Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-05-16
RECEIVER FOR
N|PPER MINE
THOMAS MCLAUGHLIN APPOINT
ED BY JUDGE CLANCY LAST
EVENING.
MADE AT THE REQUEST
OF ARTHUR P. HEINZE.
Marcus Daily and His Companies
Charged With Conspiring to
Drive Heinze Out of State.

At 500 o'clock last evening Judge
Clancy appointed Thos. Mclaughlin re-
ceiver for the Nipper mine, owned joint
ly by the Heinzes and the Anaconda
Company, the former holding a thirty
one thirty-siXths interest and the latter
a five thirty-sixths. The receivers bond
was fixed at $4,000. TIL appointment
was made at the request of Arthur +.
Heinze, who has been working the prop
erty under lease and is one of the plain
tiffs in the suit of Edward Hickey and
others against the Parrot Mining COM
pany. The request for a receiver grew
out of this suit. In the petition present.
ed to the court by Mr.. HeinZe charges
of conspiracy We're made against Mar
Gus DAILY and the companies and indi-
vidual members with which he is iden-
titled. He charged them with having
concocted a scheme to drive him out Of
the state by running his business. To
make the case strong he alleged that the
Parrot company was seeking. in the
other department of the court to Sc
cure an injunction to prevent him from
operating the Nipper west of a plane
drawn downward from a point through
the south side line of the Little Nina, it
being claimed by the Parrot that the
vein beyond that line apexed in the Lit
tie Nina The application for an In.
JUNCTION order was heard by Judge Hem
ry G Smith Of Helena. then occupying
the bench in Judge Lindsay's depart
ment. and taken under advisement.
Heinze further alleged that the action
OF the Parrot company was not being
prosecuted in good faith-that it had
been commenced maliciously to assist the
scheme of conspiracy: that the Parrot
was maintaining it and would secure the
order on perjured testimony. He accus-
ed Z. S. Batterman of the Boston & Mon
tana with having played the part of a
spy in furtherance Of the scheme.
The plaintiffs proofs in support Of the
petition We're heard by Judge Clancy in
March and at their conclusion the de-
PENDANTS presented a motion to dismiss.
The judge took it under advisement and
yesterday overruled It.
The defendants at once began the pre-
sentation of their side. Affidavits to
offset the evidence submitted by the
plaintiff We're read to the court. They
had been made by Robert Macarthur, w.
r. Word. A.. J. Huneke, w. H. Wiley.
Batterman, G. NJ. Hyams, Leonard
Lewisohn. Jesse Lewisohn Thomas
Couch, John F. Forbis, j. X. Mcdonald
and L. 0 Evans.
Some oral testimony was also intro
duced.
Following the submission of the lat
ter the matter was argued with the re-
suit as stated.
This morning the legal advisers Of
both sides were in court again and one
or the representatives of the petitioner
handed the judge the appointment order
to be signed.
Have You any objection to this or
der?' said the judge. addressing Attor-
ney Walsh for the Parrot.
w have no objection to Mr.. Nc
Laughlin but we ave some very material
objections to the signing of that order"
said Mr.. Walsh. "The order" he contin-
ued, places the property in the possess
sion of the receiver and practically en-
joins us from continuing the develop
ment work which a previous order per-
mitted us to do. The order should be
so modified as to permit us to go into
the workings at all ~seasonable hours
and inspect the work the receiver is do
ing
"Revise thiso order a little" said Judge
Clancy. addressing one of the legal adj
visers of the plaintiff, "and have it here
at 2 o'clock.