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FRAIK H. CON.EY'S SUIT FOR DAMAGES IHE ASKS $10,000 BECAUSE A NORTH tERN PACIFIC COINDUCTOR PUT HIM OFF TRAIN. HE SAYS HE HAD TO WALK tlad an Oregon Short Line Mileage Book on an N. P. Train, but It Was Not Honored. 'Within the past three weeks the North ern Pacific railway have had to defend three damage suits in the United States court. First came the Vincent Rooney case, wherein the plaintiff wanted $.5,000o for injuries received at the Montana Union depot. 'This resulted in disagreement, and w 'ill be tried again. The early part of this week has been occupied with the action instituted by John Sloan, who s anted recompensl e for injuries received from being run down on the hill by a Northern Pacific ore train. Sues for $10,000. No sooner was this case decided in iavor of the defendant than Frank II. Cooney came to hat with a claim for $10o.n damages for being ejected from a train between Butte and Deer Lodge. The suit of Cooney grew out of trouble Which occurred on June 13, 1899. In Mr. Cooney's action for damages he states than on June 23, 18!9, he boarded a train on the Northern P'acific en route west, and had ridden about ten stiles when the conductor asked for his ticket. He produced a mileage book from the Oregon Short Line, and presented it for passage. The conductor informed hint that it was Iot good for transportation on the North ern Pacific, and after a few minutes' argumenet, stopped the train and made ICooney get off. The latter alleges that he was compelled to walk to (;regson Springs. :Mr. Cooney at that time was traveling for Cooney Brothers, a firm of which he was a metmber. He contends that at the time he presented the mileage the Oregon Short Line and the Northern Pacific had & passenger agreement whereby tickets on one road were good on the other. He Had to Walk. MIr. Cooney asks that the road he com pelled to pay him the sumn of $so.uoo as gompensation for the wrong done him in snaking shim leave the train in an out-of the-way place and walk to the nearest Station. Ma\r. Cooney is represented by Attorneys George Shelton and C. P. I)rennan. while V'illiam Wallace. Jr., is taking care of the railway company's interests. The case is now under way, a jury having been selected this morning SHARES OF STOCK IN BETSY ROSS' HOUSE They Are Only 10c and Only One Share Is Allowed Each Purchaser-An Historic Monument. In the matter of shares in the Betsy no-s Flag House, . . .. Clinton is esper cialiy rich at this time. While in the cast M1r. and Mrs. Clinton visited this historic house and Mrs. Clinton invested in a share of the stock, each share costing so cents. There are yet ..o,ooo of the :,ooo,ooo shares unsold, so \Ir. Clinton brought back with him o2 shares to he sold to his friends. As each person is not permitted to buy mnore than one, here is a chance to get in as a stockholder in the house wherein was made the first flag of the United States. Betsy Ross was the one in whose mind was formed the picture of the most beau tiful flag in the world. Park county offers a stwara of five hundred ,:.llars for the arrest and conviction of party r parties dynamiting bridge Just east of Liv ngstoa. Sunday; August a Suit for Divorce. SPECIAL TO THlE INTER MO(INTAIN. ".issoula, Oct. as.-Joseph Burgoyne of f :llilton has commenced a suit for orce in the district court here against wife, U. Zelta Burgoyne, charging 'Itery. jained Four Pounds a Week MRS. LUCY M. COOPER, 79 Carlton Ave., Brooklyn, N. Y., Gained Four Pounds a Week, Thanks to Sfly's Pure Malt Whiskey "I have used Duffy's Pure Malt Whiskey for the past 1I years, and can truthfully say it has cured me on several occasions of the grip, and once of a severe attack of rheumatism. I gained In strength and flesh, gaining four pounds a week. I helieve if any one used Duffy's Pure Malt Whiskey they would not have any serious illness. It will keep off a cold, or cure one. I am sixty-one years old, and don't look more than 42. I have recom snended it to many of my friends, and all say it helped them, and are satisfied with its bene. fits. I think it is the finest stimulant in the world, and would not be without it." Mrs. Lucy M. Cooper. Mrs. Cooper once recommended it to a stranger WHItO IHAD CONSUMPTION and S lswho was seized with a paroxysm of coughing. When he finally stopped coughing he replied: "I have tried everything, madam, and have S lost all faith in doctors and drugs, but I will take your advice." Several months after this she met the MI stranger, who said: "Madam, 1 want to thank you for saving my life the day you told me to take Duffy's Pure Malt Whiskey. You are the best doctor I ever knew. I am now able to attend to business, and my cough has disap. peared." He is now a well man, and goes to his Office daily. Mrs. Cooper spoke to him through pity when she saw his condition, and is glad to know slhe helped him. DUFFY'S PUIRE MALT WHISKEY Is invaluable for overworked men, delicate women and sickly children. It strengthens and sustains the system, is a promoter of good health and longevity, makes the old young and keeps the young strong. Duffy's Pure Malt Whiskey is the only whiskey recognized by the Goverrnment as a medicine. This is a guarantee. 7,0oo doctors prescribe and a,ooo hospitals use Duffy's Pure Malt Whiskey exclusively. CAUTION.-When you ask for Duffy's Pure Malt Whiskey be sure you got the genuine. Unscrupulous dealers, mindful of the excellence of this preparation, will try to sell you cheap Imitations and so-called Malt Whiskey substitutes which are put on the market for profit only, and which, far from relieving the sick, are positively harmful. Demand 'Dufy's," and be sure you get it. It is the only absolutely pure malt whiskey which con tains medicinal, health-giving qualities. Look for the trade-mark, "The Old Chemist," on the label. The genuine Duffy's Pure Malt W\hiskey is sold by all druggists and grocers, or direct. Never sold in flasks or In bulk. Write for free medical booklet containing symptoms and treatment of each disease and convincing testimonials to the Duffy Malt Whiskey Co,, Rochester, N, Y. MONTANA LIQUOR CO., State Selling Agents, Butte, Montana, SCOTTISH RITE IS BUSY AT DEGREES CEREMONIES TONIGHT UNDER THE AUSPICES OF THE KNIGHTS KODASH ARE PLANNED WILL ALSO BE A BANQUET Tomorrow Night the Masons Will Sit Down to a Spread After Conferring Some High Degrees. Tllh estniont f tihe Sicottish Sites Masons were contiltnuel' t|hritough today and degrees from niittrtlih Ito thirlietlh exclusively were conferred on the candidates. tlttulc acconm ponied the cerermonic. iand the Asingers added nmulch to the solermnity of lie occasion by the rendilin ohf .evcrnil of the plh+i . 'iThe pro. gram a. carried out i nas follows: W\ednteday, Itctober .:.- \edne.sday s pro graIm ill be condlte.,d by iplhC ('counil Knixghtl, No. 2, i, degree to S3 degree inclt. sive. f inaili It. 1 ;ll1, 32 degree, com I1:t', n. In. Special Ilt tinl u Illtle ('Connell of lladowh, No. 2, fit tlhetion and rcerption of randidatrs. o:1.n i. in. Grand pontiff, sq degree, degree. I liI I. .'-hwefel, 32 degree, ventr abic mtii ilr. 1:.t1 ;. i. . at lll itr ' or lPrussian Knightl. t Rrgreie.i I ttIh| it'. t;n llir., 14 degree, litl(t. ant commnllalllr. 3: t , I . n. Knight of I he ya'. l Axe. prince of I.thanu+, .2 degree. ()wen L.. J)il leIihl l, 3i td c Atre, o t t detr. 4:.0 p. o I. (thilt of tat crtllt , 3to er , h3 degree; prin.e of the Ihernalr, 24 degree; knight of the brazen sarpent, ..-v degree; prince of mercy, .rt.i rre,; knight cul and ter of the temple, .t7 degree; knig t he r ntlll. 2 degree i cotlinsh I night ,f St. Andrew, .4) degree. Tonight the ter, nmIn, will he under the older of Knight Kodash.. oth degree, with Donald it. (hillir., Jud dcgrce, as preceptor. Tomorrow will hee the conferring oft the 31111t and ,-d dhgrre.. and in the evening a hanquet will he strvtrd in honor of the canIt lnates who lhave eitr'n rcceived into the order throulgh thle neceossary degrree. ()nly ctlem Irs of the S.'ltitoh kitel , l nltmbriig 1.5, will Ill plre.enlt t1 tihe banquet. MERIT HIS CRITERION COMMISSIONER WARE GIVES THE CIVIL SERVICE CLERKS A LITTLE LECTURE. RY AS..I 'I.\ fI .'t) t'1l...S. \\ilalill.ltn. (Oct,. . Ab)oult 40 clerks em playedl to the pnension office yesterday rectivedl tlOmotions utan afte'r the anlnotutcelttllent was:i made C('mllnissionrr \\Ware called thetla into his tffice for a lectulre. lie told them they had been pronmoted oil tlheir re.stecitive reclordls n1111 o. tlhe recommendationlli of itmediatelm sutptrio in office uniy. lie advi-ed the elert.. to teck the commend. atilln of lonlly their chief-, and lladdedl tihat any employe putl in Iy anl outsider anid with tlhe knowledge of the emplo.ye, would hnve the effect ot d.charring the employe. from idaldtance "I ntm dletrmined." her said, "thatll pr.ono-l tions ihall be on merit only, and not becaull. this personlt may ie the brlttt'r-in law of a gvernir olr the inephew of it se'nator. "'Ni man can be loadedil ontt to the ohlice'r he .attc lie cani't ml e lke 1t l ing on th th .s idt ," LIGHTING UP A BIG CLOCK City Hall Time ,May Now Be Told at Night From Any Side. Th]e city hall clock may be seen tonlight front all sides, so that ihe who runs may read. In the p;it the oly dial that has been graced with light was the west, but now the four sides will be illuminated. Chief Sanger of the fire department and Electrician James Keefe have been working today on the big clock anul by tonight it is expected that the lights will he in position to give the time to the passing throng on every side. Train Ditched. StPIt'IA.L 0 Ti oe IN'iR MOUNTAIt N. Missoula, Oct. i1.--A broken flange ditched the caboose and two box cars of an extra eastbound freight on the Northern Pacific, three miles west of l.othrop and 35 miles west of here, last night. The crew escaped injury, but was delayed sev eral hours. SOUIH PORiLARD'S LUCKLESS CAREER UNDER ANOTHER NAME, SHE WAM ONCE 'SEIZED BY UNCLE SAM'S OFFICERS. SAID TO BE A FILIBUSTER Vessel Was Twtoe Wreoked--Coroner's Jury Sits Over Remains of One of the Victims. nW ASSOCIATED PRESS. New York, Oct. ar.-Known as the Caroline Miller, the steamer South Port land, just wrecked on the Pacific coast was seized II years ago by the federal authorities in this port on suspicion of being a filibuster. She was boarded on the strength of a report that the cargo carried was con trabani,, consisting of munitions of war for the insurgents in Venezuela, headed by (;eneral Joaquin Crespo. The minister from Venezuela insisted that Fracesco (;onzales, as agent for Crespo, shipped the war materials, but the government had to recede from its position, and in April, a189., a verdict of $60o was awarded against the United States for illegally de taining the ship. Ctptain John O'Brien, known as "Dyna mite," who achieved considerable fame as blockade runner in Cuban waters, comn manled the Miller. Portland, "Ore., Oct. at.-The Portland agent of the steamship company gives the following as the complete list of the South Portland's passengers when she sailed from Portland Sunday: Cabin--Mrs. Fletcher Bent of Nova Scotia; Guy Bent, her son, aged za; H. Wlebber, S. IBaker, of Alameda; J. S. La hey, Mrs. W. E. Tyrrell, of Portland; Mrs. Tyrrell's son, aged 14. Steerage-A. I.. Bailey of North DaL' kota : F. Meringe, C. Hallenbeck, D. McKay, Paul Reininuth, J. C. Wright, 3. Watson. Most of the passengers were from East ern states, 1Iound to California. So far as could be learned only two were from Portland, Mrs. Tyrrell and her son. Port ()rford. Ore., Oct. 2r.-According to the reports from survivors, it was from 2 Illinultes to onll hour after striking the reef until the South Portland sank. She carried 34 people, all told; 14 pas sengers and a crew of 5. of whom five passengers and ra of the crew were salved. Of the crew saved were: J. B. ,Mcin tyre. master: ; J. N. Rainner, seaman; Manuel 'Petzononis, cook; Charles Bruce, first officer; James Ward. chief engineer; T'. 'izznti, second assistant engineer; John MrcKeon, oiler; John Dlriscoll, oiler; William Hughes, fireman: William Robin son, fireman ; James Allwood, seaman; C. Johnson, seaman. Charles Hlusoln, first assistant engineer. died from exposure after being taken into' tIhe life boat, from the raft. The passengers saved were: Guy Bent,. 1. years of age, from Nova Scotia ; Lester_ Itaker of Alameda. Cal.: Al Bailey of ILeonardI, S. D.; William Wilson and II. We.hler. The cronellr's jury was in session last night and the testimony of survivors of the wreck in relation to the death of t'harles lluson, first assistant engineer, shows Captain lMcIntyre left the vessel in lhe first officer's boat. No. a, at the re quest of First Officer Biruce, IS minutes ibefore boat No. I left the vessel and that the vessel steamed .i miles from the point of striking the reef after the captain had l ft. in the meantime the crew constructed, impromptu rafts from the hatches, etc., for the purpose of saving the remainder of the crew. The vessel is supposed to have struck on North Swash rock. III launlching the boat they evidently dumped the passengers and crew, as No. I boat is still adrift without occupants. No. a boat, in charge of Captain Mcin tyre, landed at Port ()rford beach at 5:3o a. in, yesterday with seven persons aboard. This boat, manned by two survivors and Port Orford men, put out in search of the raft and succeeded in finding and landing it at Port Orford, with the re maining survivors, at ia:3o p, m. Chief Engineer Ward, in charge of the life raft, reports having seen an im-' promptu raft containing six people after the vessel had gone down and it is sup posed they are still adrift. The tug of the Simpson Lumber coin pay and the Bandon life saving crew are using their best endeavor to rescue any other survivors. IMrs. Bent and ,Mrs. Tyrrell, the only ladies on board, are known to be among the missing. First Officer Bruce, who was on the bridge at the time of the disaster, and Chief Engineer Ward are given full credit and praise for their conduct during the excitement. The South Portland was valued at $5o, 0oo and insured for $z5,ooo. The cargo of wheat she was bringing from Astoria was valued at $30,000. It was fully covered by insurance. The South Portland had visited Davy Jones' locker twice before and has bumped the high places of the ocean floor on va rious occasions. On a latter occasion she took fire while tied at the Seawall and for her salvation had to be filled witkh water until she foundered. The South Portland began her career' as the British steamer Dawn. She saile4 to America and entered the fruit trade between New York and Baraeoa. On her first voyage, however, she was wrecked on ,Hogaty Reef on the north coast of Cuba. She was afterward raised, repaired, purchased by a syndi cate, which secured for her, American registered and changed her name to Caro-. line Miller. The Caroline Miller traded along the Atlantic coast for some time and wal, finally purchased by the Progress Steam ship company, renamed South Portland and brought out to this coast and hasr, remained ever since. oel A few weeks ago she changed owners., NOTICE Notice is hereby given to the public that E. C. Kuhlo is no longer connected with the optical parlors, and that I employ UQaen84. or peddlers. Shodalr block, No. n48 Wet Park street, Butte, Mont. All accounts due same must be paid to the undersigned, DR. MARTHA FRANK, Proprietor of Optical Parlors, Shodair Block, Butte, Montana., Theu Plastei are scientilfic and harmonious combination of healing and strengthening gums, together with the Salts of that post! wonderful of Nature's.Lake.J~ ledicJ Lakej Washlngton. l Plkster" before . ci mbqed, combins ' such peculla curative and strengthenig qualities, sa4 we conSdently asert that this is the .best and most highly curative Plaster ever compounded. They give' . Instant sad soothing reliel, will be found the most ecellet Plt4tor) you have ever used,. satd will cure Throat.. ' Chest and Lung' Dlfficultie, Kidney an&d Bladder Affections, Lumbago, Weak Back' Backache, Rhoumatihm, Pleurlsy, Coughs.' - Grippe, Cramp, Stralns SpraInl, Lame. eas, Stffness and Inflammation of the Joints or Muscles. {. Medical Lake preparations are not ptent' medicines ' A rledicat Lake Tablet dissolved in a glasst of water, akes a delightfully dellcious cooling beverage. People of Gouty or Rheumatl tendeucies are bnedaed quickly by drinking Medical Late Water. i SLaBuk Tw~t MEDICAL LAKE SALTS MGa. CO., Sole Mfir. ft ?we NBW YORK AND SPOKANE, WASH. Dave henea) Patot BS0. MBDISRL LRKB bRALTIS-POR SALB IN BUTTB BY J. T. Finlen, 32 N. Main St.: Paxson & Rockefeller, a4 W. Park; City Drug Store, yM3 E. Park; Trevorrow, 44$ E. Park; Wilson Drug Co., 4Jz S. Main. FOR SALE IN ANACONDA BY Standard and Owl Drug Stores; Smith Drug Co., sa Main St.; Geo. W. Sparrow,.sao E. Park. FOR SALE IN IIELENA BY Schonborn Drug Co., 16 S. Mlain St.; City Drug Store, sta 8. Main St.; J. B. Luckwood, s37 N. Main St.; Frank C. Sutphen, Diamond Blk., 6th Ave. W. FOR SALE IN MISSOULA BY 0. F. 'cterson, at6 liggins Ave.; Smith & Simons, Higgins Ave.; Missoula Drug Co.; Freshelmer Drug Co., Wholesale Distributors. Montana Drug Sompany, Wholesale Distributers. COURTNEY ESTATE CASE CONTINUED JUDGE MoCLERNAN CARRIES MAT TER OVER UNTIL TUESDAY, AS DEFENSE IS NOT READY. THEY SEEK HIS REMOVAL Courtney Heirs Want Dennis Courtney Deprived of His Position of Administrator. The Courtney estate matter was up be fore Judge .McClernan this morning for a short time, but nothing was done in it further than to continue the hearing till next Tuesday. In this case the devisees, or some of them, of the late Thomas J. Courtney are endeavoring to unseat the executor ,f,-the estate, Dennis C. Courtney, on the ground that he has mismanaged the prop erty and has been guilty of neglect and other misfeasance in office. The Daly Bank and Trust company and the administrator's brother, Patrick, and his sister, Mrs. Ann Whitty, are all en gaged in an effort to remove him from the office in the estate that he holds. Not Ready for Hearing. When the case was called this morning, Attorney C. P. Connelly, who represents l)ennis Courtney, addressed the court and said that 'he was not ready for the hear ing upon the objections made to his client's report in the Courtney estate, and upon the petitions for the removal of the latter as administrator. Attorneys Noon and Alley, who repre sent some of the petitioners for Dennis Courtney's removal, had told Mr. Con nelly, he said, that they were not ready to proceed with the hearing. That was yesterday. "T-his morning I was surprised to dis cover that they were ready and wished to proceed," said Mr. Connelly, "in view of what they told me yesterday. Relying upon the statement made then, I did not prepare for the hearing, and I should like to have time for that purpose." Case Continued. Then Mr. Connclly informed the court that Attorney Charles R. Leonard would appear in the case as associate counsel with him, and that Mr. Leonard would be busy in the United' States court and else where on ,Monday next, but would be free after that. So the court continued the case till Tuesday next. Air. Noon, who was present in court, said that he had no objection to the con tinuance, caid in explanation of why he had not taken some step in the case, said: "I was not able to find your honor yes terday." The court promptly returned: "Well, that's funny; everybody else was able to find me," and then made the order of continuance. T1he Daly Bank and Trust company is re presented in the case by Attorney A. J. ('ampbell, and Patrick Courtney and Mrs. \Whitty wishes to have Attorney T. F. Hogan look after their interests. The contest over the petition for the removal of Dennis Courtney front the administra torship and the objections to his account in the estate may prove interesting. The Petitioners. ( ,Patrick Courtney and Mary Ann Whitty, brother and sister of Dennis C. Courtney, have formerly asked that the latter be removed from his position of executor of the estate and have filed a petition in the district court charging him with fraud, Mnismanagement and embezzlement of the estate. It is only a short time since L. P. For estell, acting as a referee in the estate of T. F. Courtney, made a report clearing Dennis C. Courtney of similar charges made against him by the Daly Bank an4 Trust company. When making the charges the banking company said explicitly that Courtney had failed to report to the court, as an asset of the dead brother's estate, an interest in a minin lease on the Colusa-Parrot claim, valued at about $1,40o. The referee excused tiis act of the ae6used by saying that the litter did it for the purpose of carrying out the wishes of the decedent, who, during his lifetime, concealed the fact that -hd-had an interest in the lease. Charge Revived. Mrs. Whitty and Patrick Courtney re vive this charge against their brobthe an4 also say that his wife had possessiOn of $,40oo belonging 'to he estate at the death of T. C. Courtney, and has never ac counted for any part of it, except $aS. They add also that T. C. Court ey's in terest in the lease mentioned was a two thirds' interest and not one-third, as re ported by the executor. They ask that the latter be removed and T. F. Hogan be appointed as admin istrator of the estate in his place. WATERPROOFING ROADS Automobile owners and the driving pub lic as well watch with interest an ex periment made at Westfield, N. J., yester day in the use of tar sprinkled over a ma cadamized roadbed to abolish those twin nuisances, dust and mud. La France this scheme has been tried, it is said, for some time with much satisfac tion to the automobilists. The plan is sim ple. The surface of the macadamized road is cleared of dust and loose material. Then boiling tar is sprinkled over the road light ly and the screenings put back and rolled. The tar sinks into the hard bed, binding the stone anew and forming a new face on top. It is claimed that it also waterproofs the roadbed anu adds new life to it Macadamised roads turn into dust and blow away. Ruts are formed by constant wear, in soft sppts and, when It rains a pasty mud collects that .s just as objec tionable as is the dust. The tar sprinkling is intended to do away with all this. In the experiment yesterday a piece of an ordinary country road, :6 feet wide, just outside of Westfield, N. J., was taken. Two sections, about :,ooo feet long, were used. On one the tar was run over the roadbed with the dust and screenings just as they lay. On the other, the road was swept to the hard surface and then the tar was applied, in both instances the re sutilts secm.t to meet with the approval of the road-making experts present. The tar was put on in a very crude fashion by hand from a big watering can. It had penetrated nearly an inch after be ing on the road only three nours, and in a short time after it was laid there was no tracking on it, and it did not splatter on wheels driven over it. H. W. Merkel, chief forester and con structor of the zoological section of Bronx Park, said he was very favorably im pressed by what he saw, although the con ditions were most unfavorable. He is go ing to try it on the Bronx Park next week on a section of East River walk, along the banks of the Bronx. A section of Cropsey avenue, Bath Beach, Brooklyn, is also be ing experimented on, under the supervi sion of Director of Highways Fort, The cost of treating a road in this way with tar is estimated at between $400 and $Soo a mile for a road 16 feet wide. This would require 3,ooo gallons of tar to the mile.-New York Herald. The Automobile and the Cart Horse. A Swift Automobile once swept proudly past a Tired Cart Horse. "Hello, Old Stick-in-the-Mud I" it called, tauntingly. "Back to the Boneyard, you Dead One l" So saying, it disappeared in a Cloud of Steam. A little farther down the Pike, the Tired Cart Horse came upon the Swift Automo bile, now Busted. "Aha I" said the Steed, with a Horse Laugh, "who is Stick-in-the-Mud now? You are i,* :.i far from your Happy Home." While the Cart Horse was thinking up other Biting Sarcasms of this Nature, they hitched him up to the Damaged Vehicle and he was compelled to yank it laborl ously to the stable, 14 miles away on an Up Grade. This fable teaches us that it is Wrong to gloat over the Downfall of our Ene mies, until we are sure they can no longer injure us.-Smart Set. CHOICEST fURS LATEST DESIGNS At prices, quality conslderedth at defy competition. Seal Coats made to order or in stock from ;ass.oo up. Pergan, Otter, Beaver Jacket, Istest style, from Ittl.oo up. Extra fine Coast Seal Jackets from $45.oo up. Fox Scarfs in Sable and Isabella color from $6.50 up. Lynx Pellerines in Sable and Isabella color, very graceful and stylish, from j4a.oe up. Mink Scarfs and Pellerines of Mlink, Sable Fox, Lynx, Squirrel, at very attractive prices, Repairing and Remodeling oa Reasonable RaWas RAUN & RJIHT'ER Succeusols to R. Koonno, Our' Number is * N, Mala St; Butte, Mont. NORTHERN PACIFIC GIYES IN A POINT CERTIFIES TO NAME OF AGENT IN THE DAMAGE SUIT BROUGHT BY BERT A.LLEY. SHORT SESSION OF COURT Judge H-arney Adjourns Until Friday, When 4He Will Take Up an Order Searing on Minnie Healy Case. Judge Horney held a short session of his department of the district court this morning and transacted a little business. In the $7,S00 damage suit of Bert Alley against the Northern Pacific Railroad o90s pony, argued upon a motion before him yesteE. day, and in which he took the motion under advisement, he was not required to render a ruling, for the railroad company conceded all that the plaintiff asked which rendered the ruling unnecessary. The motion asked the court to compel the defendant to show its payroll to the plaintiff so that he might learn the name of the station agent at Sappiagton, Montana, who figures ip the suit as the agent of the railroad, which is charged with causing the latter to inflict an injury upon Alley. The Charge. The agent is charged with beating and maul. ing Alley, and thus vicariously causing the railroad to damage the latter. This morning Attorney L. P. Sanders, repre senting the railroad company, announced to the court that the agent's naime is Egan, and since that was the avowed purpose of th! demand for the payroll, the motion was satis. fled by the announcement. Adjournment Taken. An adjournment of the court was then taken to Friday. On that day the court will con vene again for the purpose of hearing and settling two bills of exceptions. One of the bills is in the suit of the Thornton-Thomas Mercantile company aglanst Bretherton. The other is upon an order made by Judge Harney in the Minnie Healy case, at the time he set the case for a new trial and transferred it to Judge Clancy's court. WILLIE RALPH IS RECOVERED Lad Survives a Hard Attack of Dread Pneumonia. Willie Ralph, the p-year-old son of Mr. and Mrs. William Ralph of East Meader. ville, who was very ill with pneumonia for several weeks, and expected to die, has recovered from his illness. The Ralpha were formerly residents of 45 :Missoula avenue, Centerville, and the case of the little one aroused much Inter est among the many friends of the family. Although a surgical operation had to be performed upon the boy for the relief of his lungs, and he lay in bed nearly two months, this being his third attack of pneumonia, he is now able to be out and play. Nothing in Parker Rumor. It was stated authoritatively today that there is no truth in a rumor published by a morning paper to the effect that Charles Astor Parker, a well-known theatrical man, was to come here to assume charge of the Montana circuit for the North western Theatrical association. Mlistaken Identity. The Lady-What right have you to enter my room in the middle of the night I Burglar-Now, don't scold me, ma'am; I'm not your husband.-Smart Set.