The Nome nugget., 1902-02-26
Another Phasa o, the Trouble
 Over No. I9 Ophir.
FILED
Which Charge Bribery ard Force on the Part of the Plaintiff to the Suit Motion to Dismiss, Made by Plain tiff, 10 Come Up Next Saturday.

The trouble that has arisen over No. l9 Ophir tree promises to be iu iy ventilated in lie di,tri 'Ourt. l he case Was before the court Monday morning on d me tion of the lliuttI, the Wild Goose Mining Co.,, to dismiss the suit brought against the delenG- ants, Lena Walton. l.. Fl. F, ench h et al. The motion for dis Lis ali was vi4ur usly opposed hy A. j. Lruper counsel for dctcrdantS, who subu lited an affidavit of Andrew kcleor, who alleged that he Was en,ployed as watohman, ou Feb. :. subsequently, Aerordiug to the san @ affidavit, he alleges that he re ceived from the agents and attorneys of the pla ntiif the sum of 500 anu work at SlO per day, one of the con ditiOrs being that he should be no longer Andrew kty>cr, bu plain Andy Brown. In his a.hdavit Key,er t, Ills how be refused to be brined and held out for some time: how he borrowed d shot gun to defend his trust. but when he was ejeCted he was prevented from reaching hi, weapon. Finally, he says he "olgued a laper' which was pre- seuted 10 him by Attorneys Fink and Daily, the attorneys telling him, he al- lcges, that he would thus avoid trouble; his palm was crossed with goo in good red gold and he went to work as Andy Brown.
 Attorney Biuner also filed okjections to tLe dismissal of the case, claiming thar to dismiss the case under existing circumstances would be illegal, unjust and unconsciona hle:' it is also charged that the rl;rintiif bN its agents and at :urneys who were and are now officers of the coart in violation of d stipulation that neither party to tbe suit should do any ". rl1 on the claim, "illegally and wrons fully entered upon the prem i>es, blibeu the employees aLd induced them to leave"
 In reference to the motion to dismiss Judge N ickersham said:
 |" The court h Is greW doubt about the matter: but the court has no doubt about this: that when property is ia iitl. att n lu is court, the court has the power ant the inclination to pro tect il. l he court has the power and the incliuatio to punish persons who may Wilull! proceed in contempt of the conditions which surround given case in court, if he parties are in con tempt. The court doesn't only have the power and the incliLatIon, but it will do 50. Of course the matter isn't m position where the court can de- teruine what ought to be done. l. would te very unfair for the court to reach any kind of d conclusion in the matter at this time, except upon the mere legal right 0. the plaintiff 10 dis miss, and have very serious doubt about that under the circumstances and c n .itions d, they are presented to [ he court 1 am incliued to allow the motion to let the case stand over until next Satur-ay and hear the testimony which may be offered, and the court will then take such action in the matter as ought to be taken, either with re- gard to the isnissal. or to any other proceeding which may se em to be re- quired by the facts and circumstances in tlle case at that time.
 "The moticn to dismiss at this time will be denied, subject to being deter