The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-04-04

them. The sheriff's return shows that
he secured service of the contempt or
der only on Judge De Witt, L. o. Evans
and John +. Forbs.
THE clerk will issue the warrant of
attachment ordered Judge Clancy,
with eagerness
will your honor hear us, or have We
no rights here at all, or have we moth
ing to say?' asked Judge Dixon.
Il guess you have had a great deal
to say" replied the court.
We object to an order of this kind
being issued, and we object to the in
terr.,ption of the hearing of the mo-
ton to discharge the receiver said
Judge Dixon. I'VE object to any or
der of the kind being made on the mere
statement of counsel. though it is not
the first time that counsel got up in
court and made statements which were
accepted as facts by the court
Judge Dixon said the fact that a
sheriff could not find a person was no
evidence that such person was evading
the process of the court, and a war
rant should not be issued for HIS ar
rest on such a showing. 1t occurred to
Judge Dixon that the receiver was the
party to make the application, any
way, and not the attorney for the plain
tiffs.
Mr.. Mediation said the application
was maze IN DShdlf OF the Dldlnll1IS,
and not the receiver.
Have you anything further to say?'
asked the court, addressing the attor-
neys for the defendants.
I'VE want to say said Mr.. Scallon.
that we are here by right of a writ Of
mandate from the supreme court COM
handing this court to hear these mo-
tons on or before to-day, and we in
sist that the hearing be proceeded with
without Interruption
1T is the duty of the chancellor to
sit here with argus eyes," said Judge
Clancy. shaking his head at the attor-
neys to emphasize his determination to
issue the warrant of arrest. ut is all
in line with this case and I'll issue the
writ"
The clerk issued the warrant and
hearing on the motion to discharge the
receiver was resumed.
A man named Fitzgerald. bookkeep-
er who was brought down from Brit
ish Columbia, was put on the stand to
give it as his opinion that the ac-
counts prepared by the Boston & Mon
tana company's bookkeepers and ac-
cot,ntants We're not proper, and were
insufficient for the court to pass an
opinion upon them as to whether an
accounting had been made from the
New York to the Montana company.
Mr. Scallon objected to the witness an
swering questions as to what the court
would be able to do He did not think
the witness could testify in that regard
unless he was a mind reader. 'tke
court however, overruled the objection
and Fitzgerald took the figures and
statements of the Boston & Montana
accountants and told the court where
in they were incomplete, Incorrect or
misleading. The witness was taken
into the question Of accounting between
the two companies and was asked to
say that the books of which he knew
nothing were not correct. Mr., Scallon
objected to the testimony, but The cour
said it was proper and the objection
was overruled
Fitzgerald figured it out that during
the time the New York company had
possession of the properties, $14,S06,-
1885, worth of ore was shipped, of
which. according to Treasurer Ladd s
statement, s9.762, 51076 was sold which
| should leave on hand product worth So
! 037 .SS7SS. The witness also figured it
that at the average market price OF
copper. silver and gold during that Pc
| Rod. Ladd should have received SILL
152, $500 instead of 50 76S, 510.76, or ST.
1854 1S4.44 more than he reported. On
cross examination by Mr.. Scallon, the
| witness said the sum of $14, $685. 39S ga