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The Butte inter mountain. (Butte, Mont.) 1901-1912, October 13, 1903, Image 10

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.eoo'nS
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.

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