the
plaintiff $500 on a chattel mortgage or
her household goods and that on NOV
9, 1898, during the plaintiff absence
from her home, some one threw the
stuff out of the house, and the defend
ant, with the consent of the plaintiff
took charge of it and stored it. He
says he is ready to deliver it to hel
al any time she pays the charges on it
In the Minnie Healey mining case OF
Miles Finlen against F. Aug. Heinze
and others, the plaintiff yesterday filed
a reply to the defendants answers and
denies that he ever agreed to assign
10 them his interests in the property.
In the case of the CITY Of Butte