Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1901-08-12
HARVEY HAS HIS SAY
Judge in Famous Montana Mine
Case Lays Down Line
of Defense.
SENSATIONAL COUNTER CHARGES
Is Now Visiting at Former Home
in the Lower End of
County.

The public has become more or less
familiar with the Minnie Healy min
ing case which was recently decided
by Judge E. w. Harvey in the dis
trict court of Montana located at
Butte. The case is the culmination
of years of litigation between the
Amalgamated Copper company as the
indirect plaintiff and the Montana Ore
Purchasing company the defendant
over property valued at unknown
millions Of dollars. Particular local
interest attaches to the proceedings
because of the former residence of
Judge Harvey in this county and the
fact that he is now visiting in Buff
falo Prairie.
The case was one in equity and was
decided for the defense by Judge
Harvey without jury. After
a decision had been rendered the
plaintiff. which is the corpora
ton controlling most of the mines
in the region of Butte. filed a
motion for a new trial, and this is still
pending. In support of the last
move the plaintiff began filing sfiida-
Wits principally made by detectives
employed in the case, asserting that
the court had been influenced In rem
dering the decision by q woman
named Mrs. Ada Bracket, who had
been Judge Harney's stenographer
about the time the case was
on trial and who was said TO have
been in the employ Of the Montana
Ore Purchasing company. Even the
Judge was required to make a dep
osition before a notary Pu bic. stating
his grounds for making the decision,
to be filed by the plaintiff in support
of the motion for a retrial, but the
court refused to make a statement,
and in n test case, which was made
of it, won out.
Postponed Time and Again.
Affidavits continued to be filed and
the time of the hearing of the motion
was postponed again and again
at the instance of the plaintiff and
there appeared to be no prospect of
bringing the matter to a mead. The
Judge took the stand that he had no
right to make any defense so long as
the question was still before him and
the parties whom he must necessarily
introduce in his own behalf were
mentioned in the aifidavits filed on
the case. OF course the affair came
to be one of the most widely talked of
and created the greatest scandal of
any, with the possible exception of the
famous Clark case, that ever came be-
fore the courts of the state of Montana.
Many stories were circulated and the
reflections cast upon the charac-
ter of the judge were so serious as to
affect his health through the strain
that was put upon him. About the
time the rumors began to circulate
his wife and children came east on
visit, and the report gained currency
that the family had been broken up
by domestic troubles. Finally. as the
Judge himself says, he was advised by
his physician that he must leave
Butte for a lower altitude IL he would
save himself from physical ruin.
Saturdays ARGUS chronicled his
arrival in the city on his way to visit
with his wife, who is the daughter of
Mr.. and Mrs. William Kistler. of
Buffalo Prairie township. and is with
her parents, and his own parents and
other relatives who reside at or near
Joy, in Mercer county. Yesterday q
press representative, after drive of
25 miles, found the Judge and Mrs.