The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-10-22
Gives Mine to Heinze and
Signs the Decree in
the Case at Once.
SUSTA|NS FINDINGS
Refuses to Stay Execution
and the Plaintiff Will
Take an Appeal.

Judge Clancy gave the Minnie Healy
mine to Heinze today, rendering his de-
cison in the case, involving title to the
property tried before him, in favor Of the
latter. The decision was handed down i'll
accordance with an announcement hereto
fore made by Judge Clancy setting today
for the purpose.
An unusual fact in connection with the
decision is that Judge McHatten, repre-
senting the Heinze interests, last night,
many hours before the decision was rem
dered, served on the opposing counsel
the representatives of the Boston K Mon
tana his judgment and decree.
This is something unprecedented in liti-
CATION. Of course he qualified his service
of these documents by note, saying that
these were the judgment and decree which
he would ask should the decision of the
court be in his favor, nevertheless the
thing was most unusual.
The same crowd which listened to Judge
Clancy issue his decree in the MacGinniss-
Boston & Montana receivership and injunc-
ton case this morning was present in court
when he reached the Minnie Healy ju1g
ment.
The delivering of the judgment in the
Minnie Healy case did not hold the spec
tators, however, like the other case had
done, and a good many of them went away
before Judge Clancy began to read the
findings of fact and conclusions OF law, in
which he handed the mine to the head Of
the United Copper company, and before
they knew from the courts lips what the
judgment was.
In this case the nominal plaintiff is
Miles Finen and the defendant +. A.
Heinze, and when Judge Clancy reached
the case he said
"In case 1880, entitled Minnie -
Miles Finlen. against +. A. Heinze and
others, the findings of fact and conclusions
OF law are as follows"
Then the court proceeded to read his de-
cision, which filled 90 close spaced, type
written pages of legal cap.
In his findings the court took the view
that every contention of Hcinze's as TO the
transactions Of the parties over the mine
and its sale was correct, and in his con-
clusions of Law he DEGREES. that Heinze
shall have perfect title to the property
upon the payment of $4,000 to the plain
tiff and $4,000 for the fractional interest
of Catherine V. Kelley in the mine, and
says that the plaintiff shall be forever
estopped from asserting title to the prop
erty.
Decree Signed.
The court not only rendered judgment
in the suit, but signed the decree, which
was at once presented to him by Heinzes
attorney, Judge McHatten, against the
strenuous opposition of Attorney John +.
Forbis, who represented the plaintiff in
court this morning
The court was asked to stay the execu-
tion of the judgment, Mr.. Forbis basing
the request upon the ground that the
plaintiff desired time to appeal, and
thought that execution should not be
issued till that was DONE
Judge McHatten opposed the stay, and
his opposition prevailed, but he said that
Heinze would not get out an execution till
the decree became final, upon which state
ment the court made his ruling.
When the court had finished reading the
very volumnous judgment, he said:
Now the findings in the case offered
by the plaintiff will be denied, and each
and all of them marked denied"
Forbis' Exception.
81 wish to ask for an exception to each
and every finding of fact and each and
every conclusion of law" said Mr. Forbis.
"And III ask the court to stay the execu-
tion of the decree till an appeal can be
taken. The defendant is in possession of
the property, and cannot see any reason
why that should not be done, as it will
not affect the rights OF the defendant"
Judge McHatten asked that the motion
for the stay be denied, saying i,e had had
trouble in Judge Harney's court over the
same matter.
II haven't asked the court to stay the |
entry of the decree, but to stay the execu-
ton of it, and there seems no reason why |