Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-05-07
BOOKS
NOT PRODUCED
JUDGE KNOWLES HOLDS THAT
THEY ARE NOT MATERIAL
TO CASE.
ALL BUYING WAS DONE
AT THE UPTOWN STORE.
Customers and Agents Of Creditors
Testify to Various Transactions
With Nixon.

The hearing of the Nixon bankruptcy
case was resumed before Judge Knowles
this morning and in all probability will
not be concluded before the end of the
week.
Saturday the attorneys for the petit
tioning creditors made a demand for the
books of account of Fannie J. and James
F. Lott, who conducted the Centerville
store. This morning the court said he did
not believe that the books could be pro-
duced unless it was shown hat matters
contained therein were material to the
case at issue.
Harry Friedman, the representative
of A. Schilling, San Francisco was re-
called this morning to give some addi-
tional testimony. He had made a tour of
investigation of the various stores of the
Silver City Mercantile Co. He had found
a portion Of the goods he had sold to the
East Park street store at the South
Butte store of L. w. Nixon. Mr.. Fritch-
man said that the Nixons ordered in
small quantities at first, but sent in a big
order last August. This bill would be due
on December 80, the date the store was
turned over to Cook. On ~cross-examina-
~ iS CoIN NioS Ai' 80 49,
amounted to from 500. 900 to $25,o 0 per
year.
C. T. Perry, a manufacturer, of Soap
who resides in Helena was the next wit
ness. He said he sold soap to S. M. Nix
on, but had never seen Sam Nixon, Sr.
The last order received from the Silver
City Mercantile Co., was for 100 boxes.
From a conversation he had with L. w.
Nixon ne inferred that all the buying
was lone at the uptown store.
After the failure of the NiXon's Mr..
Perry said he started out to N4oleVin his
goods and discovered that one-half of
the soap was in the Centerville store and
one-half in the South Butte store. While
endeavoring to get into the latter store
about January 8 or 4. he noticed a great
deal of goods being hauled away from
the store to the store of A. r. Bray. L.
w. Nixon was checking out the stuff at
South Butte and l., NJ. Nixon was receiv-
ing it at Bray's store. Witness said he
learned from Dun and Bradstreets' that
the business was conducted by S. M.
Nixon in his fathers name.
Chas. f.. Beebe, agent of the Royal
Milling Co, of Great Falls, testified to the
various business transactions he had
With the Silver City MUercantile Co. He
had called on S M Nixon several times to
sell flour and had sold him three car
loads in November, 1899. The flour ar
rived and was delivered. A portion of one
car went to the East Park street store
and another portion went to the Center
vile store. S. M. Nixon had asked that
the latter portion be delivered in Cen
t~erville.
w. 3. Myers, a baker with a strong
German accent, detailed a few transac-
tons he had with the NiXons. He pur-
chased his flour ETC., at the East Park
store of the Silver City Mercantile COM
pany and had been at the store severa'
times a day, but had never seen old mar
Nixon. He owed the firm about $40 or $5(
when the store passed INTO the hands Vi
MI. Cook. On December so, he said, Col
lector Corbett called or him and tol6
him that he could settle the bill by put
ting up $25 at that time. He also tOlC
him that he-could purchase the flour al
$1.5O per hundred if he paid cash. III
determined to take advantage of this OF.
fer and went back to the store that night
and found Cook in possession. The clerl
also said that it was all off. He a beer
paying S1.so per hundred for his flour a
the Silver City Mercantile company, hu
at other places he had paid 1920 for The
same brand.
Witness also said he had loaned San
Nixon $40 at one time and SIS at another
after the store had been closed. Anon,
other things the witness said he had FIRE
quently seen S. NJ. Nixon going from I'll,
store to his residence with his arms full
of chinaware, silverware, etc. On cross
examination Judge Mcconnell sought tt
show that bakers received a special dis
count in purchasing iour and also tina
Myers was prejudi1ed against L. w
Nixon because the latter had brough
suit against him.
John l.. Smith, a miner, testified tina
when the East Park street store of tn,
Silver City Mercantile wa!
closed last December he owed a bill o
$10O.5 On December 80 l.. w. Nixon
and e. e. Corbett came to his hous,
II told him that the store had been so!t
to Cook on the night previous and asket
up the books. He told Nixon he could no
pay and the latter said he would len,
him the money, and counted him GU
$l00.5O, which Smith passed over to Cor
bett and obtained a receipt. Lated h
was served with a garnishee from tn
Royal Milling company. Later S. NJ. an,
l.. w. Nixon went to the office of Penn
berton & Maury and signed a bond to til
effect that he would not be held liabl
for the debt of the Silver City M~ercantil
company. This bond was offered in evi
dence.
M. p. Gilchrist, an attorney, ~testifie-
that he represented the Bradstreet agen
cy last August and called on the Nix
ons. s. M. said his father owned tn
business. He had a conversation wit
Mr.. Nixon. ST., and the latter told hir
.hat he did not know anything about tn
business, and merely signed the checks
Asked why they were buying such larg
quantities of goods, Mr.. Nixon said tina
tney mad another store in South Butte.
CONTRACTORS AND BUILDERS.
The Butte Coal Cos prices on cemen