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FEW ARE WILLING
TO SERVE ON JURY VENIRE SUMMONS IN LENNOX CASE DRAWS MOB OF MEN WHO DO NOT WANT TO SERVE. ORIGINAL EXCUSES ARE OFFERED TO HIS HONOR Son Respectfully Asked That His Father Be Excused, Owing to the Fact That He Had Been Dead-Miner Could Not Understand Big Words, and a Third Man Was Not a Taxpayer. \'lVhn Jludge McClernan tork his s.at on the bench this morning Ipreptaratory ito eIntrilig upon the Lennox Imirdter trial, he facted a court roii tilled to stanirlding roi im. 'I hoir iin atti'llen rllce compiosedl the venire of -oo sununonedll(' as Iurors in the cas;e. After the namos were called and the judge had read the si ction of the statuttet Rs tting firth the qi i .alitications :ritl tx e.ptioiiuns for jury sirt ice, there came a ludicrous' sic tei, 'I ie court hadl glone througli the lusua;ll rmula ll; nd thn 11(1 li floutnle that ally of th' ttnire men who believed they wre .r' tit ld tio eXCeltioii from juiry service. cuhil s.1p forth and state their ixc sll s. 'To the surpri-c of the court :iiand the anm.slminlt of the spectatotrs, it seemedl as if half if the venret mnn arose. 'there was a ru-h to the bI nchth id the inner space reser-o'd for attorne3ys and par ticipants ill courit icsiineiss wIas instantly filled. Mob Rushed His Honor. "hlere!" xcl;iimriil thei judge as hIe sulr vt yrl thei struggling mass hearing down on hiii. "Y'u I mcI cime ii io at ia titme. I cau I't attend to you :ill at o ctter." A linet wuais formed which extended back (to the en utr;ince to the court rooiii, and Si lllmte 41i f th l e stnllllllllnnd were excitr,(id oil the manliI y an1d1 varied grouttlllis which the i.tr apptlicantts were able to put forth in a s.tlit fai tery lmanner. Snio l, of Ithe exs .es w · .re aullsing rand interestiig. In one instiane a son arose to ;ask thu:t his father hie e'xc sed lie. causehl hie .llppniil to rei drhm, although the sllhrilf' retllrn showed that the stml Iiitions hail . n b iservCed. Another, a well kiniawtl mineir, stated that hei ciarl miderstamnd I'glish, but that he wotd hl ie at sea if "they" used big worrds. "You~'re all right, lutigh. r;o sit down." smiled the court. "If they get to using big two rds we'll stop) them." "I've sonhl all mty real estate." s.;d nsoltlhr man, "so I'i not a taxpayer." Was Not a Taxpayer. "\\ell you pay a persotnal tax," said the judge. "'' 's." "''lhat's sufrticien. (;n it down." "Onet mlan said the wotnitd lone his job if he served onil this jury, as he had secured furloughs Ibefore without being tsunlltlluted and the "boss" was getting next to him. tli was excused. At iI o'clock the work of selccting theI jury frim the planel was begun. It was thought that this atfternoon tihe attorlneys wutuld Ie table to a;grete tIlpol jury, in which event the taking of evidence will ie betgtun tomorrow ilmorning. SEES NO REASONS FOR HIM TO, TAKE A HAND County Attorney Understands That Box ing Matches Are Being Conducted Within the Limit of the Law. ('unty) Attorney fIreen was asked this miorniiig what the attitude of the county unthoriits was at present regarding the pugilistic contests which have been held in the opera house lately. lie replied that he had heard no talk about them to speak of ;ian that tie conlty authori ties hald perimitdI thei to pass on the groutid that thely woulld ihe carried out as loxiiig nlatrchs, suchl as are pler itted by law. "The city does not seemI disturbed atbout them," Mr. Itreen said. "I do tint hear any talk abotut supplressing them. I was tl by the mianagers that they would lie conducted as boxing matches, such as the law pernits, but I see by last nighti's match that they go ahead knoc kinig each tother out just the sanie.. "They liave used the opera house on the plea that they coull not find any roomlis or clullliouse to accitlniodate all their friends. I have not seen any of theml mnyself." Fronm the county attorney's expressions, it was uinderstood that there had lin Si no demand for the stopping of the mi:atcheh, and that he had been given assurances at the start ithat the boxing should lie so conducted that the law would not be vio lated. "I am told that the one last night will finish the series." he added. "The man agers will not pull off any more, they tell tile." FILE CHARGES AGAINST AN ALLEGED ACCESSORY Eugene Remark to Be Given Hearing in Justice Court-Believed He Had Part in Killing of Baggs. tCounty Attorney Breen today began the prosecution of Eugene Remiark as an accessory of James Cusick in the alleged murder of 'lhontas lBaggs on June 23d of tlhis year. Remark, who is also known as Eugene Tltracey, has been in jail for about a week awaiting the filing of a charge against hitml. lie was brought back to Butte from South Dakota by Sheriff Furey at the instance of Mr. Breen. He has engaged in his behlalf Judge Wines, who will con duct his case. Mr. Breen has received informtation to the effect that Remark told some per sons that lie was with Cusick when the latter went away for a gun after his fight with Baggs or returned with Cusick whetn he had procured the weapon, and that he knew all about the killing. The city detective has the names of these people and they will be used at the preliminary examination,. RESIGNS TO TAKE POSITION IN EAST GENERAL MANAGER KLEPETKO OF BOSTON & MONTANA WILL GO TO NEW YORK. WILL HAVE CHARGE OF SOUTH AMERICAIN MINES Consulting Engineer in Copper and Smelting Interests of James B. Haggin Claims Is Position Offered - South African Mines in Peru Are Said to Qe Very Rich-Leaves About August 1 lr;ank Klepelko has resigned his posi tion as general man;iager of the Iltston & Montani;ii mtines ill this city atil smelters inl Anacondia a.d ('reat Falls and nn or about August I will leave ior New VYork, where he will take the position of consulting :tn ginteer in the vast copper minikg atnd smelting enterprises which James H. Ilag gin and others have launched in Peru, South America. It will take Mr. Kllepvtko until about the first of the mlonth to get hii (Montana alfairs in shape to be left in the hands of others. Ile will make New York his home, but will doubtless make frquet;it FRANK KLEPETKO Who Has Resigned to Take a Position in the East. trips between that city and the paint, of Mr. Il;aggin's interests in South America. The wintes owned by Mr. Ilaggin and his associates constitute the Cerro de Pasco group of copper claims, which are said to be the richest and largest in the world. The owners are at p)resent Iengaged in the development of the property aid are arranging to build not only exterstve smelting works, but also a railroad 8So miles long. Mr. Klepetko is considered one of the best all-round Imining and smelting mlen on the face of the lobhe and his services are invaluable in the husifiess. The monley 0onisiderationt which lIt will receive in his new position hlis not bcen mtatide public, hut it will no doubt be sufficient to keep the wolf fromt the dfoor. Graduate of Mining School. Mr. Klepetko was graduated from the ('olumbia school of mines in 188o, and shortly afterwards entered the employ of the Iigelow properties in Michigan. lie remained there to years and then came to M.ontana to take charge of the new smelter of the Boston & Montana comlpanty in Great Falls. About two years ago he was made general manager of all the mines and smelters of the company, including the Anaconda plant in Anaconda, and made Butte his headquarters, .ut his family re mained in Great Falls. His family will doubtless accompany hint to New York. Mr. Klepetko says lie has contemplated the change for some tiiume. lie has had several offers recently, but none of them suited him so well as the one made by Mr. Ilaggin. Besides looking after the prop erty of Mr .llaggin he will also act as con, sultiing enginleer for otlier persotlns or cor purations desiringi his services. FAILS TO TAKE ACTION ON POOLROOM MATTER City Council Has Brief Session and Pays No Attention to Defeat in Court. Contrary to expectations, the city co,:n cil at its brief session last night failed to take up the poolroomn matter. Alder man Abe Cohen canle in on a late train to help discuss the matter, but arrived only in time for adjournment and to get his pass for the glove contest. It had been thought certain that the council wouldl act in the poolroom case owing to the Igcision of Judge Ilarney making permanent the injunction against the city and preventing the municipal au thorities from interfering with the race track books. The ruling of the court practically an fulled the council resolution passed at the last meeting and it was thought the meas ure would either be repealed or amended. Now Is the Time to Buy Lots in the McQueen Addition As the I"ARREIILL COPPERL COMPANY have made it public that they intend erecting a Smelter, Refin(ury and Wire Works on the East Side, and this w\ill consequently enhance the value of Lots in this Addition. Lots are now selling from $150.00 to $250.00. Ternis Easy. TI16 THOMPSON Oe. Fire Insurance 15 W. Broadway. Loans, Rental' COUNTY MAY HAVE COUNTER-CLAIMS BILL PRESENTED BY CITY MAY BE OFFSET BY FUNDS DUE COUNTY FOR PESTHOUSE EXPENSES. DEPUTY COUNTY ATTORNEY RETURNS LEGAL OPINION County Acted as Agent for City in Cd lection of Certain Taxes, and No A4 Justment of Percentage Has as Yet Been Made-The Money Was Taken Up Between the Years 1889 and 190,. County Attorney 1Brcen, by Deputy County Attorney Lynch, has handed in to the county commissioners an opinion upon the claim of the city of ltitte against Sil ver how county for several thousand dol lars for back taxes collected by the county as agent for the city. Iletesren the years 1889 and 19oa the cotity collected about $ro,ooo in taxes within the city and county and made no accounting for the city's share to the lat ter. .ately the city made a demand upon the county for the sum of $5.63o.53, claim ing that amount as its share ill the money collected. The opinion furnished by Mr. lynch is to the effect that the claim is good, but that the county may prefer a claimn against the city for any indebtedness the city may owe it, as an offset to this claim. Mr. Lynch's opinion is as follows: Official Opinion of Attorney. "Regarding the claim of the city of Butte against the county of Silver Bow for five thousand six hundred and thirty dollars and fifty-three cents ($5,6.30.53), the amount of penalties and interest on delinquent taxes collected by said county for said city from t189 to 9o02 Inclusive, I am of the opinion that the said claim is a valid one and should he allowed and paid. The county being the ageult of the city in the collection of the said penalties and interest, our statute of limitations would not, according to a well-established rule of law, commence to run against the claim until demand for the payment there of was first macde on the foryler by the latter. In this instance the statutte did wot conlllence to run until March 7, i:;oz, the (late the said claim was filed with your body. If the city is indebted to the county in any way I woull suggest that said l~ dcbtedness be used as a:1n offset against said claim to the extent of said indebted ness." Tl'e county of Silver Bow has a claimn against the city of Bhutte for Imoney ex pended in behalf of the city in maintaining the pesthouse for the mutual benefit of the city and county, and it is understood that this claim will be presented to the city as an offset against the claim mentioned. It is for something over $1,ooo. APPOINT FIVE FIREMEN FROM THE "SUB" LIST Council Exonerates Police Captain Everts -Underground Wire Ordinance to Be Prepared. Captain 1Everts was exonerated an, the report of the police committee, readrin the city council meeting last night. The re port sets forth that the colmnlttee has con sidered the evidence submitted by J. S. Haimmiond and makes the recoiumuendation that the police ollicer be fully exonerated from all charges preferred against him. The council rejected all bids for the grading of Shields avenue, and recomn mended that the clerk re-advertise. Mayor l)avey appointed as permanent firemen these men, who have been serving the probationary period; W. S. Murphy, T. J. O'Connor, M. Kelly, Edward Leary and James I)ennison. The request of the Washoe Copper com pany that the two alleys in Block r, of the original townsite Ibe discontinued was referred to the comnuittee on streets and alleys. A bill for $1,861.3.., being .*o per cent of the cost of maintaining the pest house, was sent in by the county commissiones and referred to the judiciary committee. The council voted to contract with County Clerk Weston for the preparation of the tax holls for iso2. City Attorney .lambi was granted an ex tension of two weeks' time in which to prepare the proposed ordinance providing for the placing of all overhead wires under ground. SAID SHE WOULD KILL HIM Witness Gives Startling Testimony at Coroner's Inquest. At the inquest on the body of Jack Walsh yesterday afternoon John Cahill, who worked with Walsh at the Butte Re duction works, created some excitement by testifying that he had heard Mrs. Nellie Jones tell Walsh she would kill him if he did not live with her. lie said the threat was made in a wine room of a saloon in the Boulevard addition about four weeks ago, and that he was present at the time it was made. He further said that Walsh had told him the woman was his wife; Special Sale this eee. of Linoleums.r In rain Carpets and Fiber Mattin4s--- Mostly short lengths, 3 to 20 yards. .. Trunks and Valises Reduced ' 4UUICb~~4Ursl OFFICIAL BALLOT. At Special Election in Silver Bow County, Montana, on proposition of annexation to City of Butte of abutting and contiguous territory, held on July 18th, 1902. For Annexation Against Annexation STATE OF MONTANA, COUNTY OF SILVER BOW. I, John Weston, County Clerk in and for said County, do hereby certify that the above is a full, true and correct copy of the official bal lot to be voted at the Special Election to be held on the s8th day of July, 9po0, for the purpose of voting on the proposition of annexing certain territory in the County of Silver Bow, in the State of Montana, to the City of Butte, in said County; said territory being abutting and contiguous to said City. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County, at miiy office in the City of Butte. in said County, this I1Th day of July, 19oa. JNO. WESTON, County Clerk, i-- ·--------.. -·- - -- . _2__ iO 100-PAGE BOOK FREE sunIERIr. 1o OONTAGIOUS BLOOD POISOIN Thousands of unchallengeable proofs of cures Ssent sealted orn application. Our to00 pe4 book to onsly.ssratsdn wltnlh a . taraphs, amuson them PhotogrhC sad afnaltso oe the aus whoe head 1e shown heoro (dee pg.e.slto 10ii per book) l se a dav of phuotgaealprr hohewn pitchtures, T si olUther lotoneriis. . Our .oo1 8aowlh a. t.S hmot taken L ug. ,10 10, at which time patts, t was eured snd ftae sad head were entirely healed ad his halr Our palents ced ears ago by our lnmat Diseovery, unknown to the profeNlon, are today sound and well, and have healthy bhtdren sInce we cuMl thorm. rlmarCured in 15 toor5 DysYou On be tr-eata d at.ome for the same ,,, I.I.D,. 6ermnontlCo nias.tener t[ a mm lett o agnt O'0 ~rofor t~o come to h~lo, we will contrast ,6o railroad f and hotel btalelo m nocbha ao we _I to ure. |J=VI itVId pt ot--h, and still have aches an. .alns, lu0o"s Pacs l . mout, toae trot mplea soper saolored spots ulols on u.hr aut we dor, bar or ae.browstalli- out, tuurp t r o R BLOOD POISON. Wt UARANTdt TO O We toht 1 io Hatncaes ad shaeling the world tor a ase we cannot curs. Th dlsease has Wys abmled tihe sk.l of the most emna at hysielsae 0100i00 capital behind our tunconditio.l guaranty D)ON'Tp WAST YOURE T .R AN OJezperimenttng. We have the iOBLT cupr. Absolur. ou. ehallangeble proos st sct aled os appl loston. tor Il ars we bavre . ated butonu dluease-Conagilous lood "lion, and we otlves cres itet ay cured. rliA . lYcU _B. A ,dr 1562 MasonloTmpL;Chloaao; that he had married her In Chicago, and the woman had also said as much. Walsh is the man who swallowed two ounces of carbolic acid at the home of Mrs. Jones, No. 233 East Mercury street, and died in the city jail a few hours later. The verdict of the jury was to the ef fect that Walsh came to his death as the result of the acid and that the poison was taken with suicidal intent. Coroner Johnson has taken charge of the dead man's trunk and wired Walsh's brother, who lives in fhicago, DESERT LAND, FINAL PROOF. United States Land Office, Helena, Mon tana, July 7, 190o. Notice is hereby given that Frederick W. Dickie, of Dewey, Mont., has filed no tice of intention to make proof on his desert-land claim No. 5856, for the south half of southeast quarter, Section it, northeast quarter of northeast quarter, Section 14, and west half northwest quar ter, Section 13,Township i north, Range la west before B. R. Stevenson, United States commissioner at Fish Trap, Mont., on the Iith day of August, 190o. lie names the following witnesses to prove the complete irrigation and recla mation of said land: Francis L. Ralston, William A. Ralston, Frank Powell, Benja min Osborn of Dewey, Mont. FRANK D. MIRACLE, Register. NOTICE. Notice is hereby given that the board of commissioners of Silver Bow county, Montana, will-on the third Monday of July, o902, viz: On the lzst day of said month, convene as a board of equalization for said county, at the office or the county assessor at the court house ij said county, and will thereafter sit as such board of equaliza tion on Mondays, Tuesdays and Fridays of cash week from ro o'clock a. m. to za o'clock m. and from a o'clock p. m. till 4 o'clock p. m. on said days; continuing their sessions as such board of equalization until the second Monday in August, viz: The i ith day of said month. Attest WILLIAM D. CLARK, JOHN 1\ ESTON, Chairman. County Clerk. DESERT LAND, FINAL PROOF. NOTICE FOR PUBLICATION. United States Land Office, lHelena, Mon tana, July It, 9go2. Notice is hereby given that George Groun of Fish Trap, Montana, has filed notice of intention to make proof on his Desert-Land Claim No. 6991, for the north half of the northwest quarter of Section q, Township I north, Range 13 west, before B. R. Stevenson, United States commis sioner, at Fish trap, Montana, on the i5th day of August, s9o2. Also, that William H. Calvert of Fish Trap, Montana, has filed notice of in tention to make proof on his Desert-Land Claim No. 5850 for Lots I and 2, southeast quarter of the northeast quarter, and the east half of the southeast quarter of Sec tion 5 ; southwest quarter of the northwest quarter, and northwest quarter of the southwest quarter of Section 4, and the northeast quarter of the northeeast quar ter of Section 8, Township z north, Range 13 west. They name the following witnesses to prove the complete irrigation and re clamation of said lands:. GEORGE GROUN, WILLIAM H. CALVERT, JOHN ANDERSON, OLLIE CHRISTIANSEN, MATT CHRISTIANSEN, of Fish Trap, Mont. FRANK D. MIRACLE, legister. Butte, Mont, Capital ...... o10,o00.oo Under state supervision. Five per 0 enmt interest, payable uuarterly, paid on deposits. 8 Money to Loan on o Real Estate 0 P. AUG. HEINZ ...... PreLleat o A. B. CLEMENTS........Casubier 0000000000000000000000000 0000000000000000000000000 SSTATE SAVINGS BANK 0 0 John A. Cretghton.......President o G.W. Stapler n.... Vice President o T. M. Hodgvnsa...........Cashie 8 J. 0. Hodgens.... Assistant Cashier 0 Ri. B. Nuckoils., .Assistant Cuasier o 0 - 0 Under stats suervison apd o Jurisdiction. nlterest paid on de O posits. o Sells exchasnge availaets in all 0 0 the principal cities of the United O States and Europe. Colleetion, o promptly attended to. o Transact general banking bu. ess. 8 Dbiectors: J. A. Creighton am ha; G. W. Stapleton. A. H. turret, S D. Levitt, S. V. Kemper, T. M. o Ho gens, . O. Hodgens. o Corner Main and Park Sts., Putte. 0 o 0 0oo00000000000000000oo00ooOoo 0000000000000000000000000d o The First National Bank 0 o Of Butte. 0 (Established 1879.) o Capital ....... s2,1.09 1 0 GENERAL BANKING 0 Drafts drawn on all principal cities 0 of the World and Letters of Credit O issued. o 0- - O ANDREW J. DAVIS.... President 0 o IAMES A. TALBOTT..Vice Pres. 0 0 E. B. \VEIRICK..........Cashier g o J. S. DUTTON..Assistant Cashier 0 00000000000000000000000000 0000000000000000000000000d o W. A.. Clark. J. Ross Clark. O 0 0 W. A. CLARK & BROS0. o BANKERS 0 Transact General Banking Businsas 0 Buy sold dust, gold bars, silver 0 bullion and local securities. 0 o Boxes for rent in safe deposit o vault. 0 Sell exchange available In all of o the pincipal cities of the United 0 States and Europe. o Special attention given to colles. 0 o tions, 0 0 0 0 ALEX J. JOHNSTON, O 0 Cashier. 0 00000000000000000000000000 00000000000000000000000000 DALY I 0 BANKAND TRUST COMPANY ! o OF. BUTTE o o Established 1882 Iacerperate 1901 0 o Capital.. .$100000.00 0 "8 General 8 o 0 0 JOHN D. RYAN........President 0 o JOHN R. TOOLE..Vice President O o C.C. SWINBORNE......Cashier o R. A. KUNKEL.....Asn't Cashier 0 o 0 00000C0000o 00000000000000o C. R. Leonard, Pres, T. R. Hinds, V"Pres, Fayette Harrington, Cashier Silver Bow National Bank CAPITAL, $100,000.00 This bank solicits accounts, offers prompt and careful attention to business of cus tomers. Collections promptly attended to and remitted for on day of collection. Sell foreign and domestic exchange, trans. act a general baAking business, pay in terest on time deposits. Directors-Charles R. Leonard, F. Aug. Heinze, S. Marchesseau, A. Balmforth, R. A. Louis, C. W. Newton, T. R. finds, John MacGinnis, Fayette Harrington. How About Your Clothes? it and deliver it, each week, at $2.oo per month. Cleaning and Dying, City Steam Dye Works, lot West Granite street. 'Phone, 826M. ALBERT BARCLAY, Prop. NOTICE OF FORFEITURF. Butte, Montana. April 8, tpS. To Thomas L. Porter, or Assisns: You are hereby notified that I have expend. ed during the year 1pos, one hundred dollars in labor and improvements tpon the Julian Lode claim, situate in Summit Valley mining district, Silver Dow count;, Montana, abouS 4%' miles southeast of Butte City, Montana, of which the declaratory statement is found of record on Page 76 of Book "D" of lode claims in the office of the recorder of said county of Silver Bow, in order to ;,uid said claim under the laws of the United b.ates concerning annual labor upon mining claims, being tihe amount required to hold said lode for the period nndtin on tate 31st day of December eot. And i within ninety days after publics. ton hereof, you fail to contribute your pro. portion of said expend.aure, as a co-owner by payment thereof to me or to my agents, the J. E. Rickards Co., at Butte, Montana, your Interest in the claim will become the pronorty of the subscriber, your co-owner, ay the proevy slone of said laws, MARY W. BISHOP.