The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1902-05-16

Sensational charges against II. Angus
tus HeinZe and the Montana ore Pur-
chasing company were made upon af-
hdavt In the supreme court yesterday
by the plaintiff In the famous suit of
Miles Finlen against ilcinZc and Others
to recover title To the Mime licaly
mine. This is the suit In which the
aiiidavits against Judge llarney that h
characterized as scandalous' were filed.
and which Is now In tn" supreme court
on appeal
The andavlts filed In the supreme court
yesterday were IN support of an appl-
cation made by Mr.. Finlcn to the su
premc court TO issue AN injunction
against Hcinze to absolutely stop him
from mining The Minnie Iicaly mine TIL
the suit has been admdIeated.
The charges are no hing less than that
he has caused his employees In the mine
10 blast down he slopes and close the
ingrcsscs to them in order 20 oblltrratc
the traces Of his mining operations and
conceal the evidences showing how much
ore he has taken from the minr.
Thrse ailtdnvlts wee made by t. j.
McHugh. John GIN =, John NJ. Little,
Phillip Wing ana Willa casey. Nc
Hugh Gilis and Little were employed
as miners by lieinHe IN the Minnie
Iioaly mine. and Wing and cH9ey were
Boston q Montana company Watchmcn
The first thIce tell what they saw and
heard In the Minnie lIealy and The part
they took In the alleged dcsirvction Of
the Slopes and workings OF the nine at
the order Of Heinze
Application FOR the injunction was
made In the supre ene court by Attorney
L. o. Evans yesterday, and the su-
prcme court set the hearing on the ap-
pication for next Tuesday, May 20. At
that time the court VIII hear the cvi-
dence In support of the request for the
Injunction.
Man Who Blasted Slopes.
The affidavit Of McHugh tells "A
startling story OF The blowing np Of
slopes and closing Of drifts In the np-
parent furth ring Of plan 10 prevent
the plaintiff In the sun for the mine
from ever learning how much ore has
been extracted from the latter In case he
Is awarded the property nt the end OF
the acton. NJ Iluga's ani .aYit In part
Is as follows.
"E. j. MeHugh, being duly sworn, on
oath deposes aud says: That he is now,
and for a long time past has been, en-
BHBtI III hjli hlyDht lllf lIIIl'6 VI IPhi''i
as practical miner; that during the
month Of june 1901 afliant was cm-
ployed by John Kane foreman Of the
Minnie licaly mine, 10 20 TO work as a
miner In said mine. and that aiiant, At
the said time, entered the employment
Of #. Augustus Ieinze and the Mon
tana ore Purchasing company AS n
miner at the said Minnie Healy mine,
where anant continued to work untl
on or about the 23d day Of February.
1902 when he left The employment Of
the said parties; aHiant further says
that during the time he was employed
as "A miner In the said Minnie iIealy
mine, he worked upon what ls known as
the 600, 700 and 800 foot levels thereof,
and that he Is familiar with the work.
ings on the said levels.
Heinze Held Consultation.
"That on the night Of the 22d day Of
December, 1901, aniant was engaged In
working on the 7O0-foot level OF the
Minnie Healy mine, that he worked on
what vas known as the Outside Slope,
which Stope was about 400 feet north
westerly from the Minnie Healy shaft,
that on said night the said stope was yis-
tied by II, Augustus IIcihze, John Kane,
II. II. Wilson and a person whom ar
flant Is Informed and believes Is George
II. Robinson; that said parties held a
consultation and afterwards retired, and