Newspaper Page Text
VOL. I, No. 4. GREAT FALLS, MONTANA TERRITORY, THURSDAY MORNING, OCTOBER 25. 1888. PRICE 5 CENTS.
How He Pleads the Cause
of the Orphan and
One of His "Legitimate
Schemes" a $100,
Which the Law Made
Like a thunderbolt out of a clear sky
fell yesterday's Helena Record upon the
placid minds of her citizens, who, at
their matutinal meal, were struck as
with terror dumb at the disclosure
of the dastardly fraud perpetrated by
Wm. A. Clark upon Mrs. Nannie H.
Jones, widow of John H. Rogers, de
ceased, whereby he wronged
her to the amount of over $100,000, which,
after a fair and, full trial he was
compelled to disgorge. And this man is
the democratic candidate for delegate to
congress from Montana Territory.
It must be understood that Granville
Stuart was in no sense connected with
the fraud or robbery of the widow. Let
the voters rise in their might and rebuke
the monster who by his own bad faith,
has courted and deserved this scathing
expose of his perfidy; while his trem
bling henchmen hunt their nest-hiding
lairs and with white lips to easeh other
whisper, the foe--they come! they
Territory of Montana, Deer Lodge
county-Second judicial district court.
Richard S. Jones and Nannie H. Jones
plaintiff, vs. Wm. A. Clark and Samuel
E. Larabie, defendants.
The plaintiffs Nannie H. Jones and
Richard S. Jones complain of the de
fendants William A. Clark and Samuel
. Larable, for that the said plalntiff
annie H. Jones is the wife of said plain
if Richard S. Jones, having heretofore
o-wit: in the year 1877 married him the
id Richard S. Jones, and for that there.
re to-wit: on the 28th day of July, A.
.1874, at the county of Deer Lodge,she,
e said Nannie H. Jones, was the wife
f one John H. Rogers who then and
ere died, and was at the time of his
id death seized in fee simple of [here
flows a description of the property] and
at by virtue of the law of said covert
res with him the said John H. Rogers
d his said decease, she the said Nannie
. Jones, then 1lannie H. Rogers, be
WAS ENTITLED TO DOWER
and to the said premises and each and
very part and portion thereof, and from
e time of the decease as aforesaid down
the time of the making of the convey.
ce by deed hereinafter more particu
rly set forth and described, she the said
annie H.Jones was seized and possessed
her dower therein of the undivided
e-third of said property and premises. I
d the plaintiffs further say that on the I
d day of June, A. D. 1877, upon an or
r of the probate court duly made and I
yen upon proper proceedings therein, t
eretofore instituted and had, the inter
of the said John H. Rogers was sold I
public auction to the highest bidder
cash by the administrator of the es
e of the said John H.Rogers, deceased,
t such sale was subject to the right of
said Nannie H. Jones to dower in t
to the said premises which was ex
esly recognized and reservek and ex
ted out of the said sale. t
nd the said plaintiffs do further al- a
e that heretofore, to-wit, on the 25th I
of October, 1877, the said Nannie H. I
NANNIE H. ROGER, WIDOW,.
e and executed to the defendents
lliam A. Clark and Samuel E. Larabie,
eed of quit claim and conveyance, and
n and there delivered the same to
m, whereby in form she conveyed to
im, the said William A. Clark and
Duel E. Larabie,defendants, her dower
resaid, and each and every part and
eel thereof, for the consideration, and
on the payment by them of two hun
d and fifty dollars, to the said plain
Nannie H. Jones, which said sum of
ney these plaintiffs here and now of
to return to him the said William A.
rk upon the cancelation by a decree
his court of the said deed, or upon
conveyance by the said defendants to
the said Nannie H. Jones, of the in
st so by her conveyed, and quit
nled by her said deed to them the
nd the said plaintiffs allege that the
ue of the interest of the said plaintiff
uie H. Jones in and to the said prem
was at and before the execution by
of the said deed to them the said
liam A. Clark and Samuel E. Larabie,
yet is greatly in excess of the said
so by them paid as the consideration
efore, and the said deed so made,ex
ted and delivered by her the said
Iue I. Jones (then Nannie H. Rog.
to them the said William A. Clark
Samuel E: Larabie, was obtained and
urred from the said Nannie H. Jones
[, FAUD, DECEIT AND FALSE REPRESENTA
of them the said William A. Clark and
Samuel E. Larable, and the collusion by
lSe them with diverse and sundry parties
and persons so to procure the same, and
was and is as against the right of the
said Nannie H. Jones null and void.
The plaintiffs further say at the time
of and prior to the sale of the interest in
smid premises of the said John H. Rogers,
ate deceased, one Geo. W. Irvin was the ad.
ministrator of the estate of him the said
John H. Rogers, deceased, and conducted
said sale, and was also in and about the
management, negotiation for sale and
control of said premises, the agent for
this plaintiff, Nannie H. Jones, and so
continued to be such agent, down to and
Including the time of the executing of
said deed, and that the said Nannie H.
Jones was ignorant of the value of her
said interest in the said premises, and
had no other means of ascertaining the
value thereof except what she could learn
from her said agent,and what it,or undivid
ed interests in it, would bring in the open
sky market at public sale when it or Interests
the in it should be offered for sale and sold
at at fair and free public sales, and that the
as said Nannie H. Jones relied upon such
are bids so made and such information from
by her said agent as she could obtain as to
de- VALUE OF SAID PREMISES,
ed which facts were well known to the said
ch, defendant. And the plaintiffs further
was say that the said sale of an undivided in
is terest in said premises belonging to the
to estate of said John H. Rogers, conducted
Iry.as aforesaid by the administrator afore
lle said, George W. Irvin, purported to be a
Ith fair and free sale thereof, after due ad.
Let vertisement for cash in open market and
ike so appeared to be and was then by her
h, the said Nannie H. Jones believed to be
ng such fair sale as would enable the said
n- estate to realize its full market value
ng after such competitive bidding thereon
er as to the value of said premises would
ey ordinarily incite, and that at such sale
the said interests of the estate of him the
said John H. Rogers was sold to the said
ge defendants William A. Clark and Samuel
E. Larabie, they being the highest bid
ies ders therefor.
el DECEIVING THE WIDOW.
ad And the plaintiffs further allege that
ie- shortly after said administrator's sale
ael and before the execution by her the said l
Nannie H. Joned of the deed of her
interest in said premises to said de
fendants, the said defendants made
he application to the said Nannie H.
Jones to purchase of her, her said
A. interest insaid premises, being herdower I
therein, and then and there stated to her
fe that they were the owners and possessors
od f all other interests therein, and for c
is that reason desired to purchase her said i
re interest and were willing to pay to her ii
d therefor more than it was worth and t
more than it would bring in the open ti
r market if it were then offered for sale, C
ie and to induce the said Nannie H. Jones l
to sell her said interest at less than itwas s
worth and for $250 stated to her that v
$250 was more than the value of the in- I
terest of her the said Nannie H. Jones in ti
and to the said property and fraudulently a
conceal the true value thereof and en- t1
m tered into a conspiracy to make immedi- e
ate payment of $250 and precipitat 8
sale as hereafter set forth and described. 8
THEY LIE TO HER. n
d And the said plaintiffs further say at
a. that at and before the time of the mak- S'
e ing said statements and representations, 0
r- and at and before the time of the execu- 0
d tion and delivery of the said deed by her ti
a, the said Nannie H. Jones, the said de- of
r- fendants were tenants in common in said
Id premises with her the said Nannie H. P
'r Jones and were then exclusively working e
s- the same, and were familiar with its e
, value and that the said Nannie H. Jones P1
r was not familiar with nor did she know t
.n the value thereof, and in response to the ee
. application of the said defendants to pur
. chase as aforesaid she stated to them 01
that the said George W. Irvin, who had to
. sold an interest in said property as ad- at
h ministrator as aforesaid was the manag
1. ing agent of her the said Nannie H. Jones,
and that she would not sell the same up- hi
on any knowledge which she had or o
might obtain of the value of said prem- h,
Sises, but only upon the advice and ap- n,
d proval of her said agent, George W. ,
0 Irvin. Whereupon the said defendants le
to obtain the said deed from the said
Nannie H. Jones, did falsely cause it to
be represented to her the said Nannie
H. Jones among other things that the
said George W. Irvin had advised the
sale of the said interest of her the said
Nannie H. Jones, to the said William A.
Clark and Samuel E. Larabie for the said
sum of two hundred and fifty dollars,
and approved of such sale at said price,
and that he the said George W. Irvin,
had written a letter stating as aforesaid
his advice and approval thereof, for the
information of the said Nannie H.
Upon this statement as to the advice
and approval of her said agent she relied
and then and there believed the same,
and that in the judgment of her said
agent the said (the last named) sum was
the just and full value thereof; and did
also believe the further fact that in the
open market at a full and fair sale with
competitive bidding, the interest of the
said estate in the said premises was at
the time it was sold worth no more than
two hundred dollars, which said repre
sentations as to the advice and approval
of the said sale by him the said George
W. Irvin, at the price aforesaid, and the
- n·a uL a i awer so mUIsng, andi a to
sale of the said interest of the estte of
md the said John H. Rogers, at public auc
by tion in a full, fair, free and open market
les with competitive bidding therefor for
ad two hundred dollars, and as to the value
the thereof were
WHOLLY FRADDULENT AND FALSE,
in and were so known to be at the time
m, they were so made by him, the said de
1. fendant; but the said Nanniae H. Jones,
id relying upon their truth and believing
them to be true, was thereby induced to
he make and deliver, and did make and de
ad liver the deed aforementioned to them
for the said defendants, for the considera
so tion of two hundred and fiftydollars.
ad And the plaintiffs further allege that
of as to the said sale of said interest of said
H. estate at auction, the said defendants
mer combining and Intending to prevent
ad competitive bidding therefor, and to de
he predate the market value of the interest
rn which the said Nannie H. Jones then re
d- tained therein, and to induce her to sell
en the same for less than its true value, did
combine and conspire together and with
id others to prevent the said property from
he bringingits full or market value, and to
ch prevent the said sale from being free, fair
r and open, and in pursuance of such com
to bination and conspiracy had given and did
give a large sum of money, to-wit: The
sum of two hundred dollars.
Id To ONE ORANVInLL STUART
er in consideration that he would, refrain I
he from bidding on said Interest of said es-;
tate therein at said sale, which said I
Stuart did receive and did refrain from I
abidding pursuant to his agreement there- 1
on for said consideration so paid, al.
id though he had to the time of such pay
sr ment to him of said money designed to
bid on the same a much larger sum. I
Id And the plaintiffs say that notwith- I
[e standing the said deed so given by her,
the said Nannie H. Jones for the fraud
aforesaid is void and of no effect, it is
le nevertheless a cloud upon her said title,
ie ai.d that by reason thereof the legal title
ld appears vested in the said defendants;
el and that by reason thereof they are in
- the exclusive possession of the said prem
ises and property, and from the time of
the delivery of said deed that the said
defendants have been in the possession a
at of said property to the exclusion of these
e plaintiffs, and have been engaged in ex- a
d tracting large quantities of silver and t
r other precious metals of great value to- a
wit, of the value, as plaintiffs are in- 14
e formed and believe, of
[. ONE HUNDRED THOUSAND DOLLARB
i and more therefrom, and are yet enigaged
r in mining therefrom said precious metals -
r and threaten to continue so to do.
s And plaintiffs say by reason of the
r conveyance to the said defendants by the C
I plaintiff, Nannie H. Jones, of her said
r interest in said premises, which was prior
1 to the issuance of a patent therefor by
the United States, the said William A.
Clark was enabled to and did apply for a >L
s patent from the United States for the
a said premises in his own name and after- is
t wards, to-wit, on the fifth day of Novem
ber, A. D. 1878, did receive a patent 1
i therefore, by which the said premises e
were conveyed to him under the descrip- M
- tion following, that is to say being min- 8
eral entry number 401, and being lot No. a
t 89, in, and embracing a part of, township
.8 north, of range 8 west of the principal
meridian and containing 2and 6-100 acres
and described by metes and bounds in de
said patent, which is recorded in Book P at
of deeds, on page 227, et seq. of the rec
ords of Deer Lodge county, Montana, in
the county clerk and record's office of
said county. A
And the plaintiffs further say that the
plaintiff, Richard S. Jones, has an inter
est as tenant by courtesy in and to the
said premises and property, and that the
plaintiffs are entitled to the possession of -
the undivided one-third of the said prop.
erty so owned by him the said John H.
Rogers at the time of his decease and to
one-third of the proceeds of the ores
taken out of the same by the said defend
ants and to an accounting thereof.
SHE LEARNS OF THE FRAUD.
And the plaintiffs further allege that
heretofore to-wit: On the 29th day of
October, 1877, the said Nannie H. Jones
having learned that her said agent had
not advised or consented to said sale nor
written the said pretended and alleged
letter so advising and consenting thereto,
but that the said representations were
false and fraudulent, did then and there
rescind the said deed and did then and
there cause the said purchase price of
said interest to-wit: the sum of two
hundred and fifty dollars to be tendered
back to them, the said defendants, and
request that they re-convey the said
premises back to the plaintiff Nannie H.
Jones then being Nannie H. Rogers or
that he re-deliver the same as fraudulent
and void, and that they yield the posses
sion of said interest to the said plaintiff,
but the said defendant did not and would
not receive said money and would not re
convey said premises so fraudulently pro
cured from said Nannie H. Jones, back
to her the said Nannie H. Jones, nor yield
the possession thereof to her the said
Nannie H. Jones.
And as to the said fraud so by them
the said defendants perpetrated upon the
said Nannie H. Jones, in depressing the
market value of the said premises by
combination and purchase of bidders,
and by fraudulent interference as afore
said, and by conspiring as aforesaid to
pay the said Granville Stuart the moneys
aforesaid, whereby the market value of
interests in said premises were fraudu
lently depressed, these plaintiffs say the
said Naonie H, Jones did not know of.
nor ascertain the existance of said fraud
ulent acts until April 88, 1879.
WHAT"WAS ASBED OR:.
Wherefore the plaintiffs pray judg
First: That the said" eed from the
said Nannie H.Jones by her then name
of Nannie H. Rogers conteying her in
terest In said premises t, said Willm
A. Clark and Samuel R.i r bie, and ob
tained by fraud, be d to be null
and void, and that her ul4 dower inter
est in the said premises be decreed to
her, being the one-third tljereof, and that
she be let unto possessica ~ereof.
Second: That an accoUtng be had of
the ores and precious mitals extracted
from said premises, and that said defend
as be decreed to pay to these plaintiffs
their proper share thereof.
Third: That pending this action a re
ceiver be appointed to take charge of the
maid premises and to have and hold the
plaintiffs' share of the proceeds.
Fourth: That the plaintiffs have such
other and further relief as mnay be agree
able to equity, and a judgment for their
[Signed] E. W. & J. .L TOOLE,
BAxnEas & CmLLNa,
Attorneys for Plaintiffs.
The plaintiffs, Nannie ZI. Jones and
Richard S. Jones, being du.y aworn, each
for himself and not one for the other,
on their several and corporal oaths, do
depose and say that the facts stated in
the foregoing complaint are true of the
plaintiffs' own knowledge,' except those
therein stated on informatlon and belief,
and as to those facts they believe them to
be true, and further say not.
[Signed] NAxIER H. JONES.
[Signed] RIcuRAn S. JoNEs.
Subscribed in my presence by Richard
3. Jones and Nannie H. Jones, and sworn
o by them before me this' 20th day of I
[Notarial Seal.] IBSAAC I. LE\WIs,
Notary Public, Montana.
Endorsed: Filed April 28, 1879.
GEo. W. IRVIN, II, Clerk.
Up to the Times.
We would respectfully inform those
who are not conversant with the fact,
hat the LEADER'S circulation is greatly
ugmentedanddaily increasing. Shrewed
iusiness men will understand that for
n advertising medium the LEADER is r
he leader of the van. Its columns are at
11 times ready to receive the business -
cal or the conspicious ad. In this con
ection these lines are wont to recur:
If you want to be healthy, Wealthy and
rise, write out your ad., and'rdvertise"-'
I the LEADER.; p
Chicago, Burlintgon & Northern
R. R. Time Table:
Leaves Great Falls 4.:35 p. m. via. St. P., M. & M.
Ry. Arrives at St. Paul 7a,. i.
0...... Lv. St. Paul.............. 730 pm
116...... Ar. Winona.. ................. 11:15 ipm
13..... LaCrosse ...... ....... 12.l1 am
191........ " Prdn Chien .......... 1:49 am
........ Dubuque .................. 3 8 am
276........ Galena ................... 4:. am
........ Savanna.......Sn .......... . 4.0 am
38........ " Oregon................... 6:10 am
481........ " Chicao.................. 9D~0 am
48........ Peoria. . .................. 60 pm
70........ t. Louis................. 6:pm
Peerless Dining Cars and Pullman Sleepers on
all through trains. No change of cars to Chicago
or St. Louis. For tickets, sleeping car accommo
dations, Local time tables and other Information,
Freight & Passenger Agt., Great Falls,
Or Address W. J. C. KENYON, Gen. Passenger
Agt. C. 3. & N. Ry., St. Paul, Minn.
Seo the 6reat Assortment of
C. P. Thomson's
Reliable Dry Goods House.
C mplete Every department. Agents for th
H AHN & WALTERS,
GOLD BLOCS, HILENA, MONTANA.
First National Bank
OF GREAT FALLS.
Authorized Capital, - 81.000,000
Paid-Up Capital, - 100,000,
T. E. COlLIN - - President
JOHN LEPLEY - - Vice-President
L. G. PHELPS Cashier
A. E. DICKERMAN - Ass't Cashies
C. A. 1RO MARTIN MAGINNIS,
PARIS GIBSON, IRA MYERS,
ROBERT VAUGHN, II. 0. CIIOWEN,
J. T. ARMINGTON.
A general banking business transa
Exchange drawn on the principal olnts in the
States and Europe.
Prompt attention given to collections.
Interest allowed on time deposits.
Next Door to Lapeyere's Drug Store, are the
Ei=tev and Camp
PIANOS AND ORGANS.
Parties Desiring to Buy or Rent a Piano or Organ
Should Leave Orders with them.
as they are
Igents for Montana Territory.
Stationery, Cigars, and
(C. 1V. (O1l(_)1 .
Mover of Light
Irders promptly attended to. Prices reasona sble.
JOHIN P. I)YAS,
INSURANCE, REAL ES'I'TAT'I'E,
AUCTION and Commission, Lumber, Shingles,
and General Agenlt.
OFFICE-Betweell Central and First Avenue
North, on Second Street.
U. G. CAMPBIELL,
P AR'TICULAR ATTEN'I'ION
TO CIIRIONIC DISEA.IMEM,
OFFICE-Harris Building. corner 7th Avenue
South luand 5th Street.
A. F. LONGEWAY,
COUNTY PHYSICIAN AND
GREAT FALLS, Montana. Late House Surgeon
to the Montreal Western Hoslital and Attendilg
Physlelan to the Montreal Dispensary.
II. P. KOLFE,
A TT'I"I'ORNEY AT LAW.
In the higher Courts. Speeil alttentlon given to
OFFICE -- - -- Mnllinot Block.
WILLIAM E. KEIIN.
Of all Classes-Ralches, Ditches. etc. Draught
l, and Blue Copying. Cellars Measured.
OFFICE - - - Over Churchill & Webster's.
F. M. MORGAN,
A RCHIT'ECT SUrI:IINTEND
PLANS, Spectillentiols land Estimates givenl at
OFFICE - - - - Next door to Post Office.
H. L. HIUL L,
C.ONTRACTOR & BUILI)ER:
S IIO()IE-t.-AIINNi & IOVINIG,
All kinld; o Jobbilng dlolle ironllmly.
SHOP-On Thirdl street. bIstween Ssconld and
Third Avenlue South.
It. A. TAIT.
- EN'I'IST: GItEATr F.tLL..s. .. T.''.
Over Churchill & Webster's Store.
J. K. KAItSKADD)ON,
S ALL KINID OF WO5Klt
Carefully attended to.
OFFICE-. Luthern Block, near the Post Office
on First street.
Dlt. E. C'RUTCHEIt,
URGERIIY ANI) DISEASES
SIUREON for Monltana Central Railroad, Great
OFFICE--Canary's Building, Central Avenue.
SANDERS. CULLEN & SANDERS.
A TTORNEYS AND COUNSELORS AT
Main St., Helena, M. T.
lELEJf. JUUISINEiS COULLEGE
NORMAL TRAINING SCFOOL.
An IAntittien Endorsed by the Helena Board of Trade aid More than 250 Leading
Bnsliams and Professional Mea of Hele,. als Sores of Per
sonal Testimonials from all oer the Territory.
228 Students in Attendance Last Year; 30 Graduates!
Courses of Study:
Business Course. Normal Course.
Single and double entry bookkeeping taught
throug pra e. aw, pen- Specaclasses drinj fall and winter in all
p and corrpondence, arithmetic, prctl- cmnon school stuldýe-arithmetic, English
c grammar, et matr ad..nl.si, g phy U. . hltory.
Shorthalnd Conurse. Plhrslolmrg, elocution, and orthograpUhy. h
Three atanda ytems of phono hap Special drlll in penmanship and letter writin.
tofht. Lessons giee on Remington. 'u=slpo Cla ses In Latin, Greek, German and French.
d typewriting machns.Short- also advan.M d mathematics . orthoste preparing
hand taught by mallu ortcolege.
OrIamennal enmsOhlpt erarOlA drawle of all All classes In charge of experienced professors.
rpaons, arohlte l aed mehaenldc c draw. The latest and bet methods used in teaching
g a, branches. Rates of tuition moderate..
Evening classes from October to April in Shorthand Ty. ewrltin. Pennanship and Boo.kee pI
Send tor Illustrated cronlar and photogr dfrleneprtt or college. Address all l
H. T, Englehorn, Pres., Helena, M. T.
Barnes & Collett,
Real Estate, Insurance Agts. & .ining Brokers
PROPRIETORS OF THE
To the City of Great Falls.
Omee on Central Avenue. Correspondence Solleited.
T. R. MAYO,
Expert Tonsorial Artist, i the Parlk otel.
'The Best Appointed Bath Rooms in the City.
The Shoe Man,
hlas ,),1e t., his .:n .ly Elllip eI , I
SBoot and Shoe Establishment
In the In hler Mocek on .ieeou 1, ur~r
I 11 'i ,nOol i ,r.It .1.v ..'I. Olltll
An Inl thalr stible anil Halln Iomle Variely of
BOOT:. ATD _ SHOES
CARRIED IN STOCK.
_A/l. ii (1)O ders tilled Carefitll -litdt
..VDRE ' JE.SE.N.
tUNDER NEW MANAGEMENT.)
Single double Turnout
Every/ Convenience Furn'islhed that the Travel ing
Public may de((sire.
SADDLE HORSES SPECIAL
THE PATRONAGE OF THE PUBLIC SI RESPECTFULLY SOLICITED.
PAUL 4~ FLETCHER, JPopr'ietors.
W. B. RALEIGH, F. H. MEYER, J.. W. BELLIS,
W. B. RALEIGH & C(.,
For Fine Dress Silks,
[mported and Domestic Dress Goods, Carpets,
Curtain Material, Flannels, Blankets,
Comforts, Ladies' Scarlet Knit,
Saxony and Silk Under
WIen's Knitted and California Underwear, Ladies'
and Children's Shoes.
L11 of these goond are now represented in endless variety and will le sold
At Remarkably Low Prices.
1Oive us a call and get prices. .Mail orders receive prompt attention.,,
W. B. Raleilgh & Conmpany.
RNTRAL AVENs, ( REAT FALLS. MONTANA.