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The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, October 01, 1903, Image 2

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83025294/1903-10-01/ed-1/seq-2/

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BROBB(K
Do you buy groceries? Do we eell them to
yrou? If not, why not?
Fish For Friday
TOMORROW
Domtestic Sardines,
per can..... ......................... 4C
Domestic Sardines, with key, a
per canl.................... ..........8 8C
Fine Imported 12 -2
ard + ................... .........12 -2c
fink Salmon. 10
one pound can ............................. 0
Colttumlbia Rivrr Salmon Steak; I.
one halfl-pounld c nl .........................I5
Best Norway White Fat herrring, .
eacht..... .. ................................
crish :Mackerel,
two for.......................... 25C
(enuinr Norwn lloater, ......
ach .......................... .. ... .......
Lake Superior Whitefish, l.I
per pound..................... ........I. U
Flour
Brobcck's Fancy Patent is made from I h.
Rota hard wheat and makes more ,;lve, th11
any other flonr. 'ltomorrow wc Rive free with
cacth So poundi one tua package of Magic
$1,.40
50 p ,C l .. . . ........ .. ............... ....... 4 0
Rex Foiur; 1Ot
so pounds.......................... ...... $125U
Brobeck's hent Separator Crean ry
Btitter, per pound .................... 25c
Start the day right an d try our lltffman
[ouse ('offee; it is Tre to please youl;
per ipound. 3Sc: $l fh
three pounds for ..................... U... U
135 W. Broadway 'Phone 691 B
PROMPT DELIVERY
DOES YOUR
Overcoat
NEED
Repairing
OR.
Cleaning?
'Phone 138. It Will Cost
You From $i.oo to
$3.oo, No More
Or if you have a suit that
neccds renovating send it to
us. We make a specialty
of Cleaning and Repairing
at reasonable prices.
Unique Tailoriug Co.
63 West Broadway
S SRUP OF; Dr. Loin
hard's Italian of Syrup
Figs, made of best ligs
that grow. A natural,
gentle, efficient la,:ative; Soc bottle. NEW\V
BR(O iljRU; C)., to9 North Main.
CORTLAND TRIAL ON MONDAY
Alleged Defaulter Appears in Justice
Doran's Court.
L.at: yesterday afternoon Harry Cort.
l;and, charged with obtaining money under
false pretenscs, appeared in Justice
loltalu's court to plead. A demurrer was
ietere:l to the complaint, and its hearing
will take place next Monday at 2 o'clock.
Cortland is charged with petit larceny
on sonie 15 counits, and will be tried
under that head unless some of the rail
way organizatioins, which hie is supposed
to have caught for a hundred or miore
doll:ars, appear against hima.
FIRE ON THE ANACONDA ROAD
Mrs. Cooney's House Damaged to the
Extont of $50.
A fire occurred at the home of Mrs.
Coonuy, a27 Anaconda road, about :3o
this afternoon.
T'he blaze was caused by a mattress
catching fire from a stove. The house was
damaagsd to the extent of $50.
Pope to Intervene.
London, Oct. I.-A Sofia dispatch to the
Times says it is rumored in Catholic cir
cles that the pope is preparing an ency
clical on the Macedonian horrors.
T'lhe destruction of the crops and the
heavy rains threaten to cause a famine in
the devastated districts.
Thc American missionaries intend to
travel into the interior of the Monastir
Vilayet in order to personally aid the suf
ferers.
The Times this morning publishes an
appeal, signed by the Right lion. Anthony
Evelyn Ashley, James Bryce, M. P,, and
others, for funds to assist the destitute
aMacedonians.
The temporary arrangements have been
made with the Rev. Mr. Bond, an Ameri
can missionary at iMonastir, to receive and
distribute the relief,
Yielding Reluctantly.
Struggling Author-Do you think I
aught to have my portrait as a frontis
piece to the book?
Publisher-We can put it there If you
wish. It will cost you something extra.
Struggling Author-Well, I'm willing,
if you insist. Here's my photograph,
Chicago Tribune.
Nixon
Cash Grocery
po0 UTAH AVENUI
Keep Your Eye on This
Space, We Sell Groceries
Cheaper Than Any
House In Butt..
MILES FINLEN IS
STILL A WITNESS
JUDGE McHATTEN SUBJECTS HIMVI
TO A SEARCHING CATECHISM
ON SEVERAL POINTS,
STICKS TO ORIGINAL EVIDENCE
Witness Unshaken in His Testimony
That He Never Agreed to Sell the
Minnie Healy to Heinze.
(('ontinuled from Page ((tr.)
question of the money Fiilen had ex
pended in working the mine was discussed.
T'he witness said he paid interest on the
money lie borrowed from the bank to work
the mine.
He Paid Interest.
"l)id you pay interest on the $54,000 or
a part of it ?" the lawyer asked.
"Yes" the witn'-s replied.
"You paid interest on an overdraft, did
you ?"
"Yes."
"W\hat was the overdraft ?"
"It was different at difTerent times.'.
" l)id you get a bantk statement ?"
"I don't know."
"Did you settle with tihe bank?'
"Yes." a
"WVheit?"
"1 don't just know."
"After this suit was begtun?"
"Yes"
"Well, you were obliged to borrow
money to run the M innie Ilealy mine?"
"Yes."
"llow long ?"
"For quite awhile."
"So up to the time you ceased to work
the mltin it was necessary to borrow
money for that purpose?"
"No; I need not have done so."
"Why did you do it,"then??"
"IBecause I wanted to keep lmly Minnie
HIealy account separate front my general
accounit."
As to the $54,000.
"Did you not tell MacGinniss that you
owed the bank $54,000?"
"I mtight have."
"Did you show hiti your bank book?"
"I might have."
"I'll ask if it was understood at the
meeting of November at, t898. that the
$54.o000 was to bie mentioned in the con
tract ?"
"Not to my knowledge. I didn't know
what was to bie mtelntioned in the conltract,
until I should see the contract."
"How was I to lind out what you had
expended in the mine?"
"I don't know."
The witness testified that the ground
for the proposed suit against the Boston
& Motntana coinpatiy was lncertain, and
that lihe could have started the suit as well
as Heinze, had he been sure he had an
action for damages.
Finltin testified that lie "had difficulties
on every proposition" presented to hint
at the conference in Macdtinniss' office, at
which Ileinze alleges the sale of the Min.
nitc Ilcaly was consunmnated.
"What proposition in particular?" the
lawyer asked.
"\Well, there were several," was the
reply.
''Well, you talked about a contract and
ahout turning over the mine to Ilcinze,
didn't you?"
"We talked over a contract which was to
be showni to Mr. Scallon, anti if lie said
it wias all right. I'd signt it."
Not Anxious.
"Well. you would have signed a con
tract and turned over the mine, wouldn't
you ?"
"I wasn't crazy about it. But I suppose
I would, if it suited lme."
"Was Mr. Ileinze to work the ntine?"
"Yes: he was to go in and work the
mine and see if he wanted to bring that
suit."
"Who was to do the work?"
"lteitnze was."
"''Who was to have possession?"
"Mr. Wishon was to have possession
for llue."
"\Who was to pay the expenses?"
"I was."
"Ilow were the expenses to be
nlade up?"
"Just the sane as at any other mine.
The payroll was to be sent into the office
and paid there."
"Did you pay the expenses?'
"YesI."
"How do you know you did ?"
"1 saw my own check, aid I guess I
paid a large part of it."
"l)idn't jleinze pay a part of it?"
"Very little, I gtucss."
"\Who paid McFarlane?"
"I don't know. I don't know that he
was ever paid."
"Y'ou dildn't pay himn?"
"You bet I didi't."
"In that conversation at MacGinnlss'
oflice you said your word was as good as
youtr bond ?" said tile lawyer.
"I did," replied the witness. "And it
is now. If you had carried out your agree
menct I would have mnine."
"\What was mly agreement?" Judge Mc
HIatten asked.
McHatten's Agreement.
"You were to draw up an agreement,
and when I camne hack I was to sign it,
if it was all right, but you didn't do it.
There wouldn't be any suit now if you
had," the witness replied.
"You say you did not understand there
was a contract made at that meeting?"
"I didn't think I could go in and talk
to a half a dozen people and that they
could take my rights away," was timhe wit.
ness' answer.
"Didn't you understand the contract?"
"I didn't think you could take a mnan's
property away front him unless he signed a
contract."
Not Up to That Law.
"Well, but didn't you understand you
might make an agreement without sign
ing a written contract?"
"What I Take a man's property away from
him ? No. I thought I could talk a hundred
yea;rs. I wasn't up in the law like you
are."
"You say you wouldn't sign a contract
without first having a lawyer sign it?"
"No; I wouldn't."
"Suppose I were selling you a horse?"
"Oh, that's different. Now, Judge, you
are getting into something I know more
about, I know something about a horse."
"Well, if you agreed to pay $zoo for the
horse, wouldn't you regard it as a sale?"
"Not till I paid the money and had a
bill of sale for the horse."
Calls for Recess.
By this time it was z: o'clock, and
Judge Clancy said: "Well, gentlemen, I
guess the witness wants to smoke, #
guess we better take a little recess."
"I second the motion," said the witness
In 'hearty agreement with the court's pro.
posal, and a recess followed.
After recess the witness gave testimony
in which he said he did not regard a deal
of the kind under discussion complete till
the papers should be signed, and that he
usually submitted papers in such transa.
tions to a lawyer.
Then Judge Mcdlatten spent the rest of
the forenoon examining him upon how he
had done with regard to this poihnt in dcal
ing with Devlln and the other owners, dln4
with the leasers of the Minnie Healy
whose rights he had secured by assignment.
Papers in Evidence.
The papers in the transaction whereby
the witness had taken over the leases and
bonds on the property, orginally secured
by Frank L,. Wishon, J. T. Fintlen and
others, and the papers granting extensions
of the time of the leases and bonds, were
put in evidence, and the examination was
conducted in reference to them.
Judge Mellatten said his purpose in
offering these papers was to show that the
witness had gone into possession of the
Minnic Hlealy mine and worked it before
the assignments to him were complete, qnd
to show that he had not always submitted
papers in such matters to a lawyer for ap
proval.
Objection to Documents.
Mr. Forbis objected to the papers, on
several grounds. lie said that the cases
were entirely different; that Finlen had
complete ownership of the bonds and
leases of the property before entering on
the mine: that the agent who took pos
session of the property, W. W. Wishon,
was the brother of Frank L. Wishon, one
of the assignors; also that it was ques
tionable if that deal was made in such a
way; and because it was immaterialto af
feet the present case. anyway.
The court overruled Mr. Forbis' objec
tion. saying: "Well, gentlemen, Finlen
says he expected to have all the agree
ments for the sale reduced to writing and
submitted to him; and that it was to be
submitted to his attorney, and if the lat
ter approved it, he was to sign it.
Objection Overruled.
"Now, with these leases and extensions
Judge Mclfatten wants to combat his con
tention, and wants to show by these writ
ings that he took possession in another
case without writings, The objection is
overruled."
Judge Mcflatten read some of the papers,
one of which purported to be a convey
ance of the rights of a man named O'Brien
in the original leases and bonds from Devw
liin to Wishon and the others. The attor
ney then said:
"Mr. Finlen, is it not a fact that only
this last named writing was obtained by
you after the i)evlin extension of the Div.
lin lease and bond was obtained by you?"
Mr. Forhis objected to the question .on
the groutnd that the papers were the best
evidence of ithe time they were executed
relatively. The obection was overruled,
and the witness said lie could not remem
her since the transaction took place fix
years ago.
"Was not it the purl)ose of this assign
mest to give you all of O'ltrien's rights
under the original lease and bond ?" Judge
Mellatten asked.
Not in Line.
Mr. Kelley arose and said: "We object
to the question, your honor, on the ground
that it is not in line witl the purp-os
stated by Judge Mcrlatten in pursuing.this
line of inquiry. The question is an "t
tempt to fishi for evidence to be used in a
suit over these leases between Finleta and
O'Brien now pending in this court. It has
no hearing on this matter. O'Brien was
not a party to the bond and lease between
Finlen and Devlin. To ask Finlen if he
went into possession of the property under
an oral contract is just a fishing expedition
for evidence to be used in the other ease."
Judge Mallatten began: "That's not my
purpose-"
The court cut him off, saying: "There
is no use in so much talk. The objection
is overruled."
The witness said he could not remember
the time, and that the papers would shiow
for themtselves. The papers had been exe
cuted too many years ago.
Memory Fails Him.
Next, Judge McHatten wanted to.know
of the witness whether he had submitted
several papers now shown to him to a
lawyer before signing them. The papers
were of years gone by, and connected with
the Minnie Healy leases and bonds, and
the witness could not remember.
The witness was asked a number of
questions of this kind and answered them
under the ruling of the court, overruling
oljections by the plaintiff's lawyers.
Two papers, one of them a provisiopal
agreement by Finlen to pay interest o1 a
mortgage on the Minnie Healy, and one of
them a similar agreement by Finlen to buy
a house from Devlin for $m,ooo, were shown
the witness, and he was asked when they
were made and why.
"That paper was made at a time, I
think, when Mr. Devlin threatened to drive
everybody away from the mine, and if I
came down there, threatened to blow the
top of my head off, which was a very fool
ish proposition for me, to have the top of
my head blown off," the witness replied.
"What were they made for?"
"To accommodate Mr. Devlln and to
cool him down."
"Both were cooling propositions, were
they ?"
"Yes; they were to humor Mr. Devlin a
little."
"Was Mr. Scallon to pass on the deeds
to the Minnie Healy deposited in the
bank ?"
"I suppose he would have passed on
them had they been deposited there."
"Are the deeds there yet?"
"I don't know. If you'll tell me whe
the bonds expired, I might tell."
"The bonds expired in February, 8gg.99
"I guess they are down there; I don'
know."
In the afternoon Judge McHatten ex'
amined the witness as to what he did afte;
he returned from the East. The lawyer
said: i
"Mr. Finlen, when you came back froni
the East, December 28 or 29, 1898, yot4
saw Mr. Wishon, did you not?"
"I am not clear as to that," the witness
replied.
"You talked with him about the Minnil
Healy matter?"
"If I saw him I suppose I did."
"You knew Heinze was carrying ori
work down at the Minnie Healy, did )Io
not?" ti
"I knew he was doing what he had bee4
doing."
"Well, he was doing work there?"
"I suppose he was,"
"It was a matter of notoriety in the
community, was it not?"
"I don't know anything about that."
"Telling and Hendry had talked to yot
about ore in the Piccolo claimh, had they
not?"
Heard Nothing..
"No.; I never heard a word about the
Piccolo. They said there was ore in that
winze."
"You agreed to pay them $z,ooo if you
got your money out, did you not?"
"No; I agreed to pay them $t,ooo
apiece if I found ore in the wince."
"Did you find ore?"
"No."
"Was there no ore there at all?"
"There may have been a streak there."
"What was done with any expenses In
curred by Heinse in working the mine?"
"They were sent to my office and paid."
"What was to be done for you in that
matter ?"
'lie was to repay me."
"Did you ever offer to pay Heinle part
of the expenses?"
"No."
"When was it you saw me In Butte
that time you spoke of?"
"I think it was in the latter part of
January."
"Wasn't it in February?"
"I don't remember; it might be."
"Wasn't icinze at Helena then?"
"I don't think so."'
"You say Ileinze and MacGinniss were
to furnish bonds for that suit against the
hlst"n & Montana company?"
"' Yes."
"You were under no necessity to have
them get bonds for you, were you?"
"No."
"Why were they to do so, then?"
"Thl'ly wanted to show their friend
ship."
"You say this suit was to be brought
for spite against the Boston & Montana
company ?"
'".Yes."
"Did MacGinniss tell you that?"
"There wasn't much love between the
company and Heinze at that time. They
were not walking down the street arm in
arm that I know of."
"Wasn't the suit to be brought because
of the litigation between them?"
"Yes."
"It was a sort of a counterplay?"
"I suppose so."
Yesterday Miles Finlen, while giving di
rect evidence, said that John MacGinniss
had told him that the latter had men work
ing in the Leonard mine who were keep
ing ,MacGinniss posted as to the workings
and ledges in the mine. IMr. Finlen did
not know whether or not the parties re
ferred to were John Telling and William
lendry, the men who afterward wanted to
sell information Telling said they pos
sessed about the ore deposits, but thought
they were the same.
Those men talked to Finlen at his hotel
in the fall of 1898, before the meeting at
Hleinze's office.
Contemplated a Suit,
Finlen said lTeinze looked at a blue
print at the McDermott hotel, which lihe
got for the latter, because Heinze wanted
to begin a lawsuit against the Boston &
Montana company.
"Was anything said to you by MacGin
niss or Heinze about the purchase of the
linnie Healy from you?" Mr. Forbis asked
Mr. Finien.
"Not a word about such a purchase was
said by either of them," was the reply.
Mr. Finlen testified that nothing was
said at the meeting at MacGinniss' office
on November a2, 1898, the date of the so
called sale of the mine, about who should
have the proceeds of the suit to be brought
in Finlen's name against the Boston &
Montana company.
Declined All .Propositions.
Ire said that he declined all propositions
to buy the mine front him, or to go into
partnership with him, or to take an option
from him, and that all he consented to do
was to allow a suit to be brought in his
Wilme,
"\VWho suggested that you should be the
plaintilT in name?"
"It was either MacGinniss or IIeinze. I
do not know which."
Mr. Finlen said that the proceeds of the
suit were to go to IHeinze in case the wit
ness should in future give Hcinze an
option on the property and turn it over to
the latter.
"W'ho was to represent you in the pro
posed suit ?"
"I do not think that was mentioned. I
gave my consent that my superintendent,
Mr. Wishon, should sign the complaint for
me," was the reply.
To Prepare Proposition.
The witness positively testified that at
the talk at MacGinniss' olffice it was agreed
between him and Heinze that an agree
ment for the transfer of the mine was to
be prepared by McHatten while Finlen was
Fast, and be submitted to him when he
should return. Then he was to submit it
to Mr. Scallon for the latter's approval.
"Then, if it was all right, I was to sign
it," said the witness. "I was to have what
I had expended upon the mine, half one
year after Heinze had taken up the bonds
and half in two years."
"Was Mr. Scallon's name mentioned at
the meeting ?"
"A half-dozen times."
All of Heinze's witnesses who were
present at the meeting at MaeGinniss'
otlice, including Heinze himself, had testi
fied that Mr. Scallon's name was never
mentioned onte.
'TFe witness testified that while he was
to be gone East Heinze was to work the
mine for the purpose of discovering if the
vein in the Piccola claim, the B. & M.'s
property, apexed in the Minnie Healy, so
as to maintain the suit against the Boston
& Montana company, and Wishon was to
have charge of the property till it was
turned over to Heinze by Finlen; and
Finlen was to pay all the expenses of
operation till the transfer was made, if it
should be made, and then he was to be re
imbursed by Heinzc.
Finlen denied that he ever gave Wishon
authority to do anything for Heinze except
to sign the complaint in the proposed suit.
Finlen's Denial.
Mr. Forbis called the witness' attention
to the testimony of the Heinzes, MacGin
niss and McHatten, In which those gen
tlemen had testified that Finlen had said
for Heinze to take over the Minnie Healy
mine and keep it; that his word was as
good as his bond and that he would sign
the contract when he should return from
the East,
"\Vhat havq you got to say to that?"
the lawyer asked.
"I never said a word of the kind. I
said my word is as good as my bond, It is
today. I told them that when I had seen
Mr. Scallon and submitted the bond I
would sign it if he approved of it and it
was all right. Why should I give my mine
to them without a scratch of a pen or any
thing to show for it?" the witness an
swered.
The witness testified that he had seen
MMcHatten at Helena after his return from
the East, and that he had asked the latter
if he had drawn the contract, McHatten
said he had not, that he had not thought of
it. The witness told him not to draw it
then, for he would work the mine him
self,
Said the Deal Was Off.
Finlen also 'testified that he saw Mac
Gituiss in February, 189p9 and told him
OFFICIAL NOTICE.
P. J. BROPHIIY & CO.
BUTTE
ARE OUR EXCLUSIVE SELLING AGENTS
We sell and ship our goods to no one else, consequently
THIS STORE IS THE ONLY ONE at which we can guar
antee that the customer will receive OUR GENUINE coffees.
CHASE & SANBORN, The Importers
the deal was off, and that he would take
the mine and sink it to the z,ooo level.
"Who had been paying the expenses of
operation at the mine ?"
"I had. The bills were sent to my
office."
The witness testified that he had left
the mine in charge of Wishon when he
went East, and he said he did not know
when he returned from the East that
Heinze had charge of the mine. He said
the first news he received that Heinze was
in charge of the mine was when Wishon
telephoned him at Helena that Heinze was
discharging his men at the mine, at which
time he telephoned Wishon to see Mr.
Scallon and do what the latter advised.
Finlen denied that he ever told John
Devlin that he had turned the mine over
to Hcinze.
Beginning of Negotiations.
"When did the first negotiations for the
sale of the mine to Heinze take place?"
"There were no negotiations till the aist
of November, 1898, at MacGinniss' office,"
was the reply.
Finlen denied that he ever had told Jack
Hoy or H. I. Wilson that he had turned the
mine over to Heinze, or that he had told
MacGinniss that Mr. Daly had advised
him to take the mine back.
The witness testified that his under
standing when he was at the meeting at
MacGinniss' office was that he could talk
to a thousand men wlthoit jeopatrdzlitg
his rights, and that he could only transfer
his rights by signing the proper paper.
"State whether it was your understand
ing that you had turned over your rights
to Heinze?"
"I did not think I had turned over any
thing."
Finlen's agreements with Devlin and
Mary E. Reilly were put in evidence; also
the check for $294 from Heinze for the
proceeds of ore from the Minnie Healy re
duced by Heinze in January, two months
after the alleged sale of the mine.
He Was Foolish.
Finlen said he had kept the check to
show that, long after the time Heinze said
the witness had turned over the mine to
Heinze, the latter paid Finlen for ore ex
tracted from it. -
On cross-examination, Judge McHatten
said to the witness: "When you came to
my office and I read you that paper, why
did you not go away?"
"Because I was a sucker," was the wit
ness' reply.
"What did you propose should be put
into the paper?"
"Nothing at all, and you know it."
SMART INDIANS
"The methods of the Eastern laboring
men have been taken up by the Indians,"
remarked Indian Commissioner Jones to
day. "I have just been informed that the
Warners Ranch Indians of California have
gone on a strike under very peculiar cir
cumstances. They were engaged by our
Indian agent to work upon some irrigating
ditches on their own reservation, for which
they were to be paid $1.So per day. En
tirely overlooking the fact that they were
to be paid for improving their own prop
erty, the Indians organized a labor union
and struck for-more pay. They also want
every member of their tribe employed at
the same rates, the halt, the lame, the
blind, the young and the old. We have de
cided to resist the strike, and instructions
have gone out to our agent to let the In
dians remain idle until they get ready to
go to work at the original rates and
terms,"
The agent describes a social gathering of
a kind that is common in that country
called the fiesta, which is one reason the
Warners Ranch Indians are indifferent to
work, "It was held," he reports, "by the
Pauma Indians on their reservation, aix
miles east of Pala, and was advertised to
last three days. All available rooms and
houses were hired by nonresidents. On
Sunday the fiesta was in full blast and it
was continued until the following Satur
day. Baseball was one of the attractions
here, and the customary horse and foot
races, chicken pulling, etc., also helped to
pass the time, The principal amusements,
however, were dancing, gambling and
drinking, which three continued almost in
cessantly. I heard one white man who
went out of curiosity to see the show say
that he counted over 40 places where
drinks were being sold, and it is said that
a deputy United States marshal was run
ning a quiet game wide open. The War
ners Ranch Indians attended this fiesta en
masse, and if I had wanted them to work
that week it would have been impossible,
It is rumored that there is to be another
big fiesta here next month, and if that be
true, it will preclude the possibility of
work for two weeks."-Washington Cor
respondent Brooklyn Union,
For a Balldon War.
Rio Janelro, Oct. 1.-The chamber of
Sdeputies has passed the bill providing
for the international steerable balloon
Scompetition at Rio Janeiro in Io904 for a
prias of .zooooo. .
PIONEERS IN SESSION
TRAILBLAZERS GATHER IN GREAT
FALLS TO TALK OVER THE
EARLY DAYS OF STATE.
SPECIAl. TO THE INTER MOUNTAIN.
Great Falls, Oct. z.-Two hundred and
fifty pioneers of the state are here to
day and more are coming. Among the
crowd already here there are about soo
long, white beards. The talk one hears
in the corridors of the Park hotel and
up and down Main street chiefly con
cerns what happened in the spring of '67
or the fall of '59. All the pioneers are
having a good time and are rejoicing ex
ceedingly in the opportunity to get to
gether again.
When the roll of the state association
is called it will be found that about so
members have passed away during the
year. The absence of so many well known
faces has a saddening effect among those
who are here; but nevertheless all hands
are bound to have a good time at this
the last that many will attend.
The convention was called to order soon
after 3 o'clock this afternoon in the Grand
Opera house. Rev. W. W. Van Orsdell
read the invocation and then Mayor J. W,.
Freeman delivered an address of welcome.
It was intended that Governor Toole would
deliver an address of welcome on behalf
of the state, but he is not here.
A. C. Gormley, president of the North
ern Montana Pioneers' association, re
sponded to the address.
On the program for this afternoon is
one of the chief events of the convention
-a talk by Hion. W. F. Sanders. He is
here aid it is expected he will deliver the
talk. Hon. Martin Maginnis, another fa
mous orator of the pioneers, also is down
for a speech this afternoon. Tonight
there will be a brilliant reception to the
visitors at Luther hall.
BUTTE BRIEFS
Orton Bros. Pianos and organs.
John B. Wellcome is in the city from
his ranch at Creeklyn.
Dr. Schapps, Owsley block.
Samuel Martin, who has been on an ex
tended trip to Seattle, has returned home.
Lippincott & Darrow, ad6 Pennsylvania
block.
T. M. Miles, who has been visiting in
the city for some time, left last night for
Ann Arbor, Mich., to resume his studies.
Shelly Tuttle of Nampa, Idaho, is in
the city renewing old acquaintances. Mr.
Tuttle was the founder of the Tuttle
foundry in Anaconda and the old Lexing
ton foundry in Butte. He is in the whole
sale grocery business in Nampa.
J. G. Bates, Piano Tuner. Residence,
"The Dorothy." Tel. 699A.
H. A. Van Horne, stenographer to the
supreme court commission, is visiting his
brother-in-law, F. W. Dalton, of the Mon
tana Hardware company. Mrs. Van
Horse accompanied her husband.
Will C. Oakley is a Helena visitor in
the city.
A. H. S. Bird came over yesterday from
Corbin for a short visit.
Frank Conley of the Dillon Examiner
is in the city.
While prying open a box today John
Cross of SIy West Quartz street managed
to inflict a severe cut on his hand. He
was treated at St. James' hospital.
Dennis Burns, s8 years old, employed
at the Parrot mine, while at work today
slipped and fell heavily, breaking his left
leg. He is at St. James' hospital.
A complaint has been filed with the
county attorney by F, A. Daly against
H. McMahon, charging assault in the third
degree.
Attorneys for the plaintiff in the suit of
the Western Plumbing company against
Lilli Overly and the Big Blackfoot Mill
ing company have asked that the action
against the latter be dismissed.
A marriage license was granted to
Harry H. Cowan to wed Miss Edith L.
Collins, Both parties are from Butte,.
NOVEMBER FASHION (MAGAZINES.
Elite Styles, Bon Ton, L'Art, La Mode, Cos.
tunime Royal, Toilettes, Harper's Bazar and all
fashion books as fast as issued, at the P. O.
News Stand, sy West Park street, Princess
Novelettes and Something to Read, ladies'
popular story books, just received.
THE WATCHER
Under the morning Love hoisted the sail,
Dipped down the path of the favoring gale,
Loosened each dawn.colored streamer, the
dreamer;
"Tarryl" I prayed hint; it naught would avail.
Pale with nmy fear and forebodilng 1 bide,
Straining my eyes o'er the seareachces wide;
'Ah, but the witling is lonely--lf only
Love would come back at the turn of the tidal
-Clinton Scollnrd, in Lasllc's Monthly for
October,

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