Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-01-18
ARE
DISCHARGED
Not Proven that They Intended
to Kill Sutton.
TO BLOW OUT BULKHEAD
For This Purpose They Placed Clan,
Powder in Plymouth
Mine.
TO BLOW OUT BULKHEAD

father and son, charged with having at
tempted to take the life OF Wakeman
Sutton with a charge of giant powder In
the workings Of the Plymouth mine on
the 18th Of this month, took place in
Justice Nichols court today and resulted
in the discharge of the defendants, there
being no evidence to show that the pow
der had been placed with h intention OF
harming any one. No testimony for the
defense was submitted. After the state
had presented it's side, Attorney Kirk,
who represented the defense, moved for
a dismissal of the charge, and although
it was opposed by the prosecution the
motion was sustained. The testimony
showed that old man Alien n Mr.. SUIT
ton had previously had trouble and that
the former had threatened the latter,
but the powder episode could not be
linked with a. determination on the part
of Allen to rub Mr.. Sutton off the map.
It further showed that in placing the
powder in the timbers comprising the
bulkheads the Aliens acted in conform
ity with an order OF Judge Clancy au-
thorizing the Plymouth people to remove
the bulkheads.
r. j. Wall of 600 West Diamond street,
a miner by occupation, testified that on
the 18th he was working at the Silver
King mine, which adjoins the Plymouth.
On that date he had assisted in the re-
moval of two b~ulkheads from the winze
level. claimed by the Plymouth crew.
He had helped to establish these bulk
heads on the 9Th. About noon on the
18th he had found the Aliens knocking
one of the bulkheads out. A discussion
arose as to the propriety of the proceed
ing and it was agreed to stop the work
Of removal until Mr.. Sutton could be
consulted The latter ordered the re-
moval Of the Instructions later On and
witness, with other men, started to tear
out the bulkhead when n of the Aliens
told them to look out, as there was pow
der in the timbers. The workmen
looked OUT and went up into a raise to
get out of the way of flying debris, as
the Aliens had been Instructed by the
Wall party to spit the hole and fire it.
The shattered timber, showing the re-
suit of the explosion, was exhibited to
the court. Witness further said the AL
LEM had offered no reason for placing the
powder in the timber. The proper way
to remove that class of bulkheads, he
said, was to knock the boards from the
timbers with a hammer.
Is VII CIOSS-CA oIlllIldllOH w all stated IHdC
when he spoke to the Aliens about knock
ing out the ~bulkheads the latter said
they had an order from the court to re-
move them, and witness old them If
they did it at that time it would be done
over his (witness') dead body. One of
the Aliens had then said something about
removing the instructions with powder.
The blast in the timber of the bulkhead
had been set off at the suggestion of witt
ness.
"Can you state at what hour you had
the first conversation with Mr.. Allen
about the removal of the %bulkhead?"
asked Mr.. Kirk.
II think it was about 1880 O'Clock.
That was when we agreed to let it stand
until we la seen Mr.. Sutton. It was
about 4:30 when the blasting incident &C.
cured"
Lewis Merriman Of GAL West Quartz
street was also in the employ of Mr.. SUIT
ton at the Silver King mine ON the date
the offense is alleged to rave been COM
mltted. The bulkhead in which the pow
der was placed was in the west end Of the
VIM level. he said, at a point where the
Wine connects with the Sutton raise.
Merrdman told about the same story as
Wall. adding, however, that when old
man Allen was consulted with reference
to the removal of the b%ulkheads he got
angry and threatened to blast it out. II
asked him to let it stand few hours and
If Mr.. Sutton said remove it ] would take
1t out" said Merriman n, ar he agreed to
do it. Allen could have knocked the
boards from the bulkheading stulls while
he was boring a hole" Merriman further
said he had never a any trouble with
the Aliens. hut the Aliens and MI. Sutton
had some difficulty. A the time we
were going to sink a shaft north of there
the Aliens threatened to bore a hole
through the earth and blow up the shaft.
On Characterization the witness said
he thought he had seen Mr.. Allen at the
Plymouth shaft about noon on the 18th.
Wall was there. too. and he and Allen
were angry.
Were you angry. too?' asked Mr.. Kirk.
mo; I don't lose my temper over trivial
matters" said Merriman, with a full
grown smile OF his face.
They had been working on the loaded
bulkhead about five minutes before Allen
told them of the powder. said the witness,
Wakeman Sutton Of 612 West Quartz
street. who has charge Of the development
Of the Silver King property. stated that q
few days after he took charge of the prop
erty Mr.. Allen ascked him for a suitcase
on the 100-fOot level of the Silver King
agreeing to extend the level a certain dis
lance for half the ore taken out in the
prosecution of the work. The lease was
granted. Allen wanted to take out ore
that laid under the 100 and started to do
it. "Then I told them" said he, ITO ex-
tend the drift as agreed or quit and they
quit. Afterwards old man Allen raised
a fuss about the loss of a hammer he had
used in the work and I paid him s2 at
which figure he valued 1t. He then said
something about killing me and I ordered
the whole lot from the premises"
Many objections to the introduction of
matters that led up to the real issue were