The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-08
INCREASE OF THE BOND
Asked For in the Silver King
Mining Case.
APEX OF ANOTHER VEIN
Defendants Allege They Will Be Dam
aged to the Extent OF $4,000.
Two Wills OF the Late
Thomas Stees in Court.

Wakeman Sutton and James A. Tai
bolt, two of the defendants in the Sill
yer King mining case, petitioned the
court yesterday to require the pla1ntlf1s,
James H. Maloney, c. P. brennan ana
others, 20 increase their injunction
bond from $1,000 to $4,000 in order to
more fully secure the defendants
against the damage they claim they
will suffer by reason of the injunction
by which they are restrained from min
ing on a certain portion of the Silver
King vein, which, on its dip, enters
the Plymouth lode claim owned by
the plaintiffs. In support of the mo-
ton for a larger bond Sutton made
an affidavit in which he set forth that
the two defendants had lease on the
Silver King which will expire on the
first of next February. They have no
other interest in the mining property.
When the plaintiffs brought the in
junction suit they claimed that the
vein on which the defendants were
working had it's apex in the Plymouth
ground and they secured an injunction
against the defendants. For the pur-
pose of demonstrating the correctness
of their theory the plaintiffs dug
series of holes along the alleged apex
from the defendants shaft across the
side line of the Plymouth, and at the
end of the line of holes they sank
shaft which now has a depth Of 60
| feet on an incline. Sutton says thai
| instead Of entering the Silver King
! workings, as the plaintiffs claimed the
shaft would do if sunk on the ore
body, it inclined away from the de-
| PENDANTS workings and followed an en-
tirely different vein, dipping to the
south. He claims that it has been
demonstrated to a certainty that the
plaintiffs have the apex, If they have
one at all of an entirely different vein
from that on which the defendants
were working when they were enjoin-
| ed, and the apex of which is wholly,
and for the entire length of the lead
involved in the suit, within the ex-
terror boundaries of the Silver KING
lode claim. 1t is alleged that the de-
| PENDANTS have expended large sum
of money in doing development work
and at the time they were enjolned
they had exposed a large body of high
| grade silver ore, to the value or at
least $75,O0O three-fourths of which
will belong to the two defendants II
they are permitted to take it out I'M
der the lease. They claim that they
could have taken it out If they mad
not been restrained, but as they have
been enjoined and as the trial of the
| suit on it's merits cannot be had pc
fore the expiration of the lease. ana
if the restraining order Is continued
in force unit! that time the defendants
will be damaged in a sum not less
than 1000 For these reasons the
court is asked to increase the plain
tiff's injunction bond to $4,000.
One of the wills of the late Thomas
Stees was offered for probate yester-
day and Judge Lindsay was engaged
| in hearing evidence on it when c. r.
Connolly appeared and stated to the
| court that later will was on file In
court which the attorney for the other
| WILL M. O'Donnell, would not deny.
Mr.. O'Donnell admitted there was
later will, but said Stees was crazy
when he made it. Judge Lindsay, how
ever, said he would not hear that mat
ter at this time. and continued the
whole matter until next Saturday.
William J. Richards applied for let
ters of administration on the estate OF
Joseph X. Richards, deceased. but as
his petition did not state the value OF
the estate the court would not hear 1t
Jacob Osenbrug, administrator of the
estate of Paul T. w. Kroger, filed his
final account in court yesterday. II
shows that he has on hand for distrib.
ution $3,7S050 in cash and a piece OIL
property on the west side. The heirs
are the widow and child of the de-
ceased.
Judge Lindsay yesterday appointed
I. G. Moore administrator of the es
tate of Louis Ramelli deceased, anc
his bond was fixed at $4,000
Next Saturday Judge Lindsay will
hold a session of court in the United
States court room for the purpose
of hearing a number of matters thai
have accumulated on his calendar.
Judge Lindsay yesterday heard the
plaintiffs proofs in the divorce case
of Lillian Miller against Philip L. Mil
Ter and granted her decree. The
evidence showed that the parties were
married in Butte on April 81, 1897, ant
that for more than two years the de-
PENDANT has contributed nothing to the
support OF the plaintiff, and that sht
has been compelled to live upon the
charity of friends and relatives. Mrs
Miller said her husband did very wei
for week or so after their marriage
but then he began to drink and gam
BILE and neglected her. She said tina
during the past year he had been NJ
good at all.
In the suit OF the Montana Ore Pur
chasing company and the Johnstowl
Mining company against the Old Col
| OHS IltSl SoliPoAS dAu the q
Boston Mining company, an action t.
condemn ground upon which to dunn
the tailings of the Montana Ore Pur
chasing company smelter, the order t.
show cause why commissioners SHOULD
not be appointed to appraise tn,
ground sought to be condemned ha
been issued by Judge Clancy and Sc
for hearing at o'clock Monday even
ing.
A default judgment for $46461 wa
yesterday entered for the plaintiff il
the case of P. j. Brophy against Da
vid McCurdy.