Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-02-17
HeinZe Bros. Bring Another
Suit Against B. & B.
JOHN M. FOSTERS BURGLAR
He Will Not Resume Business In
Butte--WaS Shot aud Killed
Last Friday.

F. Augustus Heinze and Arthur r.
HeinZe began a suit in the district court
today against the Butte & Boston Mir
ing. company. The amour of money for
which Judgment is demanded is $100, 900,
and in addition to this plaintiffs ask the
court to stop the defendant from alleged
trespass on the Rock Island and Cora
lode claims located north of the city.
There are two causes of action, one IN
law and the other equity. In the first
plaintiffs allege that since 1898 they have
been in possession of the Cora and Rock
Island claims; that F. Augustus He!nze
is the lessee of the Cora and his brother
is a half owner of the lease; that they are
entitled to not only mine and extract the
ores of all veins having their apex with
in the vertical lines downward, but also
from all veins having their tops or apexes
therein throughout their entire depth
within the vertical planes Of the end lines.
Plaintiffs further allege that there are
two or more mineral bearing veins hav-
ing their apexes within the Cora which
so far depart from the perpendicular as
to enter the Rock Island, Josephine, Sill
yer Queen, Sister, Flag and Grey Rock
lying south of the Cora: that these veins
are exposed beneath the surface of the
west portion of the Grey Rock, one in the
most northerly drift Of the 70O-foot level
north of what is called the west Grey
Rock shaft, and the other about 20 feet
north of this point; and plaintiffs aver
that all other veins in the Grey Rock
north of the vein mentioned and west
Of the plane of the east line of the Cora
have their tops in the Cora.
A similar allegation is made in connec-
ton with the Rock Island.
Continuing, the plaintiffs allege that
during the time they have had the lease
mentioned the defendant has, through
Inc Grey Rock, Josephine, Sister and
Flag claim levels mined and carried
away from the Rock Island $500, 900 worth
OF ore, for which amount they ask iudg-
ment.
Similar allegations are made in the sec
Ond cause OF action in connection with
the Cora.
The Heinzes further allege that the de-
PENDANT is still working the pronerties
from beneath the surface and ask that if
pc erJolned from so doing pending the
trial of the suit; that the court grant an
order requiring the defendant to appear
IN court and show cause why 1t should
not be restrained from carrying on the
work.
George Young, the big colored convict
who was shot and killed by Guard c.. w.
McCOllom at the penitentiary last Friday,
is the man who on the night of April IA,
1897, burglarized the residence of }. NJ.
Foster at S31 West Park street. On May
10 of that year he plead guilty to the
charge and was sentenced to two years
by Judge Clancy. The lightness of the
sentence pleased him immensely, for on
being returned to the county Jail to await
transportation to Deer Lodge he yelled:
II got only two bones," and held up two
fingers to the other prisoners to emphas-
ize it.
Young and a guard named j. E. Wilson
first had some trouble. Wilson had
charge of the morning watch and was do
ing duty in the corridor at the west side
Of the building. Acting IN Instructions
from Warden Conley he went to YOung's
cell on the first floor and told Young to
get his coat and accompany him to the
outside of the building while the cell was
being cleaned. The prisoner complied,
but on stepping to the landing drew a
club from his clothing and struck Wilson
several times on the head and face. One
Of the blows crt Wilson's cheek. The
wounded guard %grappled with Young, but
the latter got away and dropped to the
first floor of the corridor, where he picked
up the stove poker, a pine stick four feet
long, and defied the guards.
At the beginning of the encounter be-
tween Wilson and Young, E. w. Cook, on
duty in the tower in the southwest corner
of the corridor, rang the alarm bell,
which was responded to by McCollom.
who entered On the first floor of the
building, unlocked the corridor entrance
and pleaded with Young, telling him he
was worsted and asked him 10 lay down
the poker and behave himself, to which
Young replied: Il didn't kill Wilson, but
I'll get my man now, and if l go out of
the corridor it will be as dead"
Forcing the stick down on
The inside of his trousers leg, Young
walked to the north end of the corridor
and climbed the grating to the fourth
floor, where he started down the landing
in search of a prisoner by the name of
Howard, OH whom he had made a muir
derous assault several months ago and
whom he had sworn to kill. McCollom
and Wilson had reached the fourth tier
on the south end at about the time Young
M H..