The Neihart herald. [volume] (Neihart, Mont.) 1890-1901, 1899-08-26
FOR CONTEMPT
OF COURT.
Officers of the Florence Mining
Company Commanded to
Appear Before Judge Leslie.
VIOLATION OF THE COURTS ORDERS.
Interesting Episode in the Pro-
gress of Big Mining Suit.

The case of +. A. Preston VS..
Florence Mining company, wherein
the plaintiff alleges that defendant is
mining in ground belonging to
plaintiff, and claims $4,000 dam
ages, has reached an interesting
phase, wherein Daniel Lenny, Jona-
than McAssey and the Florence Min
ing company are each cited to appear
before the district court on proceed
ings of contempt. August II, Judge
Leslie issued an order granting plain
tiff the right to enter tunnel No. l
of the Florence mine, and to upraise
therein to the surface to ascertain
the location. of the apex of said vein.
Armed with this order, Preston pro-
ceeded to the mine Thursday, Aug.
II, and stated to the local manager
that he had come to take possession
of tunnel No. |, under the courts or
ders. Superintendent Lenny denied
him admission to the mine, stating
that the company had ordered him
to refuse access, also that he had re-
ceived notice that the company had
filed bond for stay Of proceedings.
On Friday afternoon Preston, in
company with deputy sheriff Sween-
ey, again visited the Florence mine
to serve on Supt. Lenny the courts
order for the upraise, and also an or
der from the court showing that the
judge had refused to accept bond
for stay of proceedings. Arriving at
che mine Preston and the officer in
quired for Leuny, but were informed
that no one had seen him since noon.
Thhy then inquired for him at his
house, but Mrs. Lenny met their in
quiry with the same answer they had
received at the mine. AS no inform
alton of his whereabouts could OBJ
tanned, it was concluded that Lenny
must be in hiding. Preston and the
officer made another visit later in the
evening, with the same results. The
home was in darkness and Lenny
could not be found.
Last Saturday morning Preston
again appeared at the mine, not to
see I.enny, but to take possession un-
der the courts order. He inquired
for Lenny, and was informed that he
was not at home. Preston then start
ed for tunnel No. /, and as he was
about to ascend from tunnel No. 2 to
No. !, he was confronted by Jona-
than McAssey, who was in charge
during the superintendent absence.
informed Preston that he
had orders not to allow him in the
mine. Preston showed McAssey the
courts order, and informed him that
under authority of the order he in
tended to take possession and order
ed McAssey to stand aside. Where
upon McAssey threw himself against
Preston and refused to allow him to
proceed, stating that he had received
word the previous night that bond
had been filed and he had orders not
to allow Preston to take possession.
Subsequently it was learned that
Lenny was in the Falls whittier he
he had started by private convey
ance at IL o'clock on Friday night.
Monday morning, Lenny was back
at his post, and Preston, in company
with Constable Kempfer, served the
courts order on him, but Lenny still
refused to allow Preston possession.
Meanwhile the mine was guarded
to prevent Preston taking possession,
as many as II miners being placed
on guard. This guard has been do
ing duty ever since.
On Wednesday of this week Pres
ton received papers to serve on Len
ny, McAssey and the Florence Min
ing company summoning them to ap-
pear before Judge Leslie on Thurs
day, August "a, at 2:30 p. m, then
and there to show cause why they
should not be held for contempt. In
order to prevent the possible evapo-
ration of his men, Preston decided
not to attend the officer, but Consta-
BILE kempfer, armed with the courts
order, started alone for the mine.
was seen as he was about
n ontar tho a-I H. l.