davidaulloa/AmericanStories huggingface dataset:
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26
HONOR
IS At ISSUE
f,s
Motion for New Trial of Michael
Dewitt Case.
ARGUMENTS ARE BEGUN
Sohn F. Forbis Opens for the Paint
i1fs-Contends That Jury Was
Not Impartial.
ARE BEGUN

The argument in the motion for a new
trial in the suit of the Butte & Boston
Co, VS. the Montana Ore Purchasing Co.,
involving title to ore in the Michael Dew
lit claimcame UP for hearing before Judge
Knowles this morning. This is the case
in which the Heinze's secured a verdict
at Helena in their favor. Later the Butte
4 Boston people filed a great many atiida-
Wits seeking to establish the fact that the
jury was improperly influenced.
John F. Forbis of Butte, n H. G.. Nc
Intire of Helena, represented the plaintiff
company and John Cotter and Judge Gull
len the defendants. Mr.. Forbis made his
opening plea to the court. He cited the
| charges which had been made against
the jury, the atfidavits that had been sub
! mitted which he said should be consider
&c in connection with the matter and 9TH
er circumstances which he believed had a
bearing on the question whether the jury
had considered the evidence impartially.
Mr.. Forbis also cited the practice in
several courts relating to verdicts. In
California he said if the court is not
satisfied with the verdict it can be set
aside. In other states the rule was that
courts might set aside a verdict when it
was shown that it was not warranted by
the evidence in the case. This was a
case. Mr.. Forbis commended in which the
July SOu1A " nave OO1A " N1AA
had it given consideration to the evil
dence. The verdict in this case had been
absolutely against the evidence and the
bounden duty of the court was set it
aside
Mr.. Forbis then reviewed the evidence
given at the trial by Robinson, Kelley,
Tower, Sizer, Palmer and others. Robin
son and Kelley, Mr.. Forbis said, had gone
more fully into the matter in reference to
the workings. Mr.. Palmer said that the
defendants had a zone of 800 feet, but evil
dence of that character deserved not the
slightest weight because his honor knew
that a 300 foot zone was an a~bsurdity. Mr..
Forbis then read from Robinson's testi-
mony in which the faulting Of the Wind
less vein. the developments in the Chase,
Snohomish, Heinze and No. 4 raises We're
all gone over again.
In illustrating his argument Mr.. Forbis
used a large mine model to Indicate the
workings. Mr.. Cotter asked that the
small model be shown, to which Mr..
Forbis replied that he was willing, but he
had thought that there would not be any
replied that there would be a controversy
to which Mr.. Forbis retorted that there
would be no controversy over the facts.
Mr.. Forbis in referring to Robinson's
testimony at the trial, from which he
quoted freely, said that Robinson contra
dicted himself SO frequently hat he was
puzzled to know how to take him. Most
of the forenoon session was taken up by
Mr.. Forbis in quoting from Robinson's
testimony and pointing out to the court
alleged Inconsistencies 1t is likely that
the matter VIII consume a couple of days
of the courts time.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26
SHERIFF REGAIN WINS,

The suit Of Simon Lewis against
Sheriff Regain, an action involving $3.50.
was tried in Judge Lindsay's court yes
terday and a portion of today and re-
suited in a verdict for the defendant.
The suit grew out of an attachment
levied by. the sheriff on some tailoring
goods to satisfy a claim held by William
cunningham against William M. Weisz.
Lewis claimed to be the owner of the
goods and instituted the action to e;the,
recover them or their value, $3.50. The
defense claimed that Weisz transferred
the property to Lewis for the purpose of
defrauding his creditors, and that the
transfer was fictitious.
The jury was only out 10 minutes.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26
WAS THE PLYMOUTH
PROPERLY LOCATED?

The validity of the location of the
Plymouth lode claim has been attacked
by the opponents of James H.. Maloney
and his co-partners. and the matter
promises to develop into an interesting
legal controversy. The attack had its
origin in the suit brought by the Ma
loney side against Silas F. King, James
A. Murray n Marcus DAILY to decide
title to the vein Of ore which has been
TAPPED through the underground work.
ings of both the Plymouth and Silver
King property adjoining, and which ore
body is claimed by both sides. Four at
fidavits in support Of the allegation that
the Plymouth location was not made
according to Hoyle have been filed in
the district court. Two are by Wakeman
sutton, who has been managing the
work of development on the Silver King;
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26

another Is by Samuel Barker and the
other by A.. o. Palmer. In one of the af-
1davfts made by sutton the afflant
states that he has been Informed that
Messrs. Maloney ct al. base their claim to
the ownership Of the ore bodies upon a
e. Ra' fEsa: & iha r. ne R ! Nh dated lat 9ns August gust
decessors in interest ever perfected a le-
gal or valid location of the Plymouth for
the reason hat the location notice was
DETECTIVES; that the boundaries of the
claim were not laid out so they could be
readily traced.
In the other affidavit Sutton alleges
that the Maloney contingent is taking
the ore which his side is prevented by
injunction from disturbing. having al
ready converted 100 tons valued at $780,
900, n is employing fifteen men in the
work; that it has filled the Sutton raise
of the Silver King from the W0-foot level
to a heighth of SIS feet and thrown 80
feet of waste into the same raise at the
1~5O-foot level: that it is now engaged in
filling up other levels and raises.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26
Has Been Asked to Boss Butte'S
Ball Team.
AND UNIFORMS
committees Will Arrange for Them
Funds to Be COllected-Ap-
plicantS for Positions,

The board of directors Of the local base
pail club met this morning in The office
OF Charles r. Leonard and passed upon
the myriad of matters needing attention,
president Sewell Davis was in the chair,
ana there We're present Messrs. Charles
Lane. John G. Evans, J. G., Mccormack
Lou Frank. Ben E. Calkins. Charles d.
french n James O. Hodgens, officers
ana directors OF the club. Messrs. Frank
French and Mccormack were authorized
to select one of the several applicants
for the position of manager of the team,
ana actlng with the manager to contract
with players. 1t is not improbable that
Hunky Hines. a well known player, who
is with the Wheeling w. ", team. will
be chosen for this position. A telegram
was sent to him yesterday, rendering him
the place, and a reply is expected some
time today. Hines is aid to be an ex-
c~eptionally clever player.
The committee on finance. Messrs.
Lane and Hodgens. was instructed to COL
lect the subscriptions to the baseball fund
at once, as the guarantee, $500, and about
MALT as much more for league expenses,
Will nave to be paid into the league treas
ury forthwith.
Ihe committee on grounds, comprising
Messrs. Evans, Frank and Mccormack.
the grounds and contract for the neces-
sary srandstand and "bleacher' seats.
1t is quite probable that the football
grounds, for which partial arrangements
have been made, will be used.
The matter of a club uniform was dis
cussed. Director Mccormack suggested
white shirts, white sweaters. black
breeches and. white caps. Mccormack,
van and Calkins We're appointed as a
on uniform and other supplies.
The score card and refreshment privi-
leges, for which there are a number OF
applicants. will probably be sold to the
highest bidder. The committee on
GROUNDS was instructed to sell the privi-
leges to the best advantage.
Inc appllcatlon of Dexter Smith for the
position of umpire was referred to Presi-
dent Lucas, it not being within the prov
ince of the local club to employ an UNI
pire.
= The club will experience no difficulty
IN securing players. Among the applica-
tions received is one from Jack Flannery,
ex-chief of the fire department, who was
a member of the old professional team in
'92. and whose fast ball playing has won
him many admirers in Butte.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26
TO THE STOCKHOLDERS OF THE
BOSTON & MONTANA CONsOT.I-
DATED COPPER AND SILVER MIN.
ING CO.

Notice is hereby given that the ANNA,
meeting of the Stockholders of the Boston
& Montana Consolidated Copper and Sill
held at Butte, Montana, on Thursday
April 26, 1900, at II o'clock. noon, at The
office of the company.
The business to be transacted at th,.
meeting will be the election of Directnrs
for the ensuing year, inc any other h,s,'
ness that may legally como before it. The
transfer books OF the company will be
closed from April 10, 1900, to April %. 1aoo
both days inclusive.
w. ]. LAID,
Secretary.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26

Come early if o al late if you
must; but come" So say Hennessy's.
On Monday morning they start in to close
out O. X. Lewis S100, 900 stock of dry
goods. n will make a bargain of each
and every article that stock contains.
Lewis lines of mems fine shirts. gloves.
underwear and neckwear, with all other
things in that department. will be sold
at half price. A great chance for men
to make their dollars do double duty.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26
NOTICE OF SALE OF MERCHANDISE
FOR FREIGHT AND WARE
HOUSE CHARGES.

Notice is hereby given that the UNDER
signed will, unde the provisions of Sec
tfons 2495 and 291G of the Civil Code of
the state OF Montana, on Saturday, the
18th day of May, 1900, at 10 o'clock a, M.
in default of the payment of storage and
freight money, for which the under
signed claims a lien, sell the personal
property hereinafter described, at public
auction, to the highest bidder, for cash.
The amount due thereon is as follows:
Freight charges ........ .......... $164 90
S.o.ase cnarges ....'............ l52 so
Making a total for freight and
storage charges Of 1918 so
In addition thereto. the costs of sale
will be as follows:
Services of auctioneer .........,. $50 90
Publishing notice of sale four
weeks ...'..... 81 2j
Making a total for the costs Of
sale OF .......... ......... $S1 70
The total amount due on said property.
including the freight and storage charges
and the of sale and the publ
cation Of notice, will be the sum of
$500. O5.
Said sale will be made at the Butte.
Anaconda & Pacific Railway company's
freight house, No. S1S South Wyoming
street, Butte, Silver Bow county, State
of Montana.
The description Of the property which
will be sold is as follows: One hundred
and sixteen pieces of red sandstone, suit
able for paving sidewalks, consigned by
r. B.. Ground & Son of Lyons. Colo, to
the Silver State National bank, Which
has been at it's destination Butte, MONTY
since December 2, 1893.
III ANACONDA & PACIFIC
RAILWAY COMPANY.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26

T thine own self be true" Hennes-
sy's will have the grandest lot of bar
gains in mems underwear, shirts, under
wear. ETC., on Monday, at their clearance
sale of O.. K. Lewis stock. Don't let any
n talk you out of getting your share of
what you want Buy at Hennessy's.
where you get the biggest values.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26

Steamer sailing from Portland. Ore.
to~Cape Nome, are superior in every way
to those sailing from other Pacific coast
points. and miners supplies can be pur-
chased much cheaper n to better adj
vantage in Portland. Next steamer In
which there will be reservations will sail
on May 20. The first-class fare is $123. IS:
second-class, $10.2 Is.
H. o. WILSON.
Gen. Agt., O.. S. l.. r. r.,
Butte,
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26
NEW MATTINGS.

A new lot of fine Chinese mattines. IN
rolls-opened up for sale this week at 1Sc.
35c, 45c and 60c yard. We want you to
see these mattings. We think they are
very handsome. We know the prices are
correct. Pritchard- Harrison CARPET CO
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26
HE THEN FELL DEAD.

l saw an ad
That wasn't bad;
But l had to smile. it seems
When it spoke of pipes, and fittings
But did not refer to dreams.
/ then bethought I'd read some things
Alike to it last summer,
When at the end l found the words
Go see Killeen. the plumber,
Phone 26S. p West Broadway.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26
FOR SELLING LIQUOR
WITHOUT A LICENSE.

w. f. Davey, a, general merchandise
dealer of williamsburg, near the Color
d cOmpany's smelter, was arrested this
morning at the instigation Of the Liquor
Dealers Protective association, on a
warrant charging him with the sale of
fact that it is the policy of the associa-
ton to discourage the sale of liquor by
grocers, the case against Mr.. Davey was
dismissed later in the day, he having
promised the court and the representa-
tive of the association that he would
discontinue the handling of liquor on a
grOcer's license.
Detectives in the employ of the asso-
citation have sereval other groceries UNI
der surveillance
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26

DEAR Mrs. PrNKHAM:-Iwas sick for
two years with falling of the womb, and
Inflammation of the ovaries and bladder.
l was bloated very badly. MY left limb
would swell SO l could not step on my
o l had such bearing down pains /
couid not s~traighten up or walk across
the room and such shooting pains would
go through me that l thought l could
not stand it. My mother got me a bottle
OF Lydia 3. Pinkham's Vegetable Com
pound and told me to try it. took six
bottles and now, thanks to your won
derful medicine, I am a we'll woman.s
MRS. ELSIE BRYAN, Otisville, Mich.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26

Over 100000 worth of bargains in our
store at n time. You'll find them at
Hennessy's closing out sale of O.. K,
Lewis stock on Monday. All their lovely
SILK waists. petticoats, muslin underwear
and other garments that women want
will be sold at a sacrifice.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26

Sewing machines for rent, by week or
month. National Undertaking COM
pany, II East Quartz.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26
OVARIAN TROUBLES

Lydia =. Pinkham's Vegetable Compound
Csres Them Two Letters from Women.
DEAR MRS. P1NKHAM write IN
tell You of the good Lydia e. Pink.
hams Vegetable Compound has done
me. Twas sick in bed about Ave weeks.
The right side of my abdomen panied
me and was SO swollen and sore that I
could not walk. The -
doctor told my hus-
band l would have to
undergo an operation. N~
This | refused to do(MA NY
until I had given your &NTsN
medicine a trial. Be- * HAN3ESG
fore I had taken n]N!Y
one bottle the IL WNKM
gan to disap- tx M
pear. I con. IN
tinued to use s-NLaU
your medicine @SW
until the swelling IA
was entirely gone. III
When the doctor M N
came he was very MA
much surprised to @A
see me SO much ~
better. "-MRs. MARY SMITH, Arlington.
Iowa.
Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-26

d. German. dentist. ia N. Main.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1900-08-03
Farms for Sale.

Two farms each containing 100 acres,
both improved, with grove and build
ings and all good land; located / mile
apart. Price $35 per acre.
25l acre stock farm, good buildings.
S45 per acre.
80 acres elegant land and improved.
$42 per acre.
32O acres improved farm on Upper
Iowa; good land, 100 acres timber. $35
per acre.
100 acres best land in Iowa, good
improvements. $57 per acre.
100 acres near Schley, good land and
buildings. $45 per acre.
l2O acres improved and in Bohemian
county, snap. 1886 per acre.
so acres improved, fine land, some
timber. $3.50 per acre.
16O acres fenced and cross fenced and
in crops, best bargain on my list. $2s
per acre.
120 acres improved; grove, orchard
and buildings, school on corner OF
premises and running water in pasture
$42 per acre.
l4O acre farm, 100 acre farm and lS(
acre farm, each of these three farms
are improved, and all joining. Price
$42 per acre.
We have a list OF 80 farms. If thu
above does not suit you, we have
others that will. Call on us for farml
or town property.
JOHN M. CANNON,
Cresco, Iowa.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1900-08-03
Chester.


Since my last report there haue been
no serious affairs to record-all is
peace, and the people are dwelling to-
gether in harmony.
Mrs. Meredith still continues i'll; in
fact 1T seems next to impossible for
her to remain with us much longer.
Mrs. w. FL. Barnes has just returned
from her trip southwark looking as
though she had had good time, as
she says she had, while Wills upper
lip has got back to its proper position.
II. G. Meredith is busy gathering
his garden truck to supply the mar
ket. 1t keeps him busy, yet he has
got lots of it.
Mr.. ald Mrs. Bratrud have returned
from their visiting tour looking we'll.
Nichols & Babcock have bought of
Mr.. Middlebrook the house and lots
east of the drug store, trading Bah
cocks house on the south side of rail
road, and have commenced excavating
cellar for brick building 30x50 two
stories high, which will add quite an
item to the Improvements in our town.
+. E. Lawson is away to Des Moines
this week attending the state repucli-
can convention. Walt Courtney is
acting salesman while Lawaon is
away.
Tom McKinsey had the first job OF
| threshing done in these parts some
rye. Nichols and Graham did the
work with their new Avery.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1900-08-03
sHERIFF's SALE.

BY virtue of a special execution issued from
the Office OF the Clerk of the District Court OF
Howard county. State of Iowa, in favor Of
Cresco Union Savings Bank, and against A. d.
Ellen NJ. Armstrong, dated July 80, 1900, and
to Inc directed, commanding me that Of the
goods, chattels,stock or interest In any company
debts due, property in the hands of third per-
sons, lands and tenements (Which are not eX
empt by law from eXecution) of the said A. ID.
and Ellen M. ArmstrOng,I make or cause to be
made the sum Of Four thousand seven hundred
and twenty dollars and forty-flve centstS47204 5)
and seventeen dollars and twenty-five cents,
costs OF suit, and eighty-seven dollars and 20
cents attorneys fees. with interest and
costs, havele We'd upon the following de-
sci1bed real estate lying and being situated In
The county Of Howard. and state OF Iowa,
namely:
The southeast quarter (se4) OF section No.
tWenty-seven Ell. township No. ninety nine
l9T, range NO. thirteen Q3) West of the 9th
And hereby give public notice that shall
offer for sale at public cutlery at the Court
House door In Cresco, county Of Howard and
State OF Iowa, on
SATURDAY, SEPTEMBER LIST, 1900,
between the hours OF O'Clock a. m. and 4 O'Clock
p. m. OF said day-sale to commence at tho hour
OF O'Clock p. m. OF said day; and will sell to
the highest and best bidder therefor in cash the
above described property, OF sufficient thereof
to satisfy the above debt with interest and costs
Dated this 10, day OF July 1900.
A. c. CAMPBELL,
94w2 Sheriff of Howard County
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1900-08-03

Even the farm-yard fowls
are not slow at availing them
selves of a modern method of
preparing. for a rainy day.
Preparing for a rainy day
IN the general acceptance of
the term means laying up
some money against i'll health
or evil fortune.
Why do not you prepare for
a rainy day by opening a
Savings account with this
institution?
No matter what your politi-
cal belief may be, you surely
believe in Protection from
want and misery in oldage by
laying by something for the
future.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1900-08-03
WILL APPEAR SOON.
THE MARKETS.
Grain. Proxisions. Etc.

Chicago, July 81.
FLOUR-Dull and unchanged.
WHEAT-Lower. August, ranged at 1874
Q741sc, closing at 737sQ74c. September 74Ss
@75c.
CoRN-Steady Cash, 39ss@39kc. July.
Ss,s@39ssc. August, Ss2 d3s%c. September.
3S12@3S7sc closing at $3.50.
OATS-Weak and lower August, 20hQ
211sc. September, 2lA@2la4c.
RYE-Easy and a shade weaker. No. q
was Soc, No. about 49c, September, 51@5lko.
BARLEY-Market heavy. Very little do
ing as yet. Screenings, 30@34c. Feed and
export, 35@SSc Low mailing, 40G42c, and
fair to good, 43Ql45c, and choice possibly
above.
MESS PORK-Inquiry fair and offerings
moderate. Prices ruled higher Quota
tons ranged at s11. 90111 IS for regular, with
old at 40@50c, and repacked old at 90c@$l. 90
discount, and s1l,S71aa12 O21a for September.
LARD-Demand fair and offerings mod
crate. Prices steady at $6.SCd6.S21a for
cash; S6S2la@6.S5 for September, and $6.s5G
6.S71a for October.
'POTATOES-Market stronger. Early
Ohios. per bu, S2@34c; Hebrons, 32@34c;
Homegrown, ~ blu. sacks. 40@50c.
EGGS-Market holding firm. Loss Off
| cases returned. quotably, 1l1ac; at mark
| 71a@1O1ac; city reeandled, new cases in
cluded, quotably, 1l12ql2c.
l BUIIER-NOI SO llrll. SfedTneTleS, ex
ira, 100 per pound; tirsts, l7@1Sc; seconds
151a@161ac; diaries, 141s@16c.
LIVE POULTRY-Quiet and easy. Tur
keys, 6@7c; chickens, 5@10c: ducks, 7ls@9t
per pound; geese, s5.O0a6 90 per Dozen
New York, July 81.
FLOUR-Market steady. but without i'm
| portant demand.
| WHEAT-Spot steady. No. 2 red, 741sc
| options closed steady on late covering al
| partial Nc net advance; September, 79a@
so slice, closed S0Ac; October, S0k@S0ssc
closed s05sc; December, s11s@sl ll-16c, close
s15sc.
i CoRN-spot steady. No. 2. 4bc: option
closed steady at unchanged prices; Sep
TENDER, 4414@447sc. closed 44Ac; Decembe
closed 41Bc.
oATS-Spot weak and lower. No. 2, 2
@261ac; No 8. 251ac; No. 2 white. 2s@2Slac
No 8 white, 271ac; track mixed western, 2
@D271ac; track white western. 271aG33c; tract
white state, 271aG33c; options dull and nom
inal.
BUTTER-Steady. Creamery, l7@19kc
current packed factory. l4@l5s4c.
EGGS-Steady. Western. at mark, liz
131sc; western. loss off, 15hc.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1900-08-03
34th NATIONAL ENCAMPMENT
G. A. r., at Chicago, Aug. II,
Sept. 1, 1900,

Commencing August 2sth the Chi
cago Great Western Ry., the road that
has always proved itself the "friend of
the old soldier" will sell excursion
tickets to Chicago at
ONE FARE FOR THE ROUND TRIP,
giving fine opportunity to see at it's
best the great western metropolis on
the shores of Lake Michigan. Presi-
dent Mckinley will attend this en-
campment. The tickets will be on
sale Aug. 18th to 10Th, and good to re-
turn to Sept 1st with privilege of ex-
tension to September Both on payment
of 30 cents.) For further information
inquire of any Great Western Agent
OF address L. III. Lord, G. p. & Z, A.,
lib Adams ST., Chicago.
-----+-SS-=-
Euucate Tour isolyess with gassareu.
Candy Cnthartic, cure constipation forever
nc. 25c VI @ 9. Q, faiis Druggists refund monok
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1900-08-03

The laws of health require that the
bowels move once each day and one Of
the penalties for violating this law is
piles. Keep your bowels regular by
taking dose of Chamberlain's StOm-
ach and Liver Tablets when necessary
and you will never have that severe
punishment inflicted upon you. Price,
25c. For sale by j. H. Luers Drug Co.
Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1900-08-03
Iowa State Fair, Des Moines. Iowa, August
cath to Sent. L, 1900

For this important agricultural
meeting the Chicago Great Western
Ry will on August 23rd to Sept. lst,
sell excursion tickets to.Des Moines,
good to return Sept. Bird, at one fare
for the round trip. For further infor-
Agent, or address f. II. Lord, G. p. &
T. A., lib Adams ST, Chicago.