Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-02-26
C0MANCHE INJUNCTION WAS
GIVEN WITHOUT BOND.
LOSS FROM MOVING GROUND
SUPREME COURT HEARS CASE ON
FRIDAY-KELLOGG MURDER
CASE IS ON.
Special to the Inter Mountain.

opeCldl " lllt lulcI -slOulitdiu
Helena. Mont. Feb 26.-Appication
was made to the supreme court today by
L. O. Evans, of Forbis & Evans, lawyers
for the Boston & Montana. for a stay of
the injunction on it's operations in the
Comanche mine, pending an appeal from
the order of Judge Clancy granting the
injunction. The hearing is set for Fri
day. The petition says the Boston &
Montana is the undisputed owner of an
undivided three fourths of the mine en-
poyS 2o0 men, and finds the WORKINGS
difficult to keep open on account of NOV
ing ground. which may cause caves and
the consequent loss of large bodies of
ore. 1t says the injunction remains in
force until April ., the date set for the
hearing on the question of making it per-
manent; petitioners will suffer large
and irreparable loss, and the injunction
was granted without bond. Stay of all
proceedings is asked pending the deter
minatiOn of the appeal on conditions
which may seem proper to the court. -
Peter Breen, county attorney Of Sill
YER Bow county, has filed an accusation
IN diSbarment proceedings against w. w.
Likens, and the supreme court made an
order for Likens to appear and show
cause why the petition should not be
granted, April !. The charge is that,
when admitted to practice March s, 19OO
Likers took the oath that no criminal
charge had been instituted or prosecut-
ed against him in any jurisdiction. The
information charges he was convicted
Of felony at Boulder, Colorado, May 25,
1885, went to Colorado penitentiary May
q, 1885, and was discharged from there
July p, 1888 The record of the court
of Boulder county shows he was convict
ed of forgery and sentenced to four
years. Likens' Colorado record was OBJ
tanned by Breen from Lewis :. Young.
county attorney of Boulder county, Col
! orado. to whom he described Likens as
| an all-around nuisance, who had prac-
tically lived IN the county Jail for the
last year, and was continually raising
technical points in criminal cases.
The trial of Dr. Edwin S. Kellogg for
! murder in the second degree in perform
ing a criminal operation on Adeline
Bromley April II, 1900, is in progress
! before Judge Smith. Thomas kellam
testified this morning he saw the girl go
| into Kellogg's Office on the afternoon in
question. John Horsky. jr., also testi-
fled to seeing her go in as he looked out
| of the window of III. NJ. Parchens drug
store, across Broadway. Logan Smith
testified he left her that day at the
corner of Sixth avenue and jackson
street land saw her go up Jackson street
in the direction of kellogg's office.
| Mamie jackson "a girl who worked with
| the deceased at the house of Rev w.
! w. Love, told Of her going out that
afternoon and returning about o'clock,
but was not allowed to tell where she
| said she was going.
r. A. Heinze has bonded seven blocks
| IN the Highland Park addition to Hell
eia Tor mining purposes. from Platt and
Heath The bond is for $500 and runs
| one year large proportion being paid
down. The ground adioins that on
which he is now sinking Il shaft, and
was taken on account of a good show
| ing in the shaft.