Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-04-25
F|NLEN-HE|NzE
FIRST ROUND IN THE FIGHT ON
MINNIE HEALEY MINE.
CASE BEING AIRED IN COURT
Heinze Says He Secured the Mine I'm
der a Verbal Contract-Two Wit
Motion to Dismiss Plaintiffs Gross
Demand Taken Under Amusement

The first act in the suit brought by
Miles Finlen against F. Augustus
Heinze to determine title to a lease and
bond on the Minnie Healey mine at
Meaderville was commenced in Judge
Harneys court this morning, but it is
simply preliminary to the real issues in
volved
After Mr.. Finlen began the suit Mr..
Heinze filed crOss-cOmplaint, in which
he asked the court to compel Finlen to
fulfill certain alleged promises in con-
nectiOn with the assignment of the lease
and bond on the property, it having been
alleged that after Finlen secured con
troll of the mine he turned it over to
Heinze on verbal contract. 1t is this
phase of the case that Judge Harvey is
now hearing, without a jury, however,
as it is an equitable action.
T. j. Walsh of Helena and Messrs.
Forbis & Evans of this city are repre-
senting the interests of the plaintiff,
and John J. Mediation. ex-Gov. r. B.
Smith and w. c. Jones are looking after
the Heinze side.
When Judge Harvey announced him
self ready to proceed with the matter
Mr.. Walsh said his side was hardly in
trim on account Of the illness OF W.
w. Wishon. and the absence OF James
Finlen. witnesses for the plaintiff in the
original action He thought both would
be in court tomorrow. I'VE do not
desire to ask for continuance" said
he. but wish to have it understood that
the services of these men are needed we
in case we reach the point at which
can secure continuance until to-mor-
row."
Entitled to Jury Trial
Mr. Walsh further said there were
three counts in Mr.. Finlen's complaint,
on two Of which his side was entitled to
trial by jury, right 1t would not
waive The first Of these counts was to
recover possession of the ground and the
second asked for damages against Heinze
as compensation for ore extracted by
him from the Minnie Heaiey.s VEINS.
The third dealt solely with an order on
injunction and was an equitable mat
ter.
IN reply Mr.. Mediation stated that if
the equitable defense and allegations OF
the cross bill were true Finlen was not
entitled to trial by Jury
The judge decided to hear the case
without jury and took up the TIeinze
end OF 1t first, for upon it the whole case
rests At the beginning Mr.. Walsh ask
ed that the cross demand to Heinze's
>'"'' 'iAi NC uisitiAoseu Dul an ODJectlOn
was made by Mr.. Mediation and the
larger part of the day was spent in ar
guing the point, the judge taking the
matter under advisement at it's close
The property involved is one of the
richest copper-silver producers Of the
Butte district. The lease and bond on
it was secured by Thomas r. Kinds
about three years ago, but subsequently
Kinds transferred it to Finlen. At that
time the ore bodies We're not opened up.
Heinze got hold of the claim later and
put force of men to work, burt after a
lapse of a few weeks Finlen began suit
against him to recover possession, make
Heinze pay for the ore he had extracted
and prevent him from taking out any
more until their rights should be adjust
ed in court. 1t was then that Heinze
came back with O cross complaint. al