davidaulloa/AmericanStories huggingface dataset:
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31
LUCEY'S LEASE OF LIFE.
HE IS GRANTED THE PRIVILEGE
OF LIVING OUT THE YEAR.

Relative to the respite granted Daniel
Lucey yesterday by Governor Smith the
Helena Herald of last evening says:
DAME Lucey, who is under sentence to
hang in Butte Nov. 10, will not pay the
penalty of his crime upon that day, as
Governor Smith today granted him a re-
spite until Jan. l, 1900. The governor
took this action upon the request of his
attorneys, who desire additional time in
which to perfect a motion for a new trial,
and in the event that is denied, appealing
to the supreme court.
Messrs. Thresher & Hamilton, Lucey's
attorneys, petitioned the governor to al
low the condemned man a further lease
of life While they resorted t. the rights
granted by the laws of the state to pro-
tect their clients interests. They repre-
scented to the governor that unless the
stay was granted the sheriff of Silver
Bow county would carry out the orders of
the court before the efforts to secure a
new trial could be made.
B. S. Thresher, one of Lucey's attor-
neys, sent to the governor a petition re
citing the reasons why a stay should be
granted. He set forth in his petition thai
IN Sept. 26 Judge Clancy sentenced Lucey
to hang Nov. 10. Ten days after the YER
diet was announced Lucey's attorneys
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31
PERSONALS.

A. w. Niles Of Livingston is in the
city.
H. L. Frank went over to Helena this
morning.
Senator Jerry Connolly is in the city
from Garnet.
Ex-Governor j. K. Toole was in the
city yesterday.
E. N. Carter, wife and child, of Roze-
MAJ are in the city.
A. j. Shores, attorney for tie Great
Northern. is in the city from Great Falls.
Sergeant Thomas J. Bordeaux left last
evening N a SiX-Weeks' visit to friends
in Shreveport, La.
Senator-elect w. A. Clark left last
evening for Salt Lake to inspect opera
tons at the Ophir mine.
Laurence Harris has returned from an
extended trip to New York. Mrs. Harris
will remain there a few weeks longer.
j. r. Thompson and George II. Me-
Dougall left this afternoon on d duck
hunting expedition in the vicinity Of Red
Rock lake.
Lou Hess, who has been a resident Of
Butte for the past ten years, during four
and a half of which he WAS The able
and popular manager Of the firm Of
Cans q Klein has severed his connection
with that house. and today enters Tile
employ of the Symons Dry Goods com
pany. Mr.. Hess is Il Very able sales
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31
THE RAILROAD

New York, Oct. 3l.--The Herald says:
c. p. Clark. president, and j. NJ. Hall,
vice president OF the New York. New Ha-
ven 4 Hartford. and Robert r. Lincoln,
president. and Mr.. Wicks, vice president
Of the Pullman Palace Car Company,
will meet today in this city for the pur-
pose of arranging fol the turning over of
the New fiaven's sleeping and parlor car
service to the consolidate Pullman
Wagner company. In connection with
the New HaNen,s plan to turn oyer its
Sleeping car business to the consolidated
sleeping car company, several very inn
portant facts became known. One OF
them was that on the Saturday before the
Pullman Wagner deal was signed the
New Haven directors passed resolutions
agreeing that the New Haven company
would sell out it's sleeping. dining and
parIor car business to the consolidated
company. 1t has now developed that
other companies also previously agreed to
turn their parlor car business over to the
Pullman-Wagner company. It is note
worthy hat j. p. Morgan was largely in
strunlental in persuading outside com
panies to make use of the sleeping cars
of the combination. Not long after the
deal It became known that while the Pull
man had absorbed the Wagner
company. Mr.. Morgan. Mr.. Vanderbilt
and their friends had in turn obtained
control of the Pullman company. Among
the other companies that are expected TO
come in are said to be the Boston & Maine
and Chicago, Milwaukee & st. Paul roads.
Another important incident in connection
with the agreement of the directors of The
New Haven road to use the Pullman
Wagner cars had refused to give up run
ming the company's Old sleeping and dim
ing cars and allow the Pullman compauy
to take charge of the service. Wien the
matter came UP on the second Saturday
in October on the resolution to sell out,
Mr.. Clark was unable to muster votes to
defeat the scheme and Mr.. Morgan's
proposition carried the day. Mr.. Morgan
was backed by William Rockefeller, who
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31
A SMALL ESTATE
Over Which the Heirs Are
Fighting.
MRS. TO0MEY'S MONEY
der Husband is Charged With Having
Stolen His Wife's Telegraph
Will.

The preliminary hearing in the case of
the State VS.. Dominick l.. Toomey,
charged with the theft of the Photograph
will of his wife, Mrs. Kate Toomey, was
held before Justice Harrington this
afternoon. The complaining witness is
Miss Della Pitts. Mrs. Toomey died on
October IA, leaving about 50, 700 in cash
and some property. Miss Pitts alleges
that several days prior to her death she
wrote a will in the presence of the COM
plainant. tbs will was sealed in an en-
velope, addressed to Miss Annie Clarity,
a sister of Mrs. Toomey. residing at No.
liz Jessamine street. st. Paul, and the
envelope was given to the complainant
with Instructions to deliver it to Miss
Clarity. 1t was placed by the complain
ant in a certain desk in the Toomey
house, and, the complainant alleges, was
stolen by Toomey. TIL value of the will
is placed in the complaint at $4,000. The
complainant also alleges that the defend
ant has admitted that he has in his pos
session the document in question.
Chancellor O'Donnell appeared as spe-
cial prosecutor and Alex Mackel for the
defendant.
Miss Della Pitts testified that she had
known Dominick Toomey about Is
months; that he was married to her sis
ter: that for three months prior to her
sisters death witness resided with her at
No. 127 East Park street. On September
Is Mrs. TOOmey wrote her last will and
testament, which was written and signed
in witness presence, sealed and ad.
dressed 1t to Miss Annie Clarity, st.
Paul, Mimi. On September % Mrs
Toomey gave witness the sealed will
Witness placed the document in her desk
in her bedroom. The desk was locked
and the key placed in a drawer. Witness
saw the will in the drawer of the desk
on October 2. On the next day the docu-
ment was missing.
The witness testified hat Mrs. Toomey
read the will. 1t made disposition of
Mrs. Toomey's estate as follows: Miss
Annie Clarity was to receive $500 for
herself and $4G0 for the care of Mrs.
Toomey's mother; a Mrs. Margin was tc
receive $500. and 81 900 was set aside for
Mrs. TOomey's child, and provision was
made for her burial expenses. The fur.
niture Of her lodging house was left te
her husband.
On the morning Mrs. Toomey died
ToCmey came to the witness and tolG
her that he had the will, and read it tC
the witness. He also old witness tina
he had taken the will from the desk, and
made a demand on the witness for the
81, eco which she had in her possession
belonging to the estate. The witness
gave it to him. Witness stated that ir
her opinion the will was worth the
amount of property which it disposed Of
The hearing had not concluded wher
the Inter Mountain went to press.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31
SHERIFF'S SALE.

Joseph II. Smith. plaintiff, vs.. Edward
Phugi, and Line Pnugi. defendants.
To be odd at sheriff's sale on the 21st
day of November, A. D.. 1899. at 2 o'clock
p. M, at the front door OF the court
house in the city of Butte. county of Sill
yer Bow, state of Montana, the follow
ing described real property, to-wtt:
That certain lot or tract, situated in
section nineteen 40 of II. 3 N. r. Z W..
in Silver Bow county, Montana, and in
cluded with the metes n bounds begin
nin- at the n. q. corner of said tract,
from which point the s. g. corner of said
section nineteen l9) bears south l de-
gree 6 minutes G. 1896 feet distant: and
running thence south one hundred and
fifty feet; thence west one hundred feet;
thence north one hundred and fifty feet:
thence east one hundred feet to the place
of beginning: which tract is also describ-
ed as lots numbers sc. 81. 3S. SO and 40, Of
block number five. of Chelsea addition,
and toWnsite described in a plat not Of
record.
Also the following described tract sit
uatad IN said section, county and state,
and included within the metes and bounds
beginning at the $. e. corner, of said tract
from which the S. e. cOrner of said Sec
ton, 10, bears : 3 degrees 81 minutes, 30
seconds, east 1865 feet distant; and run-
ming thence north one hundred and fifty
feet, thence west one hundred feet;
thence south one hundred and fifty feet;
thence east one hundred feet to place of
beginning, which tract is also described
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31
LOCAL BRIEFS.

The body Of Peter Rineback, who died
yesterday at No. $50 East Park street is
at Duggan's Undertaking partnls await
ing funeral arrangements.
The funeral Of G.. r. Kellogg. Nho died
Sunday night. will leave the family resi-
dence No. 705 North Main street, o-nlor
row afternoon at 2 O'Clock.
The funeral of Michael Lynch. who
died Sunday night, will leave the family
residence No. ~ East Center street. Cen
teryille, tomorrow afternoon at > O'Clock.
The fighting strength of the Beers is
one of the things that no fellow has yet
found out. They seem to be of sufficient
numbers, however, to worry he English
forces. The strength of Centennial beer
among the people of Montana rests in it's
known purity, all Of the ingredients used
in it's manufacture being of the very
purest. 1t has a splendid reputation
wherever sold and being a Montana
made beverage should be given prefer
ence to eastern beers, many brands of
which are notably inferior.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31

was recently elected a director of the
New York Central. Along the line of the
New haven road Mr.. Clark's defeat is re-
gafded as an Indication that Messrs.
morgan and Rockefeller are supreme in
mahasefnent of the company and Mr..
Clark's associate. Mr.. Hall. will. not be-
come president when Mr.. Clark %retireS.
IL was stated yesterday On trustworthy
authority that William H. Baldwin, Jr.,
president of the Long Island railroad. had
oeen offered the presidency of the New
maven road and that he was likely to ac-
cept. There has been much curiosity as
10 winch corps of officials of the palace
car companies woul be disposed of. 1t
was learned yesterday that some of the
leaolng officials of the companies would
ne retained. but that the general office
1orce OF clerks of the Wagner company
Wouid be let out. All of the operating
STAIR of the Wagner company on the road
will remain.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31
NOTICE FOR puBLlcATION.

Notice 10 hereby given that John B.
cearenteau OF Dewey. Montana, has filed
notice Of intention to make proof OILY his
desert-land claim No. 3,344, for the neA
and SEX OF nwA. Section ~. T.. 2 NJ, II.
13 W.. Nj. H., before the clerk OF the
district court at Butte, Montana, on Sat-
urday, the 18th day OF October, 1899.
He names the following witnesses to
prove the complete irrigation and recla-
Andrew J. DeLashmutt deceased, here.
tofore admitted to probate in Frederick
county, Md. and a certified copy OF
which, together with the proof Of probate
thereof, duly authenticated has been filed
in this court. and for hearing the appli-
cation Of Joseph p. Collins. public admin
nation OF said lan:: Peter II. Demo OF
Dewey, Mont: Ulrich H.. Demo o: Dewey,
Mont: James jensen of Dewey. Mont.
VIM. Forest Of Dewey, Mont.
GEORGE D.. GREENE,
Register.
Co~k p foNn
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31

| gave due and sufficient notice Of defend
ants intention to move for a new trial.
Within the time allowed by aw. Lucey's
attorneys presented to the court the
draft of the bill of exceptions intended to
be used on the motion for a new trial
and asked the court hat the same be
settled, allowed and signed. The draft
of the document was a long affair. 1t was
not examined by the court as the court
was then busy trying a long case which
had occupied his time for ten weeks. Mr..
Thresher says that because of the alb
sence of Judge Clancy from Silver Bow
county at this time he doubts very much
whether he will return before Nov. Is.
three days after the date set for the exc
cution. The court having denied the re-
quest that the death warrant be withheld
until the motion for a new trial had
to be disposed of relief had to be sought
in an appeal to the governor for a respite.
Concluding, the petition says: That
it is the desire of the said DAME Lucey
and the intention of his attorneys to bring
said motion for a new trial on for a hear
ing as soon as they can be heard before
the court and your petitioner verify be-
lieves that a hearing on the said motion
for a new trial can not be heard before
the 25th day of November A respite
is asked until December l.
The governor grants the condemned
AlioI tIe privilege OI llSluS Until TIE ITSl
of the new year providing a new trial has
not in the meantime been granted. The
following is the respite which was sent
to-day to Sheriff Regain Of Silver Bow
county:
Whereas, 1t is made 20 appear to me
that Daniel Lucey was convicted in Sill
yer Bow county, state of Montana, of
murder in the first degre and was on the
26th day of September, last, sentenced
to suffer the death penalty by hanging
on Friday, November 10, 1899; and,
Whereas, 1t appears that said Lucey
by his counsel, has made a motion for a
new trial, and that it Will be impossible
to prepare the statement on motion for
new trial and rave aid motion heard on
or before November 10th, the day set for
the execution Of the sentence:
Nov, therefore, I, Robert B. Smith,
governor of the state Of Montana, by vir-
tue of the authority vested in me by law,
do hereby grant a respite Of sentence to
! said Daniel Lucey until the 1st day Of
January, 1900, to enable the appeal in his
case to be perfected. and l direct the
sheriff Of said county Of Silver Bow to re-
frain from carrying into effect the judg-
ment and sentence against said Daniel
Lucey until said list day Of January. 1900.
I'm witness whereof. ! have h~ereunto
set my hand and caused the great seal of
the state of Montana to be attixed this
30th day Of October, A.. D. 1899.
'ROBT. Is. SMITH.
"GoVernor.
BY the Governors:
IT. S. HOGAN,
Secretary of State"
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31
world. Such structures are COSTLY. and
alihOugl constructed With a view to con-

world. Such structures are costly. and
although constructed with a view to con-
cealing from the eye all the horrors of
the incarceration. the processes by which
the body is reduced to ashes, yet the
sensitive still shrink from the spectacle
OF seeing the body Of a loved one placed
in a retort and burnt to powder.
with LIQUID air this incinerarron can
be accomplished without these attend
ant horrors. For you must know that
liquid air is so cold that it is hot-a con-
tradiction which is patent to those who
have handled it. It's temperature is 312
degrees below zero. and used in certain
ways absolutely destroys all tissues. The
destruction OF the human BODY would be
accomplished more speedily than with
the method of incarceration now in use.
and it would be more complete. as no
ashes would be left Of what was once a
body" 4.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31
NOTICE TO CREDITORS.

Estate of Henry Clay Stebbins, de-
cesed.
Notice is hereby given by the UNDER
signed executors of the estate and last
will ard testament Of Henry Clay Steb-
bins. deceased. to the creditors Of and
all persons having claims against the
said deceased, to exhibit them, with the
necessary vouchers, within ten months
after the first publication of this notice,
to the said executors at the office Of
Forbis & Madison, Butte City. Montana,
action of the business OF said estate. IN
the County of Silver Bow, State OF Mon
tana.
WILLIAM BOWIE,
LUCINA EOWE.
Executors n. the estate and last will and
testament of Henry Clay Stebbins, de-
ceased.
Dated Butte, Montana. this 18th day Of
October, 1899.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31
NOTICE FOR PUBLICATION.
Sept. Z. 1899.

Land Office at Helena, Mont. Oct. 2,
1899.
Notice is hereby given that the follow
Ing named settler has filed notice OF his
intention to make final proof in support
of his claim, and that said proof will De
made before the clerk Of court at Butte.
Mont, on No. I. 1899. viz: James Reece,
for Home Entry No. 6,056, for the W.
NWM and VIZ SWA Sec. 20. TIP. 2 s.,
r. Q West.
He names the following witnesses to
prove his continuous residence upon and
cultivation of. said land, viz: James
Speelman. W. l.. Robbins, Andrew Free
born Edwin Hardisty, Me!rose. Mont.
GEORGE d. GREENE,
Register.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31
NOTICE FOR PUBLICATION.
Mining Application No. I46, United
States Land ONCE. Helena, Montana,

Mining Application No. H4e, United
States Land ONCE. Helena, Montana.
October Is, 1899.
Notice is hereby given that Ellef Peter
son. whose postofiice address is Butte,
Montana. has his day filed an app,ica-
tion for a patent for 1900 linear feet, the
same being for 80 feet in an easterly
and l.4TO feet in q westerly direction
from the point of discovery on the Ethel
Lode Mining Claim, situated in indie
pendence Mining District, Silver Bow
County, Montana, the position, course,
ignated by an official survey thereof, as
Survey No. $3.50, Township No. 8 N,
Range No. s W., a notice of which was
posted on the claim on the 23rd day of
October, 1899, and being more particularly
set forth and described in the official
field notes and plat thereof on file in this
Office, as follows. to-wlt:
Beginning at the northeast corner.
where is set a granite stone 6x12x24
inches, IS inches deep, marked 1880 for
Corner No. !, from which the quarter
section corner on the north boundary Of
Section 10, !. n, Y. 8 W., bears north
20 degrees 36 minutes west, 6S0.5 feet
distant. and running thence south 8 de-
grees 40 minutes east, 315 feet, to the
southeast Corner No. 2; thence south 81
degrees west, 1,4S0 feet, to the southwest
Corner No. 3; thence north . degrees 40
MINUTES west, bUO 1eet, 10 the northwest
No. 4: thence north SO degrees 81 minutes
east 800 feet, to Corner No. /, the place,
of beginning, containing an area of 1857
acres, claimed by the above-named APP
plicant for patent.
The location of this mine is recorded in
the office of the Recorder of Silver Bow
County, on Page AL in Hook S, of LCdes.
The adjoining claims are on the east
SurveyNo. 1876, the Tiger Lode. Frank
kreiter applicant, and on the south Sur
vey No. 1883, the Oriole Lode James c.
Friend applicant.
GEORGE d. GREENE,
Register.
JOS. II. HARPER,
United States Claim Agent.
(I1iIst Publication October 26, 1899 =
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31
AT SUTTON'S NEW THEATER.

Another crowded house greeted MUIR
raw and Mack at Sutton's new heater
Hast night. ~"Flannigan's Ban is a
WhirlWind of music and fun. and the pro-
duction is pleasing. There are no duh
moments. the waits are short and those
who have not seen it have a pleasant
evening in store. The production will be
repeated every night this week and the
engagement will close Sunday evening.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31
Attachments For Three DELHI
QuentS Issued.
ONE DIVORCE GRANTED
Her Husband Went to Dawson City
and Did Not Ask Her to
GO Along

Out OF 100 names drawn from the box
a few days g for jury duty in depart
ment No. l of the district court 81 of the
person owning them We're returned as
served and to-day the following were
selected from them for service:
Herbert r. Brown Pat. Colligan. j. L.
Carroll, H. c. Holland, Jno. Iiauswirth,
E. v. Maze, John f. Opie, James O'Brien,
c. NJ. Palmer. John Sharkey, A. H.. Tay-
lor, VIM. Bailey, Frank Bateman, H. C.
Corkish, John Dunstan. Frank Gibbons,
John J. Green, Fl. E. Heath, S. Levy,
M. j. Murphy, NJ. S. McMurray, j. L.
Nettle, Chas. H.. Nickel, John O'Rourke,
John O'Neill. A. j. Robertson, Geo. E.
Sherman, Peter J.. Sullivan, Arthur
Walsh.
The following We're excused: Joseph
Allinandi, James Brett, NJ. A. Berger,
! John Bode, William j. Davis. Il. Z. Early,
Joseph II. Gillick. Daniel Hurley, George
Mason, p. j. Macarthur, James Mccoy
ern, Alex Mckenzie, Joseph NeVin, j. r.
Russell w. Il. Seward, w. I. Stolden,
George G.. Beckwi,h. James r. Coults,
Michael Carroll. John Mclaughlin and
John AZ. Stewart.
NJ. p. Sipple, NJ. j. onnell and William
! Hobba being absent, attachments We're
Ahf1S ~ l'h& iot 'iiNA 'o1 49, N.S
room at the time the attachment was
ordered and Mr.. Iiobba entered later. but
the court, desiring to take up all of the
delinquencieS together, took a recess
until Mr.. Council could be found.
Plaintiffs proofs in the divorce suit Of
Alice Dwell IS. James w. Dwell were
heard in Judge L.indsay's court this
afternoon. Mrs. Dwell testified that the
defendant and herself We're united in
marriage in Kansas city in 1889 and one
boy. now 6 years old, had been born to
them. The defendant had never sup
ported her. she said, and two years &
deserted her and went TO Dawson City,
Alaska. without inviting her to accom-
pany him. He had given no reason for
eoing-they had no trouble. BY occupa-
ton he was a sa~loon-kteDer and drank
Very hard.
Mrs. Gwinn at whose house plaintiff
has been living, said she had known:
both of the parties to the action two years
= and the defendant had abused his wife by
swearing at her. not supporting her and
BY taking hold Of her. The decree was
granted.
In the divorce suit Of Schrepfer VS..
! Sphrepfer, the default of the defend
ant was entered and the hearing of
plaintiffs proofs set for Saturday..
Similar action was taken in the suits
of Kinney vs.. Kinney and GrossWeiler VS..
GrosSweiler.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31
THE COPPER SHARES,

The closing quotations of the copper
mining shares today We're: Amalsam-
ated. $751; 0 Anaconda. $500; Boston &
Montana, 1923: Butte & Boston. $6S; Cal
umet e. Hec!a. $3.50: Mohawk. $11; 0sce-
ola, SS5; Parrot, $45. 25; Tamarack, $2l4.50:
Utah Con, S33.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31

HOUSE KEEPING ROOMS FURNISH
ed. Several furnished rooms for house,
keeping with all cooking utensils me-
cessary. The coolest weather will not
be noticed here as the block is solid To-
inch brick walls, we'll finished. Get a
room III don't freeze in board and paste
board houses. The saving i'm fuel will
be equal to your rent. So w. Galena
under new management,
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-31
|, D. McCRECOR
VETERINARY SURGEON,

Honorary graduate OF the Ontario Vet.
Urinary College. Toronto. Canada Treats
all diseases of dcmesticated animals &C.
cording to scientific principles. Office at
Marlow's Stables. 104 South Main street.
Telephone 2s3. All cases promptly at>
tended to.