Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-16
The CeA:tempt Matter Heard
Before Judge Clancy
CASE WAS THROWN OUT
Of Court By the Judge Without Much
Ceremonv--The Lund
Estate.

Judge Lindsay had rather an important
matter before him today, it being the
hearing of the contempt proceedings
brought by Miles Finlen against the
Montana Ore Purchasing ompany and
it's general manager. F. Augustus Heinze,
in connection with an alleged violation
of the order issued by the court a few
weeks ago restraining the purchasing
company and Mr.. HeinZe from working
the Minnie Healey mine pending the de-
termination of the suit instituted by Fin
len to recover possession of the Minnie
Healey, which Mr.. Heinze had been work.
ing for some time prior to the
ment of the action and in which it is
claimed he had expended about $50, 900 in
discovering a body of ore.
The contempt proceedings were based
on an affidavit made by Finlen. the con-
tents of which were to the effect that the
Montana Ore Purchasing was
taking ore from the Healey through the
northeast drift of the 500 foot Rarus
cross-cut, which trends through a portion
of the Tramway into the Healey. 1t
seems there was a tag that marked the
dead line between the Healey and the
Tramway and the alleged 'contemptors''
were accused of having worked on the
dangerous side Of il.
Lee Hayes, who gave testimony for
the defendant in the suit OF the Montana
ore Purchasing company against the
Boston d Montana in the PENNSYLVANIA
suit, stated that he had made a survey
of the workings Of the Tramway and the
Minnie Healey.
F. ". Blackford. formerly CITY enei-
nieer, SAID he was familiar with the work
lngs OF the TramWay and as assistant to
the receiver for certain interests in the
property had visited them frequently.
On one occasion he foreman at the
Tramway had pointed to a post and
said
But before the witness could finish the
sentence an objection was raised and
sustained.
Il saw a tag marked 1868 near what
is purnorted to be the side line between
the Minnie Healey and the Tramway and
a post that was pointed out to me"
. nHo'd on" interiected the defense.
That is not proper"
Dld you make a survey Of the work.
1ngs? asked the Judge.
NO, sir; | made no survey"
Then your knowledge is based SOLELY
on what you saw?'
Yes, sir"
III you ever see anyone working
northwest of that tag?' asked the attor-
ney for the plaintiff.
1T seems to me that the word .aver,
makes that question indefinite" said the
JUDGE. Let the witness state when.'
"HaV YOU seen anyone working there
since August 1872"
Yes; somewhere between September
Is and October 5. They We're taking out
waste and ore and loading it in cars
headed in the direction of the Rarus
shaft $500
W: L. sanfield, the inspector repre-
sentlng the receivers interests in tho
IramWay. said he had seen men WORKING
IN the drift and had heard a carman cali
out Minnie Healey!!' when passing his
station with a carload Of ore bound for
the station. ~
Roland Hall, also an inspector. said he
mad seen men working in the face Of the
drlft, but the ground looked dangerous.
AT THIS stage in the proceedings a uuas.
1lon arose as to a portion of the AFT 1ay;t
aho the plaintiff asked for time in which
TO prepare and file a new one. bnt tha
Judge would not sanction it. He told Tia
attorneys for the plaintiff in plain words
mat he would not allow anything of the
KIND. and unless they had stronger nroof
than that which had been submitted he
would dismiss the matter without FUR
Their m
The judge thereupon threw the whole
thlns out of court without putting the
defendants 20 the necessity of submit
ting testimony.
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