Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-08-24
Surveyor acDonald Says He
Was Approached.
D0UGHERTY CAPTURED
And Patrick Daily Is Consequently
Feeling a Little Better-Attor-
neys Withdraw.

In the suit of the Butte Water COM
pany against Ben Baker, to decide title
to the Keynote or Ken mining claim,
located in the Highland district, a warm
affidavit was filed in court today. The
action was tried before a jury in Judge
Lindsay's court a few weeks ago and
resulted in Baker being given a verdict.
The defendant applied for a new trial,
and it is in support of the motion with
this object in view that the affidavit was
submitted. 1t was made by Malcolm L.
Macdonald and is as follows:
Malcolm L. Macdonald, being duly
sworn, Y That he is one of the sur
veyors that testified at the trial and is
acquainted with -- Robinson, one of
the witnesses; that prior to the trial to-
wit: On July s of this year, while affiant
was engaged in surveying the property
in controversy, the said Robinson ap-
preached affiant and asked him what the
defendant would pay him to handle the
case, and expressed the desire to collect
evidence n data for said defendant, to
which affiant replied that he did not
Know"
Macdonald further says that the facts
recited in his affidavit were never COM
municated to the plaintiff or any of it's
officers, agents or attorneys until after
the trial of the case; that he did not tell
it for the reason that they did not occur
to him, and he did not think of the SAM
until after the trial. He also says if a
new trial is granted he will testify to
the facts as set forth in the affidavit.
Under Sheriff Murphy arrested Billy
Dougherty in Dan Drew's saloon IN Main
street last night and locked him up in
the county Jail. AS stated yesterday,
Dougherty is accused of having threat
ened to kill Patrick Daily because the
latter gave testimony against him in
the Occur dAlene country at the time
he was tried for the murder Of his part
ner in the saloon business. Dougherty
has just been released from the Idaho
p~enitentiary. Shortly before going to the
Occur d'Alene he became involved in a
difficulty with a Galena street saloon
keeper in this city and it ended in the
murder of the saloon. man and a man
named Harrington, who happened to be
within reach of his knife. For this Of
Tense he was acquitted. The present ac-
cusation against him will be heard in
Justice ~Harrington's court at 4 o'clock
tomorrow afternoon.
Josephine Atcheson, formerly a resi-
den of Columbus, Ohio, began an action
for divorce today against Windsor Atch-
eson. In her complaint she alleges that
the marriage of Windsor and herself took
place IN columbus on the 1lth OF Septem-
Der, 1884, and there are now two chill
dren, aged IL and IA years respectively;
that in January of 1891, the defendant
left her and never returned. He is now,
she believes, living in Columbus. Besides
a decrea Of divorce she also requests that
the custody of the children be awarded
to her.
In the suit of job Yoakam against
the Summit Mining and Milling company,
Judge Clancy signed an order today au-
thorizing the sheriff of Jefferson county
to discharge the custodian of the property
attached at the instigation of the plain
tiff. The sheriff is also directed to store
the inanimate goods and pasture the live
stock.
In one of the suits of the Montana Ore
Purchasing company against the Boston