Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-08-28
Now Being Examined in the
Big Mine Suit.
A MOTION OVERRULED
For the Present-SenSatiOnal Divorce
Suit Filed in Contribution
for Survey.

Ore Purchasing company and the Bos-
ton & Montana, which has been on be-
fore Judge Clancy, sitting as a court of
equity during the last two weeks, was re-
summed this morning, but there was a
short preliminary to the proceedings.
When the session opened L. o. Evans,
one of the attorneys for the defendant,
presented a petition asking the court
to make an order permitting the per-
Torrance of some development work,
but it was denied for the present, the
judge stating he would hear it next Sat
urday, to which date the record of Sat-
urday's proceedings showed it had been
continued.
you have been preparing this case for
six MONTHS said he. land there is no
reason why it should not now be in shape
to go right along without interruption
If l should grant this petition, the other
side would be in after something and
then you would come back after some
thing else, n there would be no END
to it.. 1 cannot allow you to resort to a
practice of this class. I will, however,
give you a chance to save your point by
taking it up next Saturday"
The taking of testimony in the SUIT
was then resumed with Austin H. Brown
on the stand. Mr.. Brown is the fifth wit
ness so far examined. He is a mining
expert and metallurgist and makes Butte
his home. Studied his profession, in the
University of Michigan, leaving there IN
1882 and going thence to Hecla, this state,
and entering the employ of the Hecla
company as assistant to the superintend-
emit of mines. He also did the company's
surveying and assaying. Remained there
three years and then entered the employ
of tha royorp m ont doing dntV near the
Mexican border as a special investigator
of the silver-lead ores of that district.
He worked for the government over a
year, then returned to Butte and took
a position as chemist with the Bluebird
afterwards served the COM
pany as mill superintendent, leaving its
employ at the time it closed it's works in
1892. After that Mr.. Brown entered the
employ of the Anaconda company at An
aconda, performing the duty of metallur-
gist and assayer with Messrs. Stollman
& Daugherty. He remained with that
corporation four years and Their went
to Colorado, where he was connected
with the smelling and refining plant at
Durango, and later took the general SUI
perintendency of the Tomboy property at
Telluride. There he remained until 1898,
when he came back to Montana and en-
tered the employ of the Montana Ore
Purchasing company.
Mr.. Brown said he was familiar with
the property in controversy, having given
it about four months of his attention
during the last year. He traced the sur
face lines of the Rarus, Johnstown and
Pennsylvania claims on the map and then
dipped ON the veins of the two former
from the surface to the lowest workings
Of the Rarus and delineated the various
drifts, up-raises, cross-cuts and shafts,
and connections of the underground
workings in the veins.
The time of the court today was pretty
much all taken up with his c~ross-exami-
nation, conducted by William Scallon.
c.. A. Fleischman filed a suit for divorce
against his wife. May, today n in his
complaint made some rather pointed ac-
cusations. He says that May and him.
self were united in marriage in Ontono-
gan, Mich. on February %, 1898; that on
August 2, 1893. in the Dodge block in Du-
luth, Mimi. so he has been informed and
believes, she committed adultery with
one James Boyer and is now living with
him in st. Paul; that there is now living
as the issue of the marriage of May and
himself a boy now 5 years old. Besides
a decree of divorce he asks for the GUS
tody of the boy.
An amended complaint in the suit of
George r. B.. Turner against the Henry
r. Worthington company vas filed in the
district court today. The suit is the re-
suit of alleged failure on the part of the
defendant to fulfill its contract regarding
the sale of a sinking pump to the plain
tiff. There are three causes of action
named. Judgment for a total Of 81, 439 is
demanded.
Edward Hickey. Michael Hickey. J. NJ.
Stewart, F. A. Heinze and Arthur p.
Heinze petitioned the court today for an
order granting them the privilege of
~erhenMAnlE cnnrr 1lre