Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-08-01
David Lawrence After One or
the Other.
AN ALLEGED BAD DEED
John O'R0urke Brings an Action
Looking to Its Cancellation
Says 1t is a Forgery.

The suit brought by the Hon. David
Lawrence against the Wootrick Mining
mpa O. D. Woodman and w. H..
Lindsay, to have title to 10000 shares OF
mining stock in the plaintiff company de-
cided, was tried today before Judge Lind
say, but as the defendant has until to-
morrow in which to submit briefs on
points Of law, 40 decision was made.
The case is rather interesting. c. M.
Parr appeared for defendant Lindsay
(Woodman was not presently, and M. D..
Leehey and Ed S. Booth for the plaintiff.
The property of the company is located
about ~three-uuarters of "a mile west of
the Drum Lummon mine, near Marys-
Vile, and consists Of three claims that
have had considerable development work
performed upon them.
Mr.. Lawrence testified that in June,
1897, he met Woodman and Lindsay IN
Broadway and they asked him to take an
interest in a mining proposition they had
on foot. He listened attentively to the
scheme. They told him a Mrs. Purcell Of
Walkerville and Mr.. Sayer and MI. Gill
christ Of Butte had a lot Of stock in the
ompan that they desired to buy up,
but did not have the money. 1t would
take $500. OF his amount $500 would be
secured with 40. 600 shares Of the stock,
and the remaining 5000 would be simply
included in the deal. There were 49,, 900
shares to be bought and they were to pc
equally divided among the three, but
Lawrence was to pay all of the money.
He sent a man to the property to make
an examination Of it, and a favorable re-
port was made by him. Lawrence then
gave the defendants two checks aggre-
eating about two-thirds Of the total
amount and accompanied them with a
joint note for the balance. Both the
checks and note We're made payable to
Gilchrist, but the latter bore the sigma
lures of all three. Lawrence. Woodman
and Lindsay. All We're equally RESPONSE
BILE, but when the note matured Law
renee had to pay it. The entire amount,
that is. the $500 for which the 10000
shares were hypothecated to secure, was
to be realized from the sale Of stock at
so much per share, but Lawrence did not
encounter any Of it and brought the suit
to nave the court declare the $1,000 shares
his property.
Sheriff Sherlock of Jefferson county
made return today on the writ of execu-
ton issued out of the district court here
to satisfy a judgment for $54.So. obtained
by William E. McAlliSter against the
Summit Mining and Milling company of
Jefferson county. 1t shows that the
property of the company was levied upon
q few days ago.
John B. Rezek petitioned the district
court today for letters of administration
on the estate of Joseph Grill, who was
killed by the fluid from an electric wire
last Saturday. In the document Rezek
alleges that the property consists of a
half interest in a saloon at 436 Watson
avenue, personal effects worth 5000, a GER
tificate of deposit for 500 on Clark Bros
bank, a trunk and contents valued at
$40 and a gold watch and chain worth
$40 more, the whole a~ggregating $4SO.
John O'Rourke began an action against
James w. Kemper today to have an al
legged deed to a portion of the Brilliant
lodes claim declared null and void. In
his complaint he makes some rather SEN
sational allegations. He says that on
April 1, 1892, he became the owner of the
interest in question:; that on April 20,
1897, the defendant caused to be rendered
an instrument purporting to be a deed
of the plaintiff transferring the interest
to the Northwestern Brick and Supply
company; that no consideration was
mentioned in the document; that said in
strument is void, false, forged and fraud
ulent, as he, the plaintiff, did not sign,
execute or deliver it to the defendant or
any person or persons; that it is a null
lily. and if left outstanding will be an
injury to him.
In the matter of the lease and bono on
the Burke and Balaklava lode claims,
belonging to the estate of James Twohy,
the executor, Cyr Paulwellyn, gave notice
today of his intention to appeal from the
order of the district court made June 10,
directing him to lease the property to c.
J. McSherry and D. j. Ryan.
-
Two suits for divorce We're filed in the
district court today and in one the plain
tiff accuses the defendant Of having been
habitually Incorporate for more than a
year. If the defendant We're the husband
this would not seem a bit strange. but it
is a case of husband against wife. The
parties to the action are Thomas Boland
and Sarah Boland. In his complaint the
plaintiff alleges that their marriage oc-
Cured in Scranton, Pa, on May Is, 1897,
and that for more than a year Sarah has
been incorporate.
In the second suit Nettie Cobb seeks a
decree of legal separation from w. A.
Cobb. on the ground of failure to provide
by reason of idleness and dissipation. Ac-
cording to the complaint, their marriage
took place in this city on July 81, 1898.
Dali n0AhC ANN MIMIC