Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-02-10
NO SHOW ING M ADE
Suits Dismissed For Want Of
Prosecution.
Gamblers LOSES HIS SUIT
And Mrs. Westlake Encounters a
Similar Experience--Stras-
ser Bound Over.

ser bOunQ UVeTs
Judge Clancy did not have any cases to
try thism morning, but he disposed of some
just the same. In the matter of the st.
Paul Mining & Milling company against
p. H. Regain, there was no one present to
represent the plaintiff, and a dismissal
for want of prosecution resulted The
minutes of the 9Th, however, showed that
the ease was continued generally on that
| date, and it will therefore probably be
reinstated.
The suit of Minnie S. Fitzpatrick VS..
Martin Dempsey was also dismissed FOR
want of prosecution, and the action en-
titled Michael O'Donnell VS.. Zorn & Greg
| ovich was dismissed as settled.
The damage suit Of A. A. Lager-Green
VS.. Celia Peterson was wiped from the
docket for all time. After the action was
instituted the defendant killed herself.
+. Augustus Heinze has filed an an
swer to the suit brought against him by
Elvira v. Wilson to recover judgment for
1895, alleged to be due her on an assigned
account from William Wilson for services
rendered as superintendent of the Big
Bonanza mine between August Z, 1897,
and February 2S, 1898. The defendan de-
MES that Thompson Campbell, Maggie
Wilson and Clara Bien We're copartners
in a mining venture in this county dur
ing the time mentlOned; denies that the
services of William Wilson We're reason
ably worth So per day or any other sum;
denies that Wilson was ever employed or
requested to act as superintendent; de-
MES that the other parties or himself ever
paid Wilson s415 on account of services
rendered as superintendent. HeinZe al
leges that Thompson Campbell, William
Wilson and himself, as mining partners,
operated the Big Bonanza under lease;
that Campbell had an undivided eighth.
Wilson an undivided three-eighths, and
the defendant a fourth; that the lease was
originally granted to Wilson; that there
after he assigned it to Maggie Wilson and
Clara Bien, his daughters; that all the
Operations in connection with the mine
were carried on for Campbell, Wilson and
the defendant, although Wilson's interest
was in the name Of his daughters; that
Wilson assumed control Of the mining
operations, and for a portion of the time
excluded Campbell and defendant there
from and refused to allow them to exam
Inc the mine or work being done, or to
have any Of the ores produced; that all
services performed about the mine were
for himself, and not the defendant and
Thompson Campbell.
The defendant further alleges that
prior to the time the assignment of the
claim was made he settled with Wilson.
and he is therefore not indebted to him.
The damaee suit of John ]. Gamblers
against William Lowry, William B..
Hamilton, Donald ellis and others was
ended in department No. 1 of the district
court last evening. The matter was
placed in the hands of the jury about 4
O'Clock and a verdict in favor of the de-
PENDANTS. was returned an hour or two
later. The defendants Won every point.
The suit was brought by Gamblers to
recover $4,000 damages alleged to have
been sustained by him in the working of
the Gamblers mine by the defendants, who
had a lease on the property. Gambler
alleged bad workmanship on the part of
the ~lessees, but the Jury found that the
timberlng was done in accordance with
the stipulations of the lease and that the
tagging work was all right.
estate of Patrick A. Largely, has filed her
annual report of the condition Of the
estate. The document shows that she
has allowed claims a~ggregating $50, 457. 66
and paid So. 423 $50 Of them, leaving a bal
ance Of 1902 1914 in cash on hand be-
longing to the estate.
Elizabeth M. DOwler was granted a
decree Of divorce from A. L. Dowler by
Judge Clancy yesterday. The plaintiff
told the court that she and the defend
ant were united in marriage in Racine,
Wis, ON March 4, 1891, but he had de-
serted her in his city on November Is,
1896.
Dowler is now travelling for a Chicago
drug firm.
In department No. 1 of the district
court yesterday Judge Leslie dismissed
the suit of J. H. Peterson against Thomas
Carver and others for want of prosecu-
ton. The suit of H. L. Haupt against E.
w. Thomas was dismissed as settled.
Edward Westlake and his wife Anna
were legally separated in Judge Clancy's
court late last night. The case was de-
cided by a jury, which not only granted
Westlake, the plaintiff, a decree of di-
vorce, but decided that he was entitled to
half of 6 5000 worth of community prop
erty.
The trial of the cause lasted two days
and a half. This is the third time they
have been legally divorced.
In Justice Nichols court yesterday
evening Barney Strasser was bound over
to the district court to answer a charge
of having received stolen property know
ing it to nave been stolen.
On the night of January % a horse and