Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-26
They WANT THE HE|NzES
FINED FOR CONTEMPT.

therein sacks of ore and also miners at
work breaking and sacking ore in the
stope; also that afterwards he saw
considerable number Of sacks OF ore on
the TOO foot level of the Rarus near the
upraise connecting the level with the
stope, and at a subsequent date said ore
was removed from the 700-f level and
affiant knows of his own knowledge that
1t was not removed by the employees of
either the Boston & Montana or Butte Il
Boston as all means of ingress to said
ore were under the direction of affiant
except such opening as connected with the
Rarus shaft and workings therein which
are under control of the Montana Ore
Purchasing company. Finnegan makes
a further affidavit that Jan. 18th last he
with John Downey, Mike Morrissey and
George Stevens, miners employed by the
Butte & Boston, and s. E. Davis, min
ing engineer Of the Boston Montana
visited what is known as Drift 26 on the
eight hundredfOot level from the Rarus
shaft and found therein men breaking
down ore, said men being in the employ
OF the Montana Ore Purchasing COM
pany. Again on Jan. 23rd he visited
with Davis, Drift 20 on the eight hum
dred-fOOt level of the Rarus within the
Pennsylvania lode claim, and there found
men at work breaking down rock. Atfl-
ant examined said rock and taking
samples found that it was ore.
| On March 10. affiant saw workmen
, employ of the Montana Ore Purchasing
company and not of the Butte & Boston
! or the Boston & Montana enter upon the
Pennsylvania and erect bulkheads there
on in drift No. on the 600-f foot level
from the Rarus shaft and in what is
known as drift No. y, they made an up
raise which upraise affiant knows and
believes was constructed by the Mon
! tana Ore Purchasing company under
modification of the Injunction in this
case and to which upraise said modifica-
! ton gives the agents and employees of
the Boston & Montana free access at all
times: that the Montana Ore Purchasing
company is erecting bulkheads within
the Michael Dewitt ground connecting
+, with the Pennsylvania for the evident
purpose and design of excluding there
from affiant and other agents or repre-
sentatives of the Boston Montana
from visiting or examining workings
within said Pennsylvania. such woS6 not
being developing or representation work,
but was stopping for the taking out OF ore
for mining purposes
! John Downey makes affidavit that he Is
a shift boss employed by the Butte Il
Boston and had charge of the work done
through the Michael Dewitt shaft for de-
Velopment necessary for procuring evi-
dence in the litigation; that December
20 last, in the intermediate level on the
first fiat ore body between the 600 and
the 7O0-foot levels, from the Rarus shaft
with the Pennsylvania he found ore be-
ing sacked. On Jan. IA and Is. he claims
t. have seen other evidences of the yio-
lation of the injunction.
Will Word u mining engineer SWearS
that last August he went into the level
of the Pennsylvania between the GOO and
.02-foot levels of the Rarus taking notice
of streaks of ore standing in
place in the stope and that there
was no ore sacked or in the stope;
on October 26 he swears he went to the
same stope and found some work had
been done. about 100 sacks of ore being
piled uD in the stope. On October !, a
watcnman tried to prevent him and
Lewis Janin from entering the stope.
Other aflidavits from miners are along
the Ines of Finnegan's. $. E. Davis, a
mining engineer, swears that the affida-
Wits of Finnegan, Morrissey and others
ale correct to the best of his knowledge.