Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-07-29
Of the World Messenger Com
pany Are Safe.
NATIONAL BANK
Protests Against the Claim of George
W. Davis Against Mrs.
Davis Estate.

The hearing of the motion to make
permanent the order issued by the court
a few days g temporarily restraining
the Trades and Labor assembly, Express
mems union, Dan Mcdonald, NJ. J.. Gel
ger, Charles Maynard M w. N. Holden
from alleged interference with the bust
ness of the World Package, Express and
Messenger company, was heard to day
by Judge Smith, and dissolved on all
points save that relating to the alleged
threat Of the defendants to destroy the
! boxes and wires of the plaintiff, the court
maintaining that as the defendants had
not attempted to carry into execution
their alleged threats a case of conspiracy
had not been made out. The judge stat
ed that if it could be shown that even one
ma attempted to commit any of the
overt acts mentioned in the complaint as
having been threatened, he would grant
the total injunction. This was in reply
to a statement from the prosecution that
it intended to produce testimony to prove
that the defendants threatened to have
100 men act in unison in the destruction
Of the boxes and wires of the company.
The court, in concluding his remarks,
! said he would dissolve the motion in all
of it's branches saw that portion of it
relating 10 Tie uCSlIuCllOu VI ~ OOAOS
and wires. Some testimony was
! Henry l.. Haupt stated that he was gem
, eral manage for the World Package and
Express and knew the Trades
and Labor assembly n the Express
| mems union. He also knew Charles May
nard and had a conversation with him
and other concerning the manner in
which the business Of the company
| should be conducted. George A. Clark
| and o. NJ. Hall appeared for the plain
| tiff and John N. Kirk for the defendants.
When the matter was first taken up MI.
Kirk opposed the taking of testimony on
the allegation that the order to show
cause had not been made in the name OF
the state. The judge, however, consld-
cred the order simply a notice to the par
ties to appear in court, and overruled the
motion. Kirk then maintained that no
attempt had been made to carry the al
legged threats into execution and &
ment in the matter resulted.
AT the conclusion of the hearing the
plaintiff was given 80 days in which TO
amend his complaint, so as to make IT
conform with the law.
Counsel for the Butte Water company
has filed in the district court a notice or
it's intention to move for a new trlal IN
the case in which it is defendant and ben
Baker plaintiff. In its notice 1t states
that new evidence has Oce'
and that the evidence adduced at the
other trial did not justify the verdict.
The suit involved title to the Keynote
or Keno lode claim, located in the High
land district.
In the matter of the estate Of Theo Jane
Davis, the First National bank has filed
a protest against the allowance of the
claim of George w. Davis, the executor
of the estate, who alleges that Mrs.
Davis, prior to her death, gave him
promissory notes for a sufficient amount
with interest to make the total $4,000.
The bank claims that it loaned Mrs.
Davis SIT. 900 and upwards, and as the
estate is valued at only 5000, it will get
only 81. 900 if the claim of the executor is
allowed.
Gordon Sherman, P. j. Duffy and
Joseph Mobile We're examined as to their
mental condition in Judge Smiths court
this afternoon and pronounced insane.
Inc thecase of Mobile, DIR. j. r. E. Sievers
testified that he had examined the pa
tient and believed his case to be one APP
preaching organic insanity. He was