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Fruit Specials 1 C Each for medium sized sweet S and juicy oranges,. 0Oc for a dozen bright thin skin juicy lemons. '35p for a large basket choicest 3 fancy stock, black grapes. 5C for medium size cocoanuts, a special bargain today. SI 25 and $5.So for large box . G of fancy eating apples. Vegetables fi~ ipc nil il t ly 1 I ii iaUcr, I .............. . ....... 1.10 1landpirkcted, oltil .;lak ''omn) o(t , Iper Call ....... .......0. Frrnlch SirinlrhItii , , (r an pr 11.........................1 I-2c Sweet and Succulint Satuar corn, canl ............ ............... ('haoirc.t r utnlnt.gac, ', pounds ...................... . ... 25C Potatoes \Vhite And ,InI th I l',tatort, that will ;eook Iup . 11alt ;. 80c on, p(tnld- f,,r .......... .. ....... Specials for the Morning Meal Yfrfirlnt \lapl Syrtup, gallon n n....... ................. 15 p,,, d , f,, a,, .............. ... 12 5-2 c C lhoieot (;aulated C ornI I r eal, I , 10I p1. d rack ..................... 2 5C These Specials in the Meat Section Sh,-ul~er ]'ut 1oute, pe'r pound. ........................... 6C four . p.. l .... ................... 25c (.und Steak, 25c t hr.e I, nl..4 1 ..................... 2 5 c Rib or I dri-het l l.,l pecr ,pound.................... ... .... 4C Ilnuirl-Ma:de f'ork Samuage,: per po nd ...........................IO c Four pounds of the Choicest Hamburger Steak you 9 ever tasted for.......... J Family Liquors ,,ttle,............................$1.,00U Booth's Gliden Sceptre $ .0 \\ hiiley, full puart otlc..... $1.UU .,oth's W hist ('h1b \\'hi'key, full quart h,ottle ................ 1 50 All Steel ? Ranges $30.00 To introduce the best all steel range on the Butte market, we mIake this special price. The "Quick Meal" is the only "all steel" range sold in this market; has many good points not found in others. You should see this elegant $3o range before buying. The largest line of second hand up-to. date Heating Stoves in Montana; over Soo on the floor; also full line of new stoves and ranges to exchange for old stoves and furniture. The largest stock and the greatest variety of second hand household goods in Montana to select from. OECHSLI 42 West Broadweay, Butte 'Phone 923B PAT ROOGERS TRIES TO ESCAPE AGAIN Patrick Rodgers made a break for liberty to. day as he was being taken from Department 115 of the district court to the county jail, and came near succeeding, Ile was in charge of Under Sheriff Alctarvey, and when he reached the street from the courtroom dashed down the street. Ile was overhauled after a chase of a block and landed in Jail. $4.50 Large Nut COAL PROMPT DELIVERY Cottonwood Coal Co. Office 814 Utah Ave. TELEPHONE 275 INSPECTION ORDER ON DEVITT CLAIM BUTTE & BOSTON COMPANY CON CLUDES ITS EVIDENCE ON SURVEY PETITION. MOTION TO DISMISS DENIED Attorney John F. Forbis Asse.ts Heinze Is Gouging Out Ore and Leaving Mine a Mere Shell. (Contilu'ld from l'nge One.) "W\ho did you make the re(quest upon?" "''pIjn Trerise ail the Rtrus fore manl;, 'Irelour." "\\Who o.wns the Johnstown and Rarus " lihc Montana (re l'urchasing comin paniy." "\Who nade all the workings in the Johnlstownl, Rams and iother minels in volved, from the Harus shaft ?" "'I he Miintana Ore Putrchasing (:Coi The croiss-examini lationl of the witness was opened by Judge Mcllatten, and he said to the witness: "llow do you know that ?" "Frotlm general knowledge," was the re ply. "JEver hear of the JohJstiwn Mining "llasn't thle JohnstivownI comlilpany been working there ?" "I dplt't kniow wha t thaint cotpainy has to do with it." "li ill't t he Johlnstowns company brought 'several suilts over the prollerty " " I believe it hai ." "Now, during the tille ytou were going iito those worki,gs, weren't you goiing in undecr the order of the state suprelme icourt Irtnding thie ppetl in the Penn sylvanii icse ?" the lawyer asked. "Not entirely so. The order preceded the appleal at first." the witness replied. "\Well, that access was by conlsent, wasin't it ?" the lawyer asked. 'I lie wittess was skeptical that any ac. cess Ihad ever been gained into the lI. 0. P. workings by the consent of that colll pany or inl any way except oy order of court. The witness said that up to last July he had ieen allowed access to all the cillms, but not since. "And up to that time the Butte & Bos ton clompany had knowledge of all the work done there, did it ?" the lawyer asked. "I think so," was the reply. "Is the Berkeley shaft cast of the Michael I)evitt?" "The Berkeley claim is operated by the lutte & lioston company %" ") es, through the Silver how property." The witness said there are connections between the Berkeley and the Michael I)evitt workings and thait the latter work ings can be reached from the Berkeley claim oin the 6no level, but not below, that he knew of. 'The Berkeley claim is also connected underground with the Sno homish and Tramway claims. "Your impression is that the noise of the working you heard came from north of the Michael Devitt to south side line?" the lawyer asked. "Yes, I could hear the blasting very distinctly." said the witness. The lawyer wanted to know the character of the country rock in the Michael Devitt district. "It is very solid and massive in places. lilsewhcre it is shattered," the witness said. "What is the effect of solid rock on the transmission of sound?" the lawyer asked. "It is a better conductor of sound than broken rock," was the reply. "What is the rock like on the Michael l)evitt south line, where you say you heard these noises?" "It is broken," was the reply. "Is it not solid there ?" "No, sir." "Is there a raise going up from the Rarus to the Michael Devitt?" "There is a raise that goes up to the Goo level of tile Michael Dcvitt." "Where was the noise with reference to the raise?" "West of it." This ended the cross-examination of Mr. Moulthrop. Mr. Forlis then offered the papers in the inspection proceedings and in the equity and law cases between the parties in evidence and they were admitted with out objection. At the conclusion of the offer Mr. Forbis said: "That is our case." Judge M cHlatten opened the defendants' side of the hearing by reading the latter's answer, which denied all the allegations of the petition. The answer said that the defendants had not extracted ore from the enjoined ground, and denied that the inspection was necessary to the plain tiff. Then Judge MeHatten moved the court to dismiss the application for the survey and inspection, and to refuse to grant the order. He gave a number of grounds, numbering them from firstly to seventhly. He said the court had no jurisdiction to grant the order; that, from the plaintiffs' proofs thus far, the petition had not been made and was not being maintained for the purpose of enabling the plaintiff to prepare for the Michael Davitt trial; and that the petitioner had full access to the workings in the Michael Davitt through its own workings, and that the defendants did not object to the petitioner's using those workings; and that the court had no jurisdiction to grant the plaintiff access through the defendants' openings. "They want to go through our ground. They should go through their own ground, The bulkheads are put in there to keep them out," the IIHeinze lawyer ad mitted. Then Mr. Forbis opposed the motion to dismiss, and said: "If it please the court, I don't know just where to take up Judge 'McHatten's argument, whether to begin *with firstly or seventhly or some other portion of it. "But I do know that the injunction in this case has been flagrantly violated, and that the defendants in this case do not want the matter investigated. It is evi dent they don't want us to get into the ground and see what they have done there, "They say we want to go into the ground through their workings. Yet there are eight bulkheads in our own ground which we are denied the right to touch, and we can't go in, any way, without running the blockade. "They secured an order from Judge Good Millinery News Wednesday Lewis' busy Millinery Section, Splendid Purchase and Sale Wednesday. Miss Blume secured an Eastern representative's entire sample line of Model Street Hats at less than half their mealue. One hundred and eight of them in the lot; no two alike; trimmed and untrimmed; all the newest models In Tailored Street.Hats; some Velvet-and Jet Trimmed Hats; values worth from $2 to $7 each; arranged at two prices for Wednesday only. See windows. For choice untrimmed For choice trim'd C hats. Values to $2.75 $ 1 3 hats. Values to $7 *LEWIS DRY GOODS CO. om*in *.... •.mmmn, m Clancy last July revoking all permission to go into the Rarns workings. Not con tent with that, they have closed the Michael Davitt up with bulkheads and are mtining the ground and leaving it a shell. "I say the evidence shows this. It shows that the property is being ablio lutely destroyed in utter violation of your honor's order. "It is unpleasant for me to come into this court and make these charges. And I can't understand how any man can openly violate the order of this court. I defy them to show that we ever have violated the order of the court either in letter or spirit. "Vet they ask this court to refuse to investigate this matter, and they say it has no power to investigate it. If it cannot investigate it, the court had better be abolished, and leave this matter to the shotgun men and violence. "But the court must find out what is being done in any instance before the court can enforce its orders or stop the violation of them. Is it fair to deny us .protection for our property on the ground that the court has no power to enforce its injunctions ? "I ask your honor, if you cannot stop these parties from taking this ore, to dis solve the injunction, and let us go in there and by a scramble obtain what sharq, of it we can. But that is not the pur pose of courts or of law. "And I say if it takes the UTnited States army to uphold the laws, let it be brought in here. I ask your honor to bring the soldiers of the United States army in here and see if they are or are not stronger than the Montana Ore Purchasing company. "The law says that the parties to liti :ation shall have access to all the work ings in the disputed ground to protect their rights, and we demand to be granted those rights which the law says we shall have," concluded Mr. Forbis. lie then read decisions to the effect that it was right and proper that parties to litigation involving ledges in mines shall have inspections of the litigated property underground at all reasonable times in proper cases. The decision of the supreme court of the state in a proceeding involving mines of Butte, in which a writ of supervisory control was granted, was read, and it said that where one party was working the ground, it was right that the other should be allowed to examine the underground` workings with a few men. "I don't know of a mine in this camp belonging to us that these parties cannot get into," said Mr. Forbis. "In this case the evidence shows that the Montana Ore Purchasing company is running a secret drift in the Michael Davitt, and is working three separate veins and extracting the ore. "Yet Judge McHatten says the court has no jurisdiction to stop that; no jurisdic tion to enforce his order of injunction. We have as large bondl up in the case as have they, and yet they utterly disregard the fact and are taking out the ore in direct violation of your honor's order," heo added. d Mr. Forbis said the court had equity powers ant would grant an order of in spection wherever there was a reasonable ground for the suspicion that the court's injunction was being violated. "\What is a suspicion?" Mr. Forbis asked. "They are suspected of entering our ground and extracting our ore. That is the case here, and we ask the court to compel these parties to open these 'bulk heads and allow us a fair inspection of this property. "This matter is of vast importance," continued Mr. Forbis, " asn't this court power to discover whether your hone's order has been violated ? Hasn't this court power to open up this ground and take evidence for this purpose? "We've shown that we can't get into the ground unless we go west of the shaft. Yet Judge McHatten says we can't go in there. "To reach that secret drift we've got to go south of the shaft and west of the shaft and south again and then back east, and then we can reach that point. "They say your honor can't grant this inspection, and that in the meantime they'll mine out the rich ledges and leave the Michael Devitt a mere shell at the end of this litigation. "They say, your honor, that notwith standing the power and majesty of this court, you cannot give us this inspection, and that you can not let us into this ground," said Mr. Forbis. IMr, Forbis read a number of other decisions, showing that the court had the Dr. Lyon's PERFEOT Tooth Powder Used by people of rehement for over a quarter of a century APRPARED BY power to grant an inspection in such cJr iumstances as existed in the case under ,runsideration. "Why, your honor, even if they came intn this court and swore that the in junotion had not been violated, you would have the right to grant this inspection," the lawyer said. Mr. Forbis read the decision in the Parrot case, and showed that it was in tie power of the court to decide what cxpense the plaintiff should be allowed to put the defendants to in the case in order to make the inspection and survey. Mr. Forbis went on to say: "Now, your honor, if a man will de lilrately violate the order of the court, will he not also destroy all traces of his lork? Will not these parties do that? Are they not doing it now? "The case must be tried in the ordinary course, and that means some time from now, and in the meantime are they to be permitted to do that, I ask? "This is a case where these parties are running levels right up to our claim lines, and yet they say we are not entitled to an inspection of their workings. "Why, they say we know everything now. If we do, in the name of all that is open and fair, why all this secrecy? Why do they object so determinedly to our going in there? Why these bulk heads? Why these drifts that are hidden away in the depths of the earth and un accounted for?" said Mr. Forbis. lie then said that Judge McHatten had said that the plaintiff could get into the Michael Devitt to the place where the sound of mining had been heard, through the Butte & Boston's own workings. "If be can show us how this can be done, I should be glad to have him do so," said Mr. Forbis. "I defy him to -show anything of the kind. Lie knows he cannot. "We can get into one place where a bulkhead was blasted down. We can get into one other place where, time and again, we have found men filching ore from the enjoined ore bodies, but with complaints of which we have not troubled the court," said Mr. Forbis. "I suppose the defendants will say they did not do that either. But the ore went up the Rarus shaft, that is sure. We don't know that they took the ore, but it was hoisted through their shaft. We know that no ore has ever been filched by any one, by means of the Boston & Montana workings," said Mr. Forbis. "They say we want to know what is being done in the Rarus. We want to know what is being done in the Michael )Devitt; that's what we want to know, and that is the reason we ask your honor to grant this inspection. "\We are entitled to know what is be ilg done in the Michael Devitt," Mr. For bis ended. When he had taken his seat Judge Mc liatten replied to his argument, and the lcinze lawyer said that the adverse party wanted the Heinze side to bring in books and other papers to incriminate themselves and convict them of contempt of court in the violation of the court's injunction, and that that position of Mr. Forbis' was false, Judge Knowles overruled the motion with the following statement, when the lawyer took his seat: "An inspection may be granted where there is a well grounded suspicion that the property has been invaded by the op position party. In this case I think there is sufficient ground of suspicion to show a probability that the defendants are mining in the Michael Devitt ground. "This is a case in equity. This is not such a matter as a contempt in the pres ence of the court. "if an order of inspection is made in the case it will grant the plaintiff the right to inspect the Michael Devitt workings olly. The order of inspection will not be for the purpose of an inspection of the Rarus workings. "Now, they say there are workings be low the regular level of the mine, and this order, if it is made, will be to see if that i. so, and to see if the workings are within the Michael Devitt ground. "With these considerations in view, I will overrule the motion." It is not possible for the proprietors to publish more than a very few of the nu merous letters received in praise of Cham berlain's Colic, Cholera and Diarrhoea Remedy and telling of its remarkable cures. They copse from people in every walk of life and' from every state in the Union. The following from Mr. T. W. Greathouse of Prattsburg, Ga., speaks for itself: "I would have been dead now but for the use of Chamberlain's Colic, Cholera and Diarrhoea Remedy. It cured me of chronic diarrhoea after seven years of suf f'ing, I can never say too much in praise of the remedy." For sale by Paxson & Rockefeller, Newbro Drug Co., Christie & Leys and Newton Bros., TO DEPORT A CHINAMAN Helena, Oct. 3.--Wah Ah Bing pleaded guilty before a United States commissioner to. day to being in the country on a fraudulent certificate and will be deported. Chinese In. spector F]bery says it is the cleverest forgery he ever saw. It was executed in lan 'ran* qiaco in 894 f 0 * JVeto Arrkialr Seasonable Offerinj Chrysanthemum Vases. Statuettes, China Beer Tankards, Steins, Whisk Prizes in China and Glass. Fine Lamps. Bric-a-Brac. Aluminum Souvenir Plates of Butte 50c Each. THE PALAIS ROYAL CO. 78 East Park Street. ALLEGED BIGAMIST WEDDED IN BUTTE LOUIS A. HARVEY ARRESTED IN NEW YORK ON COMPLAINT OF FIRST WIFE. SECOND MARRIAGE IN BUTTE Justice Clancy United Harvey and Miss Doan Here in 1902-First Wife a a Vaudeville Performer. Louis A. Hlarvcy, who married Miss Leona Doan in this city in the year ogoa, has been arrested in New York on a charge of bigamy, preferred by a former wife. At the time of Harvey's marriage he stated that he had been married, but had secured a divorce from his first wife in Cincinnati, Ohio. Just how good this divorce is will be tested by Mrs. Harvey No. Y, who wants her husband punished for taking unto himself another spoutte. A Vaudeville Girl, Mrs. Harvey No. T, it is said, was a Miss May Yale, a vaudeville performer, hailing from somewhere in Ohio. Recently Mrs. Harvey No. t went to reside iln New York. and there ran across her former husband. She immediately discovered that her place in the affections of Harvey was now filled by another. This made her angry, so she rushed to Justice Pool in the Jefferson Market court and had Harvey arrested on a charge of bigamy. Mrs. Harvey No. a was present and declared that she was legally married to Louis A. Har vey in Butte during the year 1902, and that she was proud of it. Married by Justioe Clancy. After hearing the case the court decided to hold Harvey until the records of the dissolv ing court could be searched. IIls bail was then fixed at $t,ooo. The records of Silver Bow county show that Louis A. Harvey and Miss Leona Eikler Doan were married by Justice of the Peace William A. Clancy on November 16, tloa. Jack Led. widge, court stenographer, and Frank Rippe, of the Rippe Cafe, were the witnesses, KNUTH LOSES $110 W. E., Knuth, who conducts the cigar stand in the California Brewery, has discovered that he has been robbed to the tune of about $sto. He is of the opinion that his loss will foot up more than that when he has taken an inventory of his stock, The first discovery was made yesterday when he found that $49.so, which had been left in the cash register over night, was missing. A further search was made, and it now develops that beside the money in the register the two slot machines had been touched for $is each, and that $a5 In change usually kept in the place, was missing,. A young man recently employed by him has disappeared, and it was announced in the sheriff's office that he is being sought for. oavgeeC eSb m.Pq, sU ' 7 V uI 1.35. [astman's KODOID PLATES 1-3 the weight of glass, Used in any kind of plate holder without kit or adapter. 3/ x.4/ - 45e 4 x 5 • " 65c 5 x 7 - -$1.1o Eastman's NON-CURLING fiLMS . . Do not curl, therefore doing away with the glycerine bath, Same price as the regular. Kodak Developing Machines Do Away with the dark room. $2.00 to $10.00 Velox Postal Cards All the new things in pho tography. PAXSON & ROCKEFELLER Red Cross Drug Store 24 West Park Street, - Butte 'PhAone 74. Hansen Suit Continued. Dr. Hansen's $5o,o00 libel suit against the Miner, which had been set for trial in Judge npowles' court at to o'clock this morning, was continued to so o'clock tomorrow morning, other business occupying the court today. A complaint was filed with Justice Colligau today charging J. B. Brown with the theft of $38. Tom Maloney is the complaining witness. The case is being tried this afternoon.