Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-05-21
IRREGULARITIES
Of AN |GE DEAL
PRELIMINARY HEARING OF CON-
SPIRACY CHARGE AGAINST
FLEMING.
SOLD TO PREBLE;
PREBLE TO HENNESSY.
Jennings Transaction Said to Have
Been Without Consent of
Other Partners.

The preliminary hearing in the case
of the state against Timothy Fleming,
charged with conspiracy in connection
with the sale of 1,6o0 tons of ice belong
ing to the Consumers Ice company to
the Hennessy Mercantile a few
weeks ago., was commenced in Justice
Nichols court today, but was not COM
pleted because a motion was made by
the defendants counsel to dismiss the
action.
The prosecution is being represented
by Cornelius F. Kelly and the defend
n by w. ]. Naughten and ames E.
Healey.
developed a peculiar state of affairs in
relation to the business of the company,
showing among other things that E. II.
Preble, who acted as middle man in the
transfer of the ice, has come out on top
in a financial way and practically told
those for whom he did business to en-
grave their grievance on a cake of their
stock in trade and place the cake near
a warm stove for future reference. 1t
shows that the ice company was origi-
nally composed of Thomas e. Fitzgerald,
William L. Fisk, T. P. Fleming and
George E. Doll: that during the absence
of the latter from the city Messrs. Fitz-
y StAN AtAiu l. ism hoti tiS A1NiSS IL YIN
business to Mr.. Fleming. and the latter.
through Preble, began negotiations with
the HenneSsy company for the sale of
the ice. Fleming gave Preble a bill of
sale for the entire 1,60O tons of ice in the
warehouse on a basis of 80 cents per ton
and Preble sold the ice to the Hennessy
! company for 81 per ton. receiving in pay
ment a check for 81. 440, payable to Flem-
ing, $500 in cash., and a check for $500,
payable to himself. He owed the Hen
messy company a bill of about $500, and
this amount was deducted from the total
sum, which was $4,000. The 5000 in ash
was to be his commission. Preble re-
ceived a total of 81. $50 in his own name.
| but was to pay Louis Dupuis $3.50
which the ice owed him for
housing the ice. Preble, however, could
not see where he could win out by pay
ing Dupuis, and retained the entire
$1,760, paying the Hennessy $7oO
which he owed it, settling another bill Of
$500 and skipping for Cape Nome with
the balance.
William l.. Fisk, the complaining wit
ness in the case. testified that he had
been associated with Mr.. Fleming in the
ice business. Mr.. Fitzgerald had been
also identified with the business. but the
latter and himself had sold out to Flem-
ing. On or about April IS. he said,
Fleming had told him he had sold 1000
tons of ice to the D. J. Hennessy COM
pdIty. ie1SlN Ing Sl.ftu ~lOi IL. AS 10 the
value of the ice he could not form a cor
rect estimate, as the price fiuctuated. It
had cost $1.O5 per ton to house ice in the
two houses that had recently burned
and Nj. Fleming had sold it at the rate
of 80 cents per ton. AS to E. c. Preble
whose name had been associated with
that of Fleming in the deal, he knew very
little, as he had met him only once.
George E. Doll, one of the partners ir
the business, stated that Messrs. Fitz-
gerald and Fisk had an interest and had
sold it to Fleming. He himself had not
sold to Fleming. The latter had sold the
ice for 80 cents per ton during his
CDoll's) absence in the east. He had no
given his consent to the sale or did he
know anything about it until after his
return.
AT his point in the proceedings a til
in regard to the rights of one partner tt
dispose of the property of a firm Withou
the consent of the others took place, thu
attorneys maintaining that Fleming hat
a right to dc so, and the other side hn'd
ing a different view. The court decided
the difference in favor Of the state.
At the conclusion of the states sid
the defense moved for a dismissal of tn,
charge on the ground that the allegation
of conspiracy had not been shown. bu
after it was argued the justice took l
unde advisement. In his remarks MI
Kelly stated that the entire action o
Preble and Fleming was stamped witt
the badge of fraud.