Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-03
VIEWS ONCE HELD
By Mr.. Tyler Concerning the
Movement That
CAUSED THE FAULTINC
Changed Somewhat-Vict0r Erfurt,
Who Drew a BoOtjack on His
Wife, Released.

The cross-examination of Sidney w.
Tyler is now in progress in the Pennsyl-
vania mine vein suit. 1t is being con-
Quoted by Attorney Hughes of Colorado.
Both gentlemen being citizens Of the
same state. it is a case of Greek meet
Greek on neutral ground.
Before continuing the onward march
this morning MIR. Hughes read a portion
OF the testimony given by Mr.. Tyler in
the trial of the Michael Dewitt case. and
then asked the witness if he had said that
which the record showed. The witness
said he had.
1t had direct bearing on the present
case. being a former assertion in regard
to the geological theory Of faulting and
its relation to lateral movement. In his
Michael Dewitt testimony Mr.. Tyler
maintained that the country west OF the
faults had been by lateral pressure
forced up and over the east portion. while
on direct examination in this case ne
left the matter undetermined. Beng
questioned closely by Mr.. Hughes on GER
tain other points. the witness said he
did not have to know. he did not have to
remember whether he had said certain
things or whether he had not.
The next chapter in the proceedings
dealt principally with pOrphyry dykes
and their relation to each other and the
veins of the disputed ground. Mr.. Tyler
expressed the belief that the dyke west
of the faults and the one at the east on
the 600 level of the Rarus We're one and
the anne
The object of this testimony was to es-
ablish the distance W the two sec
lions of dyke.
Tho :, W. ,,nuf tIot o, ,,col fl,a a,,1fi,,~
was then taken up again. The witness
was asked if his explanation. before a
jury in the Michael Dewitt case. of h.w
the faults had occurred We're based upon
scientific investigation or simply per-
sonal belief. and he answer was spec
ulation.' coupled with "mechanical prob
ability"
He was then asked il he had said any
thing about ''mechanical probability" at
that time, and the answer was that he
had not.
HI further said his statement to the
effect that the west country had been
forced up over the eastern was based
upon scientific speculat ton. but since
then it was a question whether the move
ment had been upward or downward.
Statements made by the witness at the
Michael Dewitt trial concerning the faults
and changes since then were classed by
Mr.. Tyler as 'speculative' for that period
and facts at the present time.
The petition in behalf of Victor Erfurt,
the wife beater, for a writ of ha beas cor
pus was heard by Judge Clancy at s
o'clock last night and resulted in the dis
charge of Erfurt from custody. u. r..
Cason represented the prisoner.
Something over a month ago Erfurt
smashed his wife with a bootjack or
some other handy article of household
furniture, and she had him arrested. In
JlCti~N Nichols cOurt he pleodel o,;ltx.
and the justice sentenced him to six
months in the county Jail and fined him
$500. The terms of the sentence We're Sc:
forth IN the commitment. A few days
ago Erfurt's attorney concluded that the
commitment was faulty and petitioned
the court for a writ of habeas corpus.
When the matter was called last night
Cason pointed out the alleged fault, to-
gether with its apex, walls. spurs and
dip, and the judge discharged the pris-
Oner.
During Erfurt's incarceration his wife
brought suit against him for divorce on
the ground of cruelty.
i In Justice Bliss court yesterday after
noon Charles Hickman was tried and ac-
qultted or a charge of assault in the third
degree on Joseph Kunz. AbOu a week
ago the defendant and complaining wit
ness had roubl over the possession OF
a stove and it ended in a mix-up.
Attorney w. r. Keithley has returned
10 Butte after an absence of three years
IN iowa. Having spent many moons in a
real live town. the old attorney could not
content himself among the haystacks of
the HaWkeye state and concluded to re-
turn to Montana.
A motion for Judgment on the plead
lngs in the suit of Timothy Murray
against kleinschmidt Bros. was made
and granted by Judge Clancy this morn
ing. The action was brought to recover
Judgment on a promissory note for $50. 900
ana foreclose a mortgage given on some
property IN this city to secure the note.
The total amount with interest agere-
gates $39,o41. To this was added judp-
ment for an attorneys fee of 81, 800,
which the court also allowed.
$40 sets Of teeth SO. DR.. Wix,