Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-24
Bond With Only One Surety
Accepted BY the City.
ACTION TO DETERMINE
Whether the One Is Responsible Now
on Trial-ROcheleau Beats
Benjamin.

In Judge Lindsay's court odaV a case,
the result of which will be of consider
able Importance, was called for trial, but
at a late hour it had not been
The title of the action is the City of
Butte against L. f. Cook and others. the
others being A. F. Bray and j. E. Open
heimer. In 1896 the city gave Cook a
contract to dig a trench on North
Main street. Before the work was COM
pleted Margaret Joyce fell into the
trench and hurt herself so BADLY that
she sued the city for damages. The suit
was tried in 1897 and resulted in the
plaintiff getting judgment for $4,000. A
short time afterwards, however, a COM
promise was effected, the city giving the
plaintiff Sc, 1000. When Mr.. Cook took the
contract he gave the city a bond Of $4,000
to insure the faithful performance of the
work. In the body of the APP
peared the names OF A. F. Bray and j.
e. ~Oppenheimer, but the latter never
signed it. and Stephen De Wolfe, who
was then the city attorney, under the
Harrington administration, accepted the
bond in behalf of the city. After the
city had paid Mrs. Joyce the $4,000 it
sued Cook and his bondsmen to recover
the amount, but the defendants now
claim that in view of the fact that the
bond was not signed by Oppenheimer 1t
is about as effective as a din net would
be in catching water. One peculiar fea-
ture of the case is hat at the trial of
the Joyce damage suit several witnesses
for the city testified that the bond had
been properly verified. The city MAIN
tains that the bond is good. notwith-
standing the name of Mr.. Oppenheimer
appears in the body and does not appear
as q verification.
The trial of Fred Delysle. charged
with forgery. was set for today. but when
court convened Attorney Mackel. who,
with Peter Breen represents the defend
ant, asked for a continuance until Mon
day on the ground that Breen was out
of the city and he could not locate him
even with kilograms.
II don't know said Judge Clancy. Il
don't believe l can grant your request.
l have a jury here. l can carry it over
until tomorrow. What is the defendants
name?'
Fred Delysle. alias Frank Brown"
Brown must be his Sunday name"
remarked the judge.
The case will be called tomorrow.
The Montana Ore Purchasing compan
has filed an answer to the action brought
against it and others a few DAYS ago
to restrain and enjoin them from pump
ing water from the Rarus mine into the
Minnie Healey. In the document it al
leges that it has constructed a line of
pipe from the S00-foot level to the Rarus
through the Johnstown and into the Min
ME Healey, but the water is used for the
purpose of operating a turbine wheel for
the generation of an air current in the
soutllerly workings of the Tramwav
claim. which is being worked by f. A.
Heinze. 1t has been pumping the water
for eighteen months, but denies that the
ftl1jd has r3JJCnd the o1nJ1yo.1 in tI,n r,-
beta and Picolo claims to cave or that
it has done the pumping unlawfully. On
the other hand it says it laid the pipe
line from the 500 because it did not have
the tank capacity at the surface.
The defendant further alleges that the
cross-cut from the Minnie Healey shaft
was driven by r. A.. Heinze for the pur-
pose of intersecting a vein which had
been developed by him on the 500 level
of the property and thence to the sur
face. where the vein has it's apex within
the lines OF the claim and dips to the
north on it's downward course: that the
Boston d Montana knew the
cross-cut was being run by Heinze and
knew it's exact location, n if any water
reaches the underground workings of
the Picolo and Gambetta from the Min
ME Healey it is by reason of the plain
tif's own wrongful acts in drilling into
the aid cross-cut: that whether the dis
charge of the water from the Rarus
INTO the Minnie Healey was or is against
the wish of the plaintiff is wholly i'm
material. but denies that the water was
discharged WrOngfully, unlawfullv or
maliciously, or that the plaintiff has been
damaged in the sum Of 500, 900 or anv
other sum. ~