Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-04

The Pennsylvania mining case con-
tinues to drag YEARLY along. The inves-
tigation has assumed a perfunctory char
acter and very little interest is felt except
by the immediate parties. Most of the
time today was consumed in reading
from legal authorities. Mr.. Hughes. Of
counsel for the plaintiff, read copiously
from Hunt. Geike. Phillips and Kent.
but not without frequent interruptions
from the witness, whenever the latter
| disagreed with the text.
! The witness was Sidney W. Tyler. He
is the sixth witness for the defendant.
His cross-examination by Mr.. Hughes
began Tuesday and will probably con-
tinue until this evening.
The investigation today turned upon
the question OF re-enrichment. Mr..
Hughes read a passage from Geike, a
learned German author, which the wit
ness dissented from on the ground that
1t was purely speculative and had not
been demonstrated by any sort Of test.
Mr.. Hughes agreed that the point was
speculative and repeated his question.
DO you agree with the statement?'
There is nothing in what you nave
read in contradiction to what 1 have
stated" the witness replied.
j, DO YOU agree?" demanded the lawyer.
Yes
Mr.. Hughes continued reading, but was
again interrupted by the witness query:
country?"
II am going through it,"
Cite your authorities concerning the
region around Butte?"
a long list of authorities was cited from
Gelke's work by counsel. followed by an
other question from the witness:
docs not the author cite Douglas?'
No; this work was written five years
before the appearance of this book
Some discussion followed concerning
l tina danth rs fhN o~o4 =
beng finally agreed that it was 600 feet
below the surface. The question of per-
cOlating water was touched upon. Mr..
Hughes reading from Geike, whose text
indicates that where underground water
does not circulate, solutions of matter
often assimilate Herewith and metamor-
phose the liquid.
Witness agreed with the author.
several pages were then read by cOun-
sci, and witness was asked if his expert
ence conceded.
The statement is too long for me 10 be
able to tell what point you wish to draw
from it,
DC you agree with the statement.
therein, which indicate re-enrichment?'
The witness did not answer, being in
teffupted by the court ordering recess.
The restraining order in the suit Of
Frank H. Walker VS.. William Guedel-
hofer. enjoining the defendant from SELL
ing, ~dlsposing of or assigning or trans
ferrlng any interest in the Copper King
lode claim, in the Mayflower district,
Madison county, was filed today.
F. r. Merk, the defendant in a suit
in which Charles w. Goodale is plaintiff.
has filed a demand for a change of the
place of trial of the suit from Silver Bow
to Madison county. The answer Of Mr..
Merk was also filed. He admits he has
not paid the defendant the sum Of So, 760.
but denies each and every other allesa-
ton.
A bond for the return of property. now
in the hands of the sheriff by virtue OF
an attachment, has been filed by c. c
Redding, defendant in the case of the
Butte Ice company VS.. c. F. Lloyd.
May Fleischman, wife of Charles Fl
Fleischman, who is suing for a divorce
on the ground of desertion and adult cry
has filed a demurrer to the complaint
and an affidavit and order to sue in til,
form Of a pauper.
The defendants, McRae and Solveson
in the case of Libbie Newberry VS.. X. J
McRae ct al, have filed separate answer.
to the complaint of the plaintiff.
An order to show cause why the pay
ment of $40 should not be made. accord
ing to the plaintiffs complaint, has been
filed in the case of Bessie E. Scott vs.
Walter E. Scott.
The complaint of the plaintiffs in tn
case of James Harvey ct al VS.. Charlie
Schatzlein ct al has been demurred i
by the defendants.
A petition for letters of adininistratio
in the matter of the estate of Minnie A
Bailan, deceased, has been filed.