Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-27
Felix France Sues His Employ
erS For $500.
AN IMPORTANT POINT.
Involved in the Action, As it Relates
to the Character of a lamp
ing Rod.

Felix France has commenced an action
against Erwin Higgins, P. c. Come and
John Doe to recover judgment for $500
damages to compensate him for injuries
alleged to have been sustained by him
while working as a miner for the defend
ants in the Emery mine in Deer Lodge
county, and as there is a new point in
volved the outcome of the suit will doubt
less be watched with considerable inter-
est. In his complaint he alleges that on
April % of this year, while William StreW
and himself We're working in the Emery,
the defendants negligently, carelessly
and knowingly furnished them an iron
rod about six feet long with which to
lamp dynamite in holes drilled in rock
to be broker by blasting; that defend
ants knew said rod was an unsafe and
dangerous appliance with which to do the
work; that while Strew was tamping a
hole the dynamite in it exploded and per-
manently injured plaintiff. Continuing,
he states that three splinters Of wood
were driven into his flesh, one into the
left ankle, one INTO his left side near the
hip and the other into his right arm near
the elbow. In addition to these wounds
he says the fingers of his right hand were
broken, bruised and smashed and he was
otherwise injured. He demands $4,000
general damages n $500 for loss of time.
The defendants, he further says were
working the property under lease.
This is the first damage suit based on
the iron rod tamping proposition ever
brought in this section.
Every revolution of the wheel of time
brings forth new revelations and move
! ments in the ~embroglio that has broken
out between the sisters and husband of
the late Kate Toomey over the estate left
by the deceased woman
First came he petition of Donlnick l..
| Toomey, the husband, for letters of ad-
ministration on the estate, which is val
! ued at about ~, 900; then a protest by
! the sisters of Mrs. Toomey against the
! appointment of Toomey, which was sup
| ported by an allegation that Toomey had
stolen from a bureau drawer a letter
containing the will left by his wife. Fol
lowing this allegation came Toomey's APP
pointment as special administrator and
his arrest on a charge of grand larceny
made by the sisters, and then the arrest
of the sisters on a charge of malicious
mischief preferred by Toomey.
Briefly told, this was the history of the
, case up to 4 O'Clock yesterday, but at that
hour another chapter was added by one
OF the sisters, Annie 1IaIllty, WHO pell-
| toned the court for the probate of the
! will. In conformity with the latter petit
ton Judge Lindsay issued a citation re-
| curing Toolney to produce the Will Of his
wife in court at 2 o'clock Saturday, Nov.
IL.
Miss Clarity also asks that the letters
of administration be issued to her.
AS stated, Tooney is special adminis
! traitor of the estate, having been appoint
ed by the court, and in his official capa-
city demanded the production Of several
certificates of deposit belonging to the
| estate, which he stated in a petition to
J, the court We're in the possession OF Miss
| Clarity and Della Pitts. In this petition
Toomey says he has good reason to sus-
pect and does suspect that Mrs. Pitts has
concealed, embezzled, smuggled, CON-
Veyed and disposed of about $3.50 belongs
ing to the estate, and as a result of this
| declaration she and Miss Clarity have
| been cited to appear in court on Nov.
| and show cause Why they should not be
| compelled to turn the property over to
! Toomey as the special administrator.
A claimant for the $737.50 left by Ed
ward Shields, who was found dead in a
room in Mullins boarding house on the
! 18th of last May, has bee. founc in the
person of an uncle of the dead man. His
name is Patrick Coughlin: his place of
| residence, Cloughatangny, Rally Cumfer,
Kings county. Ireland. Mr.. Coughlir
has presented his claim to the district