Daily inter mountain., 1899-11-14
OBJECTED To BOB
And Judge Clancy Substituted
the Name of SchatZlein.
M'CLERNAN AND ZAGUR
Give an Interesting ExhibitiOn-The
Latter Evaded Answers
Heinze Replies.

NJ. Campbell, Samuel Mulvlle and Joe
" Long yesterday to appraise the value
of the ground owned by the Butte &
Boston company. which ground the Mon
tana Ore Purchasing company has been
given permission by the court to use for
dumping purposes. he gave the attor-
neyS until to-day to make objections
to his selection. This morning L. o.
Evans. one Of the lega! representatives
of the Butte & Boston presented TO the
judge a written objection to r. NJ.
Campbell on the ground that in the Unit
ed States court last year an action was
tried in which this same property was
involved and Mr.. Campbell was one OF
the jurors. That action was brought
by the Butte & Boston company to re-
cover damages for the dumping of Stag
and tailngs on the ground sought to be
condemned in this suit said he, the
question involved being as to whether
the Montana Ore Purchasing company
had unlawfully deposited Stag and tall
ings on the premises and if SO to what
extent had the property been damaged
by its action. The testimony showed
that ten acres Of the ground had been
covered with tailings, whereupon the
jury gave the plaintiff Judgment for 81
damages.
In his objection, which was supported
by affidavit. Mr.. Evans said that Mr..
Campbell as one Of the jury acquiesced
in the verdict. He asked that Mr..
Campbell be cited into court to answer
questions concerning his qualifications
to serve as an appraiser. but the court
did not think it necessary-he sustained
the objection.
I'VE do. not deny it." said Attorney
ba o,,1, ho iS
to whether this is the same suit
How will Charles J. Schatzlein do as
substitute?" asked the judge.
Neither side had any objection to Mr..
Schatzlein and the judge selected him
to take the place of Mr.. Campbell.
Attorney John McClernan had an in
teresting legal tussle with John Zagur in
Judge Clancy's court this morning. Ia
CUR is the man who few months ago
beat Mrs. Susan Christian so badly that
she sued him for damages and won the
case. getting Judgment for $1,000 against
him.
When an officer attempted to find some
thing owned by Zagur on which to levy
to satisfy the Judgment he met with poor
success, and Attorney McClernan, act
ing for Mrs. Christian, had the judge
invite the defendant into court to answer
such questions as might be propounded
to him concerning his property. The
o'clock to-day. Zasur was on hand. Mr..
McClernan pronounced to him a num-
ber Of questions and received evasive
answers. Then he said: II will ask you
the name of your roomers?"
you go down and find out was the
response.
Il am asking you. sir said the attor-
ney. warming up to the subject.
4 Zagur finally revealed the names Of
three or four and the attorney will have
tbat, i,, NJ 11ar 1Cl, tn n ifh
date the court continued the inVestga-
+ ton at the attorneys request,
! Among other things Zagur told McCler-
j nan he had given Frank Ambrose,
treasurer of the Slavonian society, 900.
! In the suit wherein the name of r. Aug.
Heinze as the administrator of the es-
tate of James I.arkin has been substitut-
ed for that of Larkin in the action
brought by Charles Nuss. the name of c.
p. brennan was entered today as attor-
ney for the defendant.
|, The suit brought by J. A. Rhodes
against John Devlin and others in con-
nection with the building of the new
horse race track south of the city was
dismissed as settled in Judge Lindsay's
court today.
Andrew O. Goodland and wife of Cen.
terviilc have decided 20 Isaac Davey ane
Wife of the same town lots ; of block l
Cameron addition, the consideration be
ing s3,100.
John c. Smith filed in the district cour
. today two affidavits in connection Will
the suit brought against him by his wife
Sophronia for divorce. alimony and I'll,
custody of their two children. In one o
the documents he denies that he earns
$1,200 year as miner or that $'o
month is a reasonable sum for alimony
He also says that Sl00 is not a reasonable
amount for her attorney. He states tha
up to the time she left him he gave he
all the money he earned, that he has no
} worked steadily since then and wha
money he has earned has been paid on
for the support of their TWO children; tha
! he owes considerable to divers persons
and if the court should make an order re
quiring him to pay any money in tn
court he does not know how he coult
comply with it.
In the other affidavit Smith says he di,
not AXE the children away from the jur
! isdiction of this court, as alleged b,
her, but they We're in his custody becaus
of abandonment and desertion by thei
mother and he had to pay nurse to TAX
care of them; that the plaintiff requisite,
him to take them away: that they ar
now in Utah with his mother and have
good home and he is paying for the
ke eping. He denies that his object il
sending them there was to defeat an.
decree Of this court in the event tina
she should get decree awarding her tn
custody of the children. He further say
the children We're being kept at Ben Nal
bcrn's in Helena and he, the defendant
was paying for their maintenance; tina
he took them away from there because
was the place where. as he is informe,
and believes, numerous acts of adulter,
were committed by plaintiff and -
Malbern, a son Of Ben,