The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-12
Decides Officers of the
B. & M. Are Guilty
of Contempt.
TWO ARE FINED $500
Moulthrop and Adams to
Pay-Company Also
Is Fined $500.

Judge Clancy found the Boston & Mon
tana company, and ]. c. Adams and George
Moulthrop guilty of contempt of court this
afternoon. The decision was in the case
in which the Boston & Montana company
and its officers were charged with mining
ore veins which were alleged to be the
property of the Montana Ore Purchasing
company.
The charge, so far as II concerned B. II.
Dunshee, assistant general superintendent
of the b. 4 M. properties, was dismissed.
c. w. Goodale, general manager, who was
one of the defendants, was not present in
court and Judge Clancy did not render
judgment in his case.
Defense Took Exceptions.
In each instance the defense took an ex-
ception to the ruling of the court and the
matter will at once be taken to the SUI
preme court.
The contention of the Montana Ore Pur-
chasing company was that the Johnstown
discovery vein the limits OF which were de-
fined in the original Pennsylvania case by
Judge Clancy, extended like blanket over
veins numbered 3, and 10 Of the Pennsyl-
vana workings and included them.
The Boston & Montana company offered
models OF the mine in evidence, in which
it was shown that the veins in question
we're not only distinct from any veins
owned by the Montana Ore Purchasing
company but distinct from each other.
Throughout I6 days the trial occupied the
attention of the court. Expert witnesses
for the Boston & Montana company testi-
fed positively that there was no connec-
va
and the Johnstown vein and that there
could have been no trespass.
Decision Date Set.
Judge Clancy announced early in the
week, when the arguments were finished,
that he would render judgment this morn
ing. When court opened he stated that
he would continue the matter until 2
o'clock this afternoon in order that the de-
PENDANTS could be present.
General Manager c. w. Goodale was in
Great Falls and was at once notified. He
at once started for Butte.
This afternoon b. II. Dunshce, ]. c.
Adams and George Moulthrop were in
court Judge Clancy asked Mr. Dunshee
to step forward.
"Your attorney, Mr. Forbis asked you," !"
said the court, "if, under the decree of the
court as you understood it, you consid-
cred these veins any part of the Johnsiown
vein, and you replied that you did not,
that the veins did not belong to them
at all.
"Your testimony also showed that you
had not been actually directing the work
in the mine, but that you had simply con-
suited with the general manager. You
are hereby acquitted Of the charge Of
contempt
Fined $500.
In addressing George Moulthrop Judge
Clancy said: ~ think you have been
over the line little and have disobeyed
the order of this court. | shall not send
you to Jail. / thought at first | should,
but have decided not to. You are fined
5000 for contempt. You needn't plunk
down the cash right now ; you may want
to take an appeal, and l will give you a
chance"
at seems that you also were over the
line in these premises said the court to
]. c. Adams, "and shall fine you 5000.
The Boston & Montana is also found
guilty and is fined 5000. We shall have
to put that fine on one of its officers, |
guess, as it is the only way we can get
at these corporations
ParoIed Until Monday.
"These defendants will be paroed until
Monday morning. | suppose you will
want to take an appeal"
Attorney ]. M. Denny, representing the
Montana Ore Purchasing company then
asked the court that formal order embody-
ing the findings OF the court be filed and
that his company be granted continual
order of inspection and survey 1--WE
want to be able to go in there at any
time" said Mr.. Denny, "to see that the
order of this court is being obeyed."
mo, | won't do that at ALL" replied the
court. IF you want an order of survey
that is different matter. This is criin-
inal proceeding and has been treated as
such by both sides. If you want to in
spect those workings, that is something
else"
Not Necessary.
Attorney Mediation seconded the request
of Attorney Denny, but Judge Clancy said
such a course wasn't necessary, and di-
rccted the clerk to enter the judgment the
same as in any other misdemeanor case
1--WE will continue the matter until Io
o'clock Monday morning" the judge
added. "At that time please have Mr.
Goodale here. | want to give you folks
chance to appeal"
Arguments on amendments proposed to
the bill of exceptions in the case OF Ed
ward Hickey and others against the Ana
conda company in what is known as the
Nipper case we're heard by the court after
the contempt matter had been disposed of.
About 60 of the amendments to the bill of
exceptions were accepted by Attorney
Kelley, for the Anaconda company, and
arguments were being made on those to
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