Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-03-05
AN OLD MATTER REVIVED BY
THE FILING OF A NEW
SUIT.
JAMES A. MURRAY is :
MADE THE Defendant.
It Involves Some Alleged Rich Prop
critics in the Butte District-Ask
That Deeds Be Anuulled.

An amended complaint ~ the suit of
Ludwig Strcicner. and twenty-seven
other Streichers and heirs of John
Streicher, who died in this city on July
4. 1882, against James A. Murray, has
been filed in the district court. The
suit has as it's object the recovery of
some mining interests held by John
Streicher at the time of his death.
These interests consist of a half in
terest in the Narrow Gauge, half in
the Humboldt. a third in the Elba, a
third in the North Pole. third in the
Tiger and quarter in the Corona. 1t
is alleged in the complaint that Stretch
er died intestate and unmarried, and
that the plaintiffs are the heirs-at-law
of the dead man: that on September /,
1882. letters of administration on the
estate We're issued to z. b. Waterbury.
and that these letters remained in full
force until the estate was settled up
and decree Of distribution ordered by
the probate court on August 16 1884;
that in 1883 the plaintiffs and their pre-
decessOrs in interest through the de-
partment of state of the German en-
pire, selected Adolph Rosenthal, who
was then acting as imperial German
consul at San Francisco, as their agent
and attorney to take charge of their
interests; that in 1883 Rosenthal en-
ployed William Loewy as his attorney,
and the latter acted as such attorney
until 1891, when he formed law part
nership with Gustav Gutsch OF San
francisco; that the firm then acted as
the agent for Rosenthal and the plain
tiffs: that in 1884 Loewy employed Caleb
E. Irvine of this city to assist him and
Rosenthal in the management of the
properties; that Irvine leased certain of
the claims and collected large amounts
or rents and royalties up to 1891, and
Loewy knew it; that Irvine kept the
money and Loewy made no effort to
get 1t from him: that in 1883 all of
the property was patented in the name
OF John Streicher, and Loewy was in
FORMED that there was no question as
10 the title. but Notwithstanding this
iact.s Rosenthal represented to the de-
partment OF state. for the ben
eht ct the plaintiffs, shat Stretch
er had acquired merely current
claim for the working of the properties;
that after the death of Irvine in 1891
Loewy & Gutsch >.lpoyed G. A. Korn-
perg OF Butte their agent and represen-
tatlVe. kornberg at that time, saws
the complaint. was the agent and civil
engineer for Silas F. King and James
"A. Murray; that he opened up negotia-
IONS with Messrs. King and Murray for
the transfer of the property to them and
Whlie this was going on Loeny & Gutsch
Informed the plaintiffs that unless some
, thing was done pretty soon it would be
dlfflcult to find anyone who would assist
them in realizing anything from their
inheritance, arp also represented to them
that the questions of title in real estate
We're the curse of the United States.
tnat other parties We're in possession of
the mines and We're not disposed to nav
plaintiffs their interests; that in the
wild west, 1000 miles from San Fran
cisco. meaning Montana, YOU could
hardly depend upon anyone; that the
Judges and attorneys could not write
their mother tongue correctly: that On
the same day these representations were
being made to the plaintiffs by Loewy &,
Gutsch. kornberg was having a deed
plepafeu 10 sell the property to Silas f.
King; that he sold the property to King
for $4,000.
The deed, it is claimed was executed
through Rosenthal, who had no right
to sanction it, and that Kornberg re-
ceived 5000 for his services and Loewv
a Gutsch $1,000: that it afterwards
trahspired that King was only buying
the property for Murray. 1t is further
alleged that after the sale had been
made Murray collected from Clark Bros
bank $4,000 or $4,000 that had been
placed on deposit there as royalty by
men who had leased the properties from
Irvine because they had no one to whom
they could lawfully pay it after Irvine
died. 1t is further alleged that on Sep.
TENDER q, 1892, King transferred the
properties to Murray and that immedi-
ately afterwards Kornherg took charge
of them as the agent for Murray and
King.
The plaintiffs ask that the deed from
Rosenthal to King and the one from
! King to Murray be declared null ant
void and that they be declared the own.
ers of the properties.
| FOR SALE-1S ROOM LODGING
l,OlSn fO 10 II,