The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-15
MINNIE HEALY IS
TO Be TAKEN UP
SECOND TRIAL OF MINING SUIT
TO BEGIN IN JUDGE CLANCY'S
COURT TOMORROW.
RESUME OF THE LITIGATION
Public Is Familiar With Suit Brouaht by
einlen and the First Trial Be-
fore Judge Harney.

the Celebrated Minnie Healy case will
open tomorrow. The nominal parties in
interest are Miles Finlen, plaintiff, and
+. A. Heinze and Others defendants. The
real plaintiff in interest is the Boston &
Montana company, and the defendant in
interest is the United Copper company.
The parties to the case we're preparing
for trial today, and Judge Clancy will be-
gin hearing the case tomorrow morning at
10 o'clock. The case will be tried by Judge
Clancy without jury, the district court,
Judge Harney presiding, having heretofore
held the case to be one in chancery, in
which the parties were not entitled to a
Jury.
The Case.
The case is one in which the public has
taken deep interest, and with whose is
sues the public is fairly familiar.
Finlen sued to recover possession of the
Minnie Healy to which he had deed to
quarter interest and was entitled to
deed for the remainder. He alleged that,
while he was working the mine in 1898,
Heinze and the latter's co-defendants went
into the property and took forcbe pos
session OF 1t, without right or title to the
property.
The defendants answered in the plead
ngs that Finlen had sold his rights to
them, and had agreed to assign the same
in writing, and that he had delivered pos
session OF the property peaceably.
Denied the Sale.
Finlen denied that he had ever sold his
rights to the mine or agreed to sell them,
and gave an interesting history of his
dealings with the United Copper company
people.
His transactions with them took place
IN 1893. At that time he was known as
friend and associate of Marcus Daly.
With the intention OF making it appear
that Marcus DAILY was supporting the
Heinze people in the latter's fights with
the Boston & Montana company in the
courts, John MacGinniss had contract
drawn in which Finlen agreed to sell the
Minnie Healy or his rights to it, to
Heinze and the latters associates and to
bring suit against the Boston & Mon
tana company to recover possession and
title to ore bodies in the Leonard mine
To Close Shaft
The purpose OF the deal which MacGin-
Miss hoped to bring off was to "close down
the Leonard shaft" as Heinze tersely put
his description Of the motive, according to
Finlen.
There was a conference after the draw
ing of the contract, and at it Finlen met
the Heinze people, but refused to sign the
contract. He was OIL the eve of depart
ing for the East, and he left for that Sec
ton OF the country next day, retaining
all his rights in the mine.
He had been working the Minnie HeoIv
under leases and agreements he had Sc
cured from the owners. These owners
were John Devlin. Marion NJ Dcvlin,
Mary L. Reilly and Catherine Kelley. The
three first named people owned a three
quarters interest in the mine and the
latter quarter share.
Granted Finen Lease.
The Devlins and Mary +. Reilly had
granted Finlen lease OF their share and
an agreement to sell to him for $4,000
Mrs. Kelley had done the same with her
share, for which she was to receive
$4,000. Later Finlen deposited the $751;
600 Tor the three-quarters share in the
First National bank, and he paid Mrs.
Kelley $25,ooo for her share and got
deed from her for it,
While Finlen was gone to the East
Heinzc took possession OF the mine, claim
ing that he had an oral agreement from
Finen, for the sale of the Finlen leases
and agreements to purchase to him, and
for the written assignment of the same
by Finlen at some future date.
lie claimed that, according to the agree
ment with Finicn thus declared lie was TO
pay the latter $4,000, half of the money
to be paid in one year and the other half
in two years.
Hcinzc also got deed from the three
first named owners of the three-quarters
share, but that conveyance was for five
eighths OF the property only. He alleged
that the deed from Mrs. Kelley to Finlen
was not good, because she had parted
with her right to make deeds of her share
to Finlcn, and Finlen had conveyed the
rights to him.
Finlen Brought Suit
Finlen brought the suit to recover the
property on the ground that it was his,
after he had fulfilled his contract to buy
from the owners, and alleged that Heinze
and the other defendants had no rights
in 1t or claim to it at all. Later, the
Boston Montana company became the
owner OF the mine through purchase from
him.
At the trial. as showing that he owned
the mine, Fnlen testified that he paid the
expenses of running it for months after
the conference at which the defendants
alleged he agreed to sell it.
The first trial of the case was held
before Judge Harvey something over two
years ago, and everybody is familiar with
the fact that the mine was given to Helnze
by Judge Harvey
Everybody is also familiar with the
fact that the supreme court reversed the
decision and remanded the case for a re-
trial, and gave as reason for the re-
versal the conduct of the trial judge
during the hearing of the case. The
scandal that developed around Judge
Harncv and Mrc RracLatt 10 4oa