Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-03
Sensational AffidavitS Against
The HeinZeS.
WASTE TOPPED WITH ORE
1t Is Alleged The Rich Rock Was For
The NJ. 0. F.; The Bad For The
Receiver.

The attention of Judge Knowles today
was occup;ed in the hearing of one of the
many legal controversies between the
& Boston and Montana Ore Pur-
chasing companies, involving the opera
ton Of the Snohomish and TramWay
mines.
The Butte & Boston company owns a
two-thirds interest in the ana
a one-hal interest in the Snohomlsn.
last July the properties have been
through Receiver Harris all OF
the ores mined being hoisted through the
Rarus shaft of the Montana Ore Purehas-
ing the Heinzes, being the CO.
tenants
The co-tenants were unable to agree
upon the expense of conducting opera
tons. and Judge Knowles only recently
concluded a lengthy hearing OF ob1ectlons
to the bill of costs for the months OF NO
vember and December. A few days 9
c. S. Batterman, representing the Butte
& Boston. filed a rather sensational affi-
davit upon which was based a motion for
an order Of court directing Receiver Har-
ris to take full charge Of operations at
the mines. The order to show cause was
set for hearing his morning. Forbss 4
Evans appearing for the Butte 4 Boston
and Judges Mediation for the Helnzes.
Attorney Evans opened the argument
by reading the affidavit of c. S. Batter
man, upon which the was based.
The affidavit recited hat the Heinzes had
been secretly extracting ore from the
mines named. and fraudulently
ing to their own use the proceeds there
Of. Among other charges set forth was
one to the effect that the workmen in the
employ Of Helnze had been filling cars
with waste, topping them off with first
class ore and then palmlng them OF on
the receiver as cars Of first-class ore.
To protect the interests of the receiver
It was alleged that the latter had been
forced to employ a large force of watch
men at an expense of about $1,000 per
month, and unless the authority of the
receiver was extended over the whole Of
the two mines it was commended that nu-
merous lawsuits would result. The cour
was also asked to make an order allow
ing the ores from the Tramway and Sno-
homish to be hoisted through the Noun
tain View and Berkely claims.
Mr.. Evans offered in evidence all the
pleadings in former suits and numerous
deeds and other documents, including af-
fidavits Of several witnesses who had tes-
titled in former suits. Among the new at
fidavits filed were four from employees OF
the snohomish. One was from Andrew
Neuberg, who who had formerly worked
for the NJ. O. P. Co. on the SO0-foot level
Of the T~ranIway.
=. Neuberg's affidavit was to the effect that
at the direction of Jack Richie, one of
the NJ. o. P. Co.'S shift bosses. he had
frequently loaded cars Of ore from the
Snohomish and then topped them with
waste from the Minnie Healey. The bot
tom of the car thus contained copper
glance, while the tops showed nothing but
waste. While this work was being done
the lights in the mine were ~extingufshed.
In order to enable the top carman to dis
V that the cars were not filled with
waste, they were marked with two small
sticks stuck in the waste. The ore was
then dumped INTO the M. o. P. ore chutes.
He had been instructed by the shift boss
to take away as little of possible of the
Minnie Healey waste. He had talked
with the shift boss about the possibility
OF getting caught at work. and had been
requested by him to be careful.
Another affidavit was from August
Harkins, a miner, who sad he trammed
ore at the S00-foot level of the Snohom-
ish. He substantiated Neuberg's affidavit,
and in addition said that he had loaded
cars in the drift under instructions, had
then pushed them back some distance and
assisted later in covering them with
waste. He was told that one of the top
carmen called "Old Archie knew where
the alleged waste would go when it waa
marked with two sticks.
The AFFIDAVIT of John Wells recfted Thai
he had been employed on the $50 Level
Of the snohonish as shoveler. Durina
the time he was SO employed a man
manned Kelly had instructed him to move
some cars of ore loaded at the Snoho.
mish over to the Rarus drift and Their
move them out again to make 1t appeas
that the ore came from the Rarus and
not the SnohomisA.
T. B. Weller who was employed as an
inspector at the soo-foot level of the
snohomish and who claimed tina he hai
a ~ years experience In mining. Dur.
ing the time he was overseeing opera.
lions at the ~Snohomish, Heinze's met
We're extracting both first and second
class ore from the 8OO-foot level. II
many cases they had filled the cars In.
tended fof-the receiver about two-thirdl
fula OF second class ore and then fillet
It with first Cha SIS. At one line Whe1
he desired. to ascertain how the car,
were being loaded, he was ordered gu
of the DRIFT by the narman On severa
oecasdors he noticed that the cars To-
the receiver were about 200 pounds light
err than the cars intended for EeInze..
Frank D. T~annhauser was the frs
: witness called. He stated that he ha'
been employed as Inspector by the re
ceiver at the 700-foot level of the Rarus
He had observed. he said. that cars wer
being loaded nearly full of waste an,
were intended for the receiver. On on
occasion he had noticed the carman top
ping out q, car OF al with ore. Whel
, the attention of the carnnan was Gale
to the matter the latter was very muc'
taken back and when he ordered tn
cars switched so THAT Heinze would re
> the car intended for the receiver, the
always made a kick.
On cross examination he said that Il
name OF the carmAln was Richard Bow