The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1902-05-19
Mr.. WINCHELL, IN HIS AftlDAVI | 4,
EXPLAINS HIS ATTEMPT TO Ex-
ANIME MINNIE HEALY MINE.
CROSSCUTS BARRED BY
HEAVY TIMBER GATES
Observes Men at Work, But teinze's
Representatives Refuse Him Pernis-
sion to Garry Out the Order Of the
Court-Gives the Details Of the Ex-
periences He Encountered.

Much feeling has been aroused in the
city over the barring out Of the Minnie
Healy mine OF the representatives Of the
plaintiff in the Minnie Healy suit by the
defendants in the suit, who have charge
OF the mine. against the order OF Judge
Clancy and the supreme court. and the
consequent charges OF contempt Of court
lodged against +. Augustus Heinze and
his superintendent and foreman. +. II.
Wilson and John Kane.
he defendants will have their hearing
on "Wednesday morning at 10 clock ii
there IS 10 further continuance of the
matter. The charges OF contempt con-
tain very clear description OF The way
III which the gentlemen who were en-
powered by the court to make the exam
ination, survey and inspection, were
barred from the workings, laid open to
them by the order of the court by gates
Report of Geoloeist.
Geologist II. V. Winchell, in the al
hdavit made by him on which the con
tempt charges were brought, describes the
way in which he and the other repre-
sentatives OF the plaintiff were shut out
of the workings in the Minnie Healy.
which the order of the courts einpow cred
them to enter as follows:
The aiiiant and the other representa-
tiNSs VI tHc ueiS0udUl ABOVE named were
hrst taken to the sixth and seventh levels
OF said mine, and saw that several OF
the workings OH said sixth and seventh
levels, leading west had been Jagged
bulkheaded and closed so as to prevent
access thereto and prevent an examina-
tion or inspection OF the workings lying
beyond such distractions.
THAT afiiant and the said HAYES Bar
ker and assistant were then lowered to
the 8oo-foot level of said Minnie Healy
mine. That OH said Soo-foot level there
is crosscIt leading south from said Min
ME Healy shaft.
THAT affant and other representatives
OF defendant last above named proceeded
in said crosscut for the purpose OF cX-
aminlng the workings and opening in
said Minnie IIealy mine upon the 500
foot level specified, and as provided in
said order OF inspection and examina-
ton.
That after proceeding in said crosscu,
distance of IS feet to :he south affiant
and the other representatives of defen.
dant. above named, found gate con
structcd of heavy timbers, which com
pctely closed said crosscut and pre-
vented further entrance thereto. That
the said gate prevented access to any
openings and workings upon the said
which may exist therein. and which arc
included in the terms of such order of
survey and inspection. That affant looked
through the said gate and saw, at dis.
tance Of about 80 feet south of said gate,
a drift leading to the west, and also a
drift leading to the east.
Gate Bars Crosscut.
THAT there is track laid in said
crosscut from said shaft for the purpose
OF carrying ore cars, which track ex-
tends past said gate. to the south, and one
branch of said track leads into the SAID
west drift and one branch into the said
east drift. That there was a watchman
stationed on the south side of said gate
in the said crosscut.
Lhat there were some cars loaded with
ore upon the said track in said crosscut,
north of said gate, and also some cars
loaded with ore upon the south side of
said gate, and that afiant observed a work
man push a car loaded with ore through
CONTINUED on PAGE S;x)