The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, November 09, 1903, Image 1

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The Butte inter mountain. [volume], November 09, 1903, Image 1
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The Butte inter mountain. [volume] (Butte, Mont.), 09 Nov. 1903. Chronicling America: Historic American Newspapers. Lib. of Congress. <https://chroniclingamerica.loc.gov/lccn/sn83025294/1903-11-09/ed-1/seq-1/>

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THE BUTTE INTER MOUNTAIN
VOL XXIII. No. 100. BUTTE, MONTANA,MONDAY, NOVEMBER 9, 1903. PRICE FIVE CENTS
SURVEY ORDER
DECLARED
LEGAL
Supreme Court Decides B.
& M. May Go Into
the Workings.
COURT DENIES WRIT
SupervisoryControl Which
Heinze Sought Was
Turned Down.
WEEKLY INSPECTIONS
B. & M. May Go Into the
Mine Regularly Until
Further Notice.
SPECIAL TO THE INTER MOUNTAIN.
Helena, Nov. 9.-In an opinion by Chief
Justice Brantdy, the supreme court today
denied the writ of supervisory control
asked for by F. A. Heinze to set aside the
order granted by Judge Clancy and de
cided that the Boston & Montatra should be
entitled to permission to survey the Min
nie Healy through the Piccalo and ,am-u
betta workings and accordingly affirmed the
order of Judge Clancy granting the sur
vey. The B. & M. is permitted to survey
all openings into the claim excepting the
one extending to the south and into the
Snohomish and Tramway mines. The B.
& M. under the terms of the order is per
mitted to make weekly inspections until
the appeal in that case has been decided.
Court's Opinion.
In the course of its opinion the court
said:
"It appears from the evidence that work
is being conducted in the claim and that
development is constantly taking place.
Openings made are timbered go that they
may not afterwards be examined without
difliculty and expense. Some of them are
filled with waste from time to time and
the facts and conditions shown by them
thus escape attention.
"This condition of things has existed
since the dismissal of cause No: g16i, since
which time the defendant has not been able
to make weekly inspections authorized un
der it.
"Furthermore, it appears from the evi
dence that the initial point from which sur
veys and underground workings are made,
shift their positions from time to time be
cause of movement of the earth or are
destroyed by mining operations and then
it is impossible to take up a survey after
it has -been. discontinued for some length
and make the openings which have been
made in the workings in the meantime ap
pear as extensions from any former sur
vey with any degree of accuracy.
"It does not necessarily follow that be
cause some of complainant's witnesses tes
tify that the vein in controversy passes out
of the Minnie Healy ground at the 3oo
foot level and is wholly disconnected with
other veins in the Minnie Healy ground,
that the defendants should not be per
mitted to examine such workings and de
termine for itself whether or not these
conditions actually exist."
The decision says that it is perfectly
legal that the employes of the B. & M.
should be allowed to go in through the
IMinnie Healy as the only means of ingress
and egress.
In conclusion, the opinion says the B. &
M. must pay the cost of inspection.
IN ST. LOUIS FAAUDS
BY ASSOCIATED PRESS,
St. Louis, Nov. 9.-John R. Murphy,
clerk of the St. Louis court of appeals,
denied as forgeries the signatures to 1o
naturalization certificates shown him at
the trial of the naturalization fraud cases.
When asked in whose handwriting the al.
leged forgeries were made, he said:
"To the host of my judgment it is the
handwriting of Thomas E. Barrett."
SLEEPING GIRL HAS EXPIRED
For 47 Days She Remained in a Coma
tose Condition at Hospital.
BY AssOCIATED PREss.
Salt Lake, Utah, Nov. o.--Diecssie
Knecht, the "sleeping girl," whose case
has attracted so much attention in medical
circles throughout the country, is dead.
Miss Knecht was taken to a hospital last
February in an unconscious or sleeping
condition and for 47 days she remained iu
that condition.
Later she partially revived, but soon
sank into a comatose condition again, and
never fully regained consciousness.
ADVANCES HEARING TO JAN. 4
U. S. Supreme Court Will Take Up
Northern Securities Case.
DY ASSOCIATID P11ESS.
Washington, D. C., Nov. g.-The su
preme court of the United States today
granted the motion recently asked for on
behalf of the state of Minnesota to ad
vace the hearing of the case of that state
vs. the Northern Securities company and
named January 4, after the other cases al
ready set for that date as the time for
hearing the case.
WEATHER-Washington, Nov. 9.
The weather indioations for Montana for
tomorrow are: Rain or snow with rising
bmoerature.
COAL MINES DARK
THROUGHOUT STATE
NOT A PICK SWINGS IN COLORADO
TODAY AND TROOPS ARE HELD
READY TO MOVE OUT.
EFFECTS FELT IN THE CITIES
Denver Will Want Coal Very Soon
Utah and Wyoming Camps Are Not
Affected So Seriously.
RY ASSOCIATF'D P1:ES,
Denver, Nov. 9.-lInftrmation received
from the coal fields of Colorado today In
dicate that the strike of the coal miners
will be more extended than anticipate~.
It is reported that the order of the execu
tive committee of the United Mine Work
era of America, declaritng a strike in I)is
trict 15 for today, has been obeyed in
Colorado almlost to a man.
Certain mines where it was confidently
believed a sufficient number of men could
be retained to operate them, have not
enough men today to make a showing.
In the northern fields, where the tnc;
decided to strike upon their own relt
endum vote, because they have not been
granted an eight-hour day, the walkout is
complete.
Unusual precautions have been taken
by the sheriff of Las Animas county, itl
Southern Colorado, where it is feared
trouble may break out at any time. It is
reported that strikers have threatcne.l vio
lence if they are ousted from the cottages
of the Victor Fuel company and the Colo
rado Fuel & Iron company. The state
troops are being held in readiness to re
spond at a moment's notice to a call from
the governor.
Already the effects of the strike are
being felt in this city. Practically all the
dealers announced today that they had no
coal. At the retail offices of the Co!orado
Fuel & Iron company orders were taken
for not more than one ton from each cus
tonmer, subject to two weeks in delivery.
No Strike.
BY ASNO(I(IA1E I'HEIRS.
Cheyenne, \Vyo.. Nov. 9.-Union Pacific
officials announced today that no strike
has occurred at coal mines along their
lines. D;spatches from lHanna, Cum.,:r
land, Rock Springs, Spring Valley, 1)ia
mondville and Cambria say the miners are
working as usual.
No Trouble Expected.
Yl ASSOrtlATEt.) PtittS.
Salt Lake, Nov. 9.-Reports received
today from all the coal mining camps of
this state, including Sunnyside, Castle
Gate, Clear Creek and winter quarters are
to the effect that no strike of coal miners
has taken place, and no trouble is ex
pected.
Few of the I,goo men working in the
coal mines of the state are affiliated with
the" union, and one of the principal con
tentions of the strike in other states
the demand for an eight-hour day-is re
moved by the fact that an eight-hour law
is in effect in Utah.
FEAHE ITHE KAISER
IS IN A SERIOUS
CONDITION
Berlin Physician Says He
Is Doing Well, But It
May Be False.
DY ASSOCIATED I'RLSS,
Berlin, Nov. 9.-The latest news regard
ing the condition of Emperor William is
that it remains satisfactory. lie worked
several hours this afternoon on state busi
ness and wrote a long telegram to King
Edward, congratulating him on his bitrh
day.
Professor Bernhard Fraunkel, the emi
nent throat specialist of Berlin university,
in an interview today with the correspon
dent of the Associated Press said:
"l'he public concern about the empcer
or's condition is unwarrantcd. The facts
are absolutely as stated in this morning's
bulletin. The people are only agitated be
cpuse they remelmber that the first reports
about Emperor Frederick did not disclose
his true malady, but this time the bulletin
is correct. You can reassure America."
May Be Serious.
New York, Nov. 9.--lnformationn con
tained in private dispatches received here
shows that the operation on Emperor W\il
liam is similar to the first one performed
on his father, and consequently causes
concern to his household. The official
statement issued by the surgeons fail to
reassure because it is well understood that
for reasons of state the emperor would be
given the benefit of any doubt as to the
true character of his disease.
It is recalled that the surgeons at that
time made nothing of the first operation
on Emperor Frederick. There is anxiety
because both Emperor William's father
and mother died of cancer and his grand
mother, Augusta, also was so afflicted.
The emperor's aunt, the grand duchess of
Baden, as is well known in Germany, is
suffering from the same malady.
It will take months to decide whether
the fears now entertained are unfounded.
At present the whole weight of scientific
authority which is in attendance upon the
emperor affirms that he has not cancer.
HE GETS TWO YEARS
sP'-CIAL TO TIE INTER LMOUNTAIN,
Bozeman, Nov. 9.-H. C. Baldwin, who
stole some clothing from a room in the
Bozeman hotel and skipped to Livingston,
where he was arresied after stealing a grip,
pleaded guilty In the district court today
to grand larceny and was, sentenced by
Judge Stewart to two years In the peni
tentiary.
HOUSES CONVENE 10
CONSIDER CUBAN
RECIPROCITY
SENA , AND LOWER BODY BOU
QUETED BY ADMIRING FRIENDS
-VISITORS THRONG HALLS.
SENATOR HANNA GETS A
STRIKING TEST1MONIAL
Irish Democrats of Cleveland Send Ohio
Leader Floral Tribute to Show How
They Feel Over His Great Vic
tory in Buckoyo State.
bl1 A ..'OiIAIiD 'KIR'.S.S.
Washington, Nov. q.--Thq 58th congress
conl\ltnci in extraordinary session at tinoon
todainy in accordance with tihe proclnltlatiotl
of Presicdent ,Roosevelt for thle purpose of
enacting legisiltion f(cr imaking ef'ective
tihe Cubatlnll reciprocity treaty.
The house assemlled the largcnt Imemn
hiership in its history. The scene before
the gavel fell in that body was one of ani
ntation, both on the floor, in the cla,.
rooms lcland i the lohies andl corriclos.
The day was cri.p ancld bright ancd the'
capitol buildling presented the appetarancei'
of a new structurei, w it ts coat of white
paint and complet e rentovationl witllin.
('lowdit of eager spectators, Iath- menliii
and wolmeni. thronged the corridlor.c atltl
rotunda of the rapitnl early in the dbya, nidI
the galleries. to which anidtjssiint was had
by card only, were taxed to their captacity
long before the hIour of assetmblage oa
rived. Mlany high olicials of the giovern
ntent left thei' desks to \itllcs.s he olpe
ing of lhe se.sion anil grt t their legirla
tive friellds. Mlany strat ngrs in Washiii
ton had their lilat glimpses of coniigres
while the caplitol was the ii'ecct ( f \Waslh
ingltonlians.
C(olmittee rooms. which had b:een ii'
the hanlds of the renovator diiing ot
recess. were tlhro.n open aIlad imany In,
formal recepltionsi were hehl by phlhitltr
chairmen. Witli thie slwpkershiip clcestion
out of the way ill the universal indirst
Ilient of Mr. ('1'ica . )llthere wcas nothlicg ti
worry the hcgisclatiie mind. andl the day
was given upll to the senlltiment of the ocC..
sion.
Many ha:lndsomie oral fributles to lei'm
hers were borne in tlt..sual profusims' to
the lobetlls hIsck of Ibth the vr'alte accl
the chalmbers to e Iplacid later on Ithe
desks of th.e IiiIclembers. . The In.iv cll.cil ers
of tile house rec'eived their iciliatiion toi
doorkeepers and house,' tiployes tacl tltmany
were turned back for identiie:tioht bie
cause of their slight heasita;lioi on pre.
senting thcmsclves for acl1iasiin. Stith
incidents contri:ctccd to the general livel.
auiac:tiol and kood htlumor (of the occasion.
In the Senate.
Washington. 1). ('., Nov. q.--With the
galleries crowded, with Ibc chaul.cer ai
mass of elaborate Iloral tributes ail'd
ntearly cvery senlator ill his scat. the gav:1
of Presicdent Protei Ie crye sounded at
Io10011 todaiy, calling the seniate togRthc r in
the seeouil extraorclinary scasion of the
Fifty-ieihth congress.
The special sessioln of the scnate' fol
lowing the adjournment of the Fifty
seventh congress eliminaltedct luch of t11':
routine work which would otherwise have
been profoutld tociday. New secnaor8t bad
golne through the formality of takiing
oaths of office, se:ats had lbenrie assignl1
andl with the exception of: the appoinJit
eIInlnt of Sc:ne vacanicies nll fuictiot.s of
I(1con ictu d n Iga ' . i
A. F. OF L BEGINS
ANNUAL SESSIONS
MILLER CASE, AT WASHINGTON, IS
AMONG THE MATTERS TO BE
FORMALLY TAKEN UP.
CHILD LABOR AND 8 HOURS
Question of Affiliation With Political
Party Will Also Be Considered
During Present Session.
fY ASSO('IAiTED I'PI.S.,
Boston, Mass., Nov. 9.-W\Vith an assent
bly of delegates nt:mncring nearly 500, the
American Federation of l.abor today
opened in Fantit l hall its &3rd annual
convention. Although the subjects to be
taken up at the convention had not been
announced, labor leaders say that the
meetings are expected to prove among the
most important for the consideration of
problemns arising out of the relations of
capital and labor ever held in the United
States.
Nearly every delegate inicluding Presi
dent Samuel Gompers andI John Mitchell,
the president of the United Mine Workers,
has arrived.
The program for today's sitting includes
the usual formal welcoming of delegates,
the appointment of committees and the
presentation of the representatives of some
of the principal officers. D)iscussions the
delegates have indulged in since reaching
the city indicate that among the importapt
questions to be considered by the convQin
tion will be whether the federations'
affiliated members shall ally themselves
with any particular political party.
Child labor, the eight-hour workday and
the "Miller case" at Washington are also
expected to come up,
YOUNG FILIPINOS ARRIVE
Are to Be Eduoated at Various Colleges
In This Country,
BY ASSOCIATED PRESS,
San Francisco, Nov. ,.-On the stear '
Corea which arrived today from the Orint
were 96 young Filipinos, who have been
sent to the.United States to perfeect their
education. They have already been as
signed to various colleges, with a large pro
portion going to the University of Call
fornia.
GOVEARNOA TOOLE IS
STILL UNDECIDED
AS TO COURSE
PETI1 IONS POUR IN FOR THE AS
SEMBLY TO TAKE UP CRISIS
THREATENING STATE.
CHIEF EXECUTIVE, HOW
EVER, IS YET IN DOUBT
Probable That Several Days Will Elapse
Before His Fiat lI Issued-Soveral
More Counties Have BHon
Heard From Tod-y.
8PIt'IAL. 10 rilEl INTit Mi1t.t S .
Ileleia,. Ni iv. ,.-- iunlay hiiu l htl a I rge
iuitiher of petilition to thte giovernor in fIt
vor o, ii special niotln. There mtlllI have
hiiin it isot .rio. A numiblier mortre a rivetd
ttthlo . The maijitrity of ihle petition, elme
rnI ,t 'asciatlde, l'letol alld chotllottenu noinl.
tirs. The ljat petitiont fmiot L.ewia anti
I lark. conmtlv i-naet todliy.. It ias ftrulll
resid',entcr Of I r,tig. wo til.1l tlle goKvror
it rnil the legiilat ii tligither.
'Ill lo vernor retiini Iloull co llllliini ial
.in the ititsi,.l i if ri'lli lig the legilal
ire or refutilog to idi .ii. Iht sail ttlolay
t!l.t he e)xprllted toI walit to Kiv' all ior,
.tiis of the tll n achanee.o ti Ie heard.rl
orin the tetitir iif thr giiietririr remarka
i! Iclk. as Ihoililh it w hllil I, be ' 'erall hllys
,itre- lit, wiiihll decide whit lit ii glinig to
\ i tie t h iut hu f I tlh,
I r:lti & L. or ati .ialily i week tipi r
I "'Ill), Ihait holy furi nhrii eidlli ; resllities It
ii s io v ierniil that he i -til l sicinl .ve..ioni
,1 l eth ;ita. Ic i t h.it l w ii fi i , xi.tiuij
lillllill inle t rhltlti:il cto ilitino i in the
• !,il·..
TI iii waia fti'wiuidled ii Ih hlenia. AL the
reenlallr meit'lliil; ofl lithe il.,. mlly lastl nightl
r, il llle li, lle t.ll tu i lli. itll II at t o' r
Ho llinlllli.te: , or pe rl. tolll n. l, ereI I m sl c edll Ihl
SAY PROTEST WAS NOT
MADE BY ALL MEMBERS
1its.Jil. Novt. ii.- l'lIre ia troulle Ilhrce
ilut thin rehltitrallc stent from here to
ii' jllrl r tl. ly illc t iig all iil . S," iOE i ' pur
Jl rlg l l lhave Iu , Ilis.ll by the A. I..
LX So. 4.1.
it iis Clillnil tlIt t:llihe affair wi s a(litt
\?:hout tht kuttiwlnlgi itf, a tn iijtirite of
I!·l mo hrlrrl r.. A Ilrilize adhellr,'t t had( ai
aitl if thu e rts uttiti- ittl this, were
sigi.'i antI iiveni ihe vial ii ithe irihir
Shiti tl ily 1 .iw iltlcnhmirs welre- irrstt.
tlyt t ei igl , ; tu it i liiis ItItt irxllt ss tihe
teti s itti i tt of the atit-tim iers tiatni tif wit tet
i, t It.htoia l ike th taco iltriaitit. f lie at
it i if iit-hle .iv .-s Thii i th t t.rc.- itr
ext lh. rit, tnlitulrance iii te g.ierl tutr.
DIVORCE CASE OF LONG
STANDING IS DISMISSED
I ln e I 'latohy this mlOrulinig ui hle, anll t1I
ii.al oirder in a divorce cate. 'I i
ciJorce, case wv.':, that of Frank I)turail
:ti,,!st iimia tDurand, and it had ibeent
st:.iilit :g in tlil' tc rt fur 15 year s.
I'le order was antde tupon the apiplitcn
ti,, i of Attorney II. L. Mairy, and
although the .ane long ago rieached tih
poin,t where a jitulgnenit of divorce was
granted I)nr:tnd, the order dismissed theit
1uoit lld left him in the positii of stil
l,. ng married.
T'he lawyer stated to the court that no
jt'gttnt hriad biein entered iin the cast.
i,. I tur:niltl, and .that the law provitled
that :a case may be( dslissed upon the
Iat plication of the losing party, wihere the
iucc,sfltl ionte neglected for six m itlth.
to tLeter a judgtient, as a t Iura ld.
COLOMBIA HAS FILED
A PETITION WITH
GOVERNMENT
V\ashington, I). C., Nov. ,--- It was
Iiiar nd in oflkial circles last night that
the government of (Colonmbia has lodged
a lrotest with the United States in con
ntction with the events that have taken
place on the isthmus.
Thoe terms of the protest could not he
ascertainoed last night; but it is known
that strong objection is made to the alt
titude of the United States in general and
against interpretationts made by this
government of the treaty of 1846 between
the. United States of America and the
United States of Colomnbia.
The state department has the protest
under consideration, but the nature of its
reply, if any, or the time when it will he
made, is not known.
Other than admitting that such a docu
ment had been filed in the state department,
the officials there would say nothing about
the matter,
TRIAL JURY JS AT WORK
Judge Harney Takes Up List of Justice
Court Appeals.
Judge Harney this morning impaneled
a trial Jury and began the trial of justice
court appeals and district court suits, He
it expected to clean up a lot of actions
on his calendar.
The number of jurors impaneled today
to try eases in his court, by Judge Harney,
was 43, and the court Immediately called
the case of A. Austen against J. E. Lynch
and began to try I with a jury,
YOUNG GIRL TAKFE
A DOSE OF POijN
BLANCHE VENETI SHELTC ' AGED
18, ENDS ALL HER TR, .LE
BY SUICIDE METH"..
DIFFERENCES WITH FAMILY
Aunt and Adopted Mother Had Threat
ened to Send Girl to Reform School
For Being Away From Home.
Ml is I lianch \'t'nt'li Shelton, the
adnltl'il daullghter of Mr. anld Mrs. Iritiis
Regan olf S. i West IDaly street. W'alker
vifle, conum.itt.d sui'ide shortly alter nlotu
today by drinking carIli. acid. Respond
enc'y over troulhh with hier faimily is be
liit'ved to be the cause.
Itlonche Shelton was not yct 1t years of
age Ilnd was it trtikingly h;audsoiie girl.
She had belu working as domerstic in the
family of Mrs. I .atiI.r, at 140 \\est
PIht i1 itin strrct.
When di.scoverd the tinfortiuaItr girl
was lying in her illi i 11n at Irs. I .aiiter's
hoIomnit' iI il mpttiiy bottle of c.r.ibulic acid
statdilig near. TIhre aias a istring odor
of the drug in I thell ri,. It was evidentit
that she hald Ipoured iitl ir;early tIo i iutlicts
intlo a glas t iiul so tallowed it. I ll tlll s.t
fillowtd. \V'ht.in I r. N 'u l. oa i nu,,non is
called ai fe minilutls liter, there was no
sign ii lift.
lint a Sil :ill itel.orrwlitIu book, itlinche
Slh it on lvit a tIessaig Ii her sister, Emily
Shelton, who waks at i lhe NIoblre tiarlirng
houseI , 41 West N 1n \i /l l ill t 1. It was
written with it penucil and howed that the
writer at in it IIn tiStin sllta' of nmi ld.
lit' Ictter wat itts ifolliws:
"Ittte, MNonlt.- Dear Sister: 1 itll gtlie
a lcnt.h I hate to It-'ae yout, iult when I
tn whtire you get ii nutt fights ovelr lilt.
My clthe ,ls are all for you. What donll't
fit yolul , Ihrl tip. Roln't cry for tile, I 1am
h tter ilf dteadI than lliive. I a;it called
mill kilnds of tt.iues.
"Ainlie, I killed myself. I thought it
all over. *iiil :itimight it isa ai tri .e, you)
aIre lettler ill ilthutllt le. I ktnow you
will lihe brke ui heartedl. hDon't cry. Tell
Ile rtly and Jery to ipray for tut. I lli
sorry for u hi t w l -Idid. ood ily, my ionly,
tIst, dealr, kini. I vltg sisteiir int this
woirll. I w)ouhl write mare. buit I have tlet
tinl/ to spare, Kiwi me. I shall be with
ltanuiialt tup in hiiav'en. I gave IIyscif to
n it piece of card.hib:ard was written:
"S end for illy sister lip iat 49 W.oolltiit
Itriit, Noble Ioardingt house."
tlaitlnche ."Iniltn wias i niece of Mrs.
D)ennis R.gan., When the girl's mother
died Mrs. Regan adoplted her iantd since
tlhet she has made her homle with
her adopltted parents until ai short ltime ago.
Mr.. RIegan was Informed of her adopted
child's death this afternoon.
She stated that shIe had threattiend to
place the girl in toe reform school if she
did not staiy hit sonme Imore.
Blancthe had replied tihat sh;le would kill
he'rse.lf before shle would go toi the reformi
schootl. tIer thrtItst were nut takenhtl setl
usly a.til little was thoiutght of it at the
butt,.
The body wais viewed biy ( 'oitlr .uun
shortly after th l iis.c'very of hiit solideh.
Later it w:as Iken to lichard,.' utdelt.atk
lig establishment where an i lut.est will be
held,
Elmily Shelton. the sister of the ulllfir
tunalte girl, staI ed that Illa-ilhe had ril
lived sit hiiie for n5tite time, u1il that sIhe
ciiil lout get alongt with her foster ph
rt 1i0,.
STUDENT KILLED BY
HAZERS OH A
FRAT
Baltimore Police Looking
Into Mysterious Case
-Arrest Made.
ISVY 4SOSlIAT'ID1:O 'I PIIgas.
Btaltimore, Md., Nov. q.---'l lie police are
i vesti gatin jg the death of Martin Locw,
.7 years old, a student in the dental de
parlcnent of the University of Marylalud,
whose lifeless body was found Itday in
his room at his boarding house. Ilis room
late, Eliphriula Stone, 2. years old, was
lying IIuncotiscious beside the bed. l.ow
was from Silesia, Germany, and Stone
hails from I apetown, South Africa.
L.oew, it is said, has relatives in New York
city.
Ilsa body is at the morgue. It is said
the tmen were initiated iast week into the
Vi Psi Chi, a college fraternity. Froim
bruises on the bodies of the two men it
would secm that they had been roughly
handled, whether from the initiation or
otherwise is not known.
An inquest and post-mortem will be held
tomorrow. Stone has been removed to
the Maryland university hospital. lie has
regained consciousness, it is reported by
the physicians, but they will permit no
one to see h1., lie is said to be in an im
proved conoition tonight.
Stanley U. Smith of St. John, N. I.,
president of the fraternity, -was arrested
last night on the technical charge of as..
sault.
Twenty-five members of the society
have been cited to appear before the coro
ner's jury to testify.
Late last night Stone made a rambling
statement as to the experience of himself
and Loew during last night. Neither was
physically able to assist the other, he said,
although each thought the other was dying
in great agony. He claims that the bruises
on the bodies of himself and Loew are due
to "hazing."
Parker on Trial.
Frank Parker, who was arrested on a
charge of embezzling or nmsappropriating
funds belonging to Conway, &; O'Brien,
while acting in the capacity of collector,
was given a hearing befure 4sttice Danzier
this afternoon. It Is alleged in the com
plaint that Parker failed to Wirn in money
collected for the firm.
JUDGE CLANCY
TO CALL IN
A JUDGE
Will Turn Over Compara
tively Trifling Issues
to Second Jurist.
3 CONTEMPT CASES
Clings to Issue Involving
Ownership of Penn
sylvania Ledges.
TO TRY IT HIMSELF
Contempt Matters Contin
ued Until Early Part
of Next Week.
THE COURT: Well, Gentlemen,
I was going to say that in this mat
ter-this trouble-the men operating
the Rarus ,nine filed a complaint
accusing the men working, I be
lieve, in the Pennsylvania mine, of
attacking them with hot water and
cold water, and throwing stones, and
I don't know what all; that is some
of it, and there was a lot more.
Then the other side ranle in and
they charged the same thing. I
believe the c:harges made by each
one, anld I have got my niind made
up about that case; and under the
law of this state it seems that the
matter of a change of venue, a
change of judge, is left to the judge
himself, and I feel like I ought to
have some other judge to try this
case. I thought it proper to state
it to you gentlemen this morning,
and try and call in some other judge
to try it. I do not feel like trying
it; I have read those affidavits, talked
with men on each side, and I believe
that I have (lot my mind made up
about it. I think they are both
guilty, and I don't like to try it; I
want to lget some other judge. So
I will continue this hearing until the
16th day of November, and in the
meantime I will try to get some
other judre to try the case.
MR. FORI3IS: Does that apply
to the cont'mrnpt as well as the in
junction?
THE COURT: It is the con
tempt cases I was talking about.
It will be noticed that the court
left it to be inferred what course
would have been taken had the
court believed only one party, and not
both, guilty.
JuIdge C:lanc:y ,hid this morning that he
wouhl il;de ,re of the right given him by
the law to crall ii nothlcr judge to try maut.
teri in his dcpt,:tci.lcu of the district court,
ill o01' islliacllle
The tcir,tion which thie judge whom he
will call in will he acked to try will be
the qutestion of conltelmpt of court raitsed
by the( c:hal:rgcs andl counter icharges of hot
;iand ctold water tlhrowingl, stone-heaving,
mclkce-making and ltilelust-lhootiint
tllrclllgh compijircessed air pipes made by the
respective pIarties ill the suit of F. A.
HIlciize aild the Miccintana (Jre 'Iurclhasin
e ucIpliy against the iloet tll & Montana
l iinlly, ilnrllls c iog the 'cnlIll'ylv Icria claim
leidges.
T'here isc colellrer crl t ion of contempt
of court raised bl y Ilci...c ill the hacclce case
anl in thlie mSll conltelimplt piroceedingsH,
scled it als was iccfore Judige Clancy this
mornitg, hut, whii, he expressed the opin
i iln that lie cw'acs cikjaciliti.d to try the
issuie iabove dcsel iccld lie witld not agriee
to call in ai lothtcr juclge 1 t try it. T'his
cuesltion f '(contempt icvolves ihe charge
madicie y lcizc that tilhe lcistii & Mcttn
tanla cclncllly hias violated the ijinction
in thie Plil slvinl;i case, issued iby Clancy
against that i:compailny, bly working the
ledgesi plit icilild r i njuncticii.
Mr. Forlls, for the listoni & Montalna
iiany, expressedi .tile opinion that the
colrt, if dicqualified to try the issue pre.
elit lcd y the ch rgt.s aild rcouiter-charges
that his iinjunctions a l;nninst smolke-nllak.
ing and so) forth, had bccn violated, was
disqualifced too ry that icssu.e also.
Judge Clinlcy, hoiwever, held that the two
maitters were quite lilfTerenlt. Thie first
iatter only involvie the question of
whetiher the emplloyes of both litigants
have ieein tinually cdisagrecable in their
respective ininliig operationis iunder the
surface of the PIennsylvania claim, while
thie second ma'tter centers round the ques
tion of who owns the ore icleposits,
The court stated that lie would try to
get another judge to take the first piece of
business off of his hands, but hlie would not
agree to take that step with the latter pro
ceeding.
The contempt matters referred to, three
in number, had been set for a hearing bie
fore Judge Clancy this micorling, lie did
not hear them, however, Hfe continued the
first mentioned two till Monday, November
16, saying that he would ini the meanthine
endeavor to get another ju Igc to try them,
and he continued the third till Truesday,
November 17, saying that the chances were
that he would begin hearing it himself
then.
Satuirday afternoon Judge Clancy visited
the Hirbour block, vihere Judge MHilatton,
(Continued on Page F.ve).

The Butte inter mountain. [volume], November 09, 1903, Image 1
About The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912

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The Butte inter mountain. [volume], November 09, 1903, Image 1
About The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912