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The Butte inter mountain. (Butte, Mont.) 1901-1912, December 05, 1903, Image 1

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THE BUTTE INTER MOUNTAIN
VOL XXIII. No. 123. BUTTE, MONTANA, SATURDAY, DECEMBER 5, 1903. PRICE FIVE'CENTS
WARM BATTLE
OVER THAT
BILL
House Committee of the
Whole on Disqualifi
cation of Judges.
PROBABLY TO-PASS
Change of Venue Bill Will
Be Taken Up By the
House Today.
SPCtIAL TO THlE INTER MOUNTAIN.
Helena, Dec. S.-After a prolonged ses
sion in committte of the whole, which
lasted far beyond the noon hour, the house
set its stamp of approval on the Duggan
disqualification of judges bill. It is proba
ble that late this afternoon the bill will be
engrossed and finally passed. This will
send it to the senate for action there on
Monday.
The bill, as approved by the committee
of the whole house, contained but one
amendment, that agreed on by the repub
lican caucus and offered by Everett, limit
ing the number of judges who may be dis
qualified to five. MacGinniss made a bit
ter fight against the measure, but was
turned down at every stage.
The Self change-of-venue bill will be
considered in committee of the whole
house this afternoon and doubtless re
ported favorably. The house did not ad
journ for -lunch until nearly a o'clock and
then the adjournment was to 3:30 p. m.
Battle in the House.
SPECIAL TO TILE INTER MOUNTAIN.
Helena, Dec. 5.-The first business in
the house today was the introduction of
a bill by Self, appropriating $2,4oo to pay
the salary of the clerk of state superin
tendent of public instruction for two
years. It was referred to the committee
on education.
Shannon then introduced his bill to pro
vide for the operation of mining properties
when closed by injunction. When
the clerk had finished reading the
bill Speaker White said he was compelled
to rule the bill out of order, as it was not
within the limits of the call for the extra
session on the subjects mentioned by the
governor in his message. Shannon ap
pealed from the decision of the chair.
\Vithout debate the appeal was sustained
on a rising vote by 39 to 1o.
Committee of the Whole.
The house went into committee of the
whole, Swindlehurst in the chair. House
hill, No. 3, relating to disqualification of
judges, was taken up first. Everett pro
posed an amendment which provided that
"no more than five judges can be dis
qualified for bias or prejudice" at the in
stance of either side. The bill provided
that "no more than two judges from dis
tricts other titan in which the action or
proceeding was conmmnenced can be dis
qualified for bias or prejudice" at the in
stance of either side.
MacGinniss proposed an amendment to
the amentdment which differed from the
Everett proposition by limiting to two the
number of judges to be disqualified, which
would have the effect of still making one
judge in Silver Bow county eligible. Mac
Ginniss was armed with a lot of documents
and proceeded to talk on his amendment.
He said the present statutes of Montana
provided an adequate remedy. Speaking
of the number of judges permitted to be
disqualified he asserted that in the county
to which this legislation was directed more
particularly aflidavits could be procured
for a small sumt which would impugn the
honesty of the highest court in the state.
The MacGinniss amendment was defeated.
Word Opposed.
Word of Lewis and Clarke opposed the
Everett amendment. lie thought two
judges enough to be disqualified. Duggan
also thought the bill made ample provis
ion for fair trials. "After a thorough
fumigation of Departments z and a in
Silver Bow county, things will move along
all right," said he.
Everett then spoke for his amendment,
which he said, gave both sides to a legal
fight equal rights. As the bill was re
ported it was not a Fair Trial bill. It
assumed that three judges were rascals to
start with.' It gave one party the right
to disqualify three judges to start with,
and then gave that party the same rights
as the other party outside the district
where the action was begun. His amend
ment proposed to give each side five chal
lenges of judges, regardless of what dis
tricts the judges might be in,
Duggan withdrew his objection to the
Everett amendment and it was adopted.
MacGinniss then proposed another
amendment providing for counter affida
vits and the taking of testimony in dis
qualification proceedings, also that the
district judge who is disqualified shall call
in another, who must respond at once. The
amendment limited the number of disquali
fications to five, MacGinniss was pro
ceeding to discuss his amendment when
Johnson interrupted with a motion that
the committee arise and report progress.
Though it was noon, and most of the mem
hers had a right to be hungry, the motion
was lost by 24 to ap and MacGinniss went
on with his talk,
His remarks were directed principally
to the counter affidavit proposition which
he thought fair.
Connor thought with a highminded, hon.
orable judge, the mere allegation of bias
ought to cause him to refuse to try a case.
With affidavits and counter affidavits he
would be put in an embarrassing position.
MacGinniss said it might be as well to
get down to brass tracks, In the county
of Silver Bow they were living close to
nature and the Alphonse-Gaston act would
not work very well.
Conner said it would work if the judges
were highminded and honorable men,
Lynch of Silver Bow said the Everett
amendment would fix the matter properly.
The MacGinniss amendment would mean
countless affidavit-making; it would mean
as much litigation to secure a change of
venue as there would be on actual trial.
He doubted whether under such a provision
it would be possible to ever get a change
of venue. He believed the legislation
proposed by the two bills betore the house
would stop S5 per cent of the litigation
in Silver Bow county.
Lynch said he was not speaking for
either side to the controversy in Silver
Bow county, but the conditions which pre
vailed there recently when the mines were
closed were not good for the community.
After MsacGinniss had spoken again, his
amendment was voted down without divi
sion.
Wood, of Lewis and Clarke, offered an
amendment providing that, it shall be the
duty of the judge of the district in which
the action is pending to forthwith secure
the services of some other district to act
in the case.
What Stapleton Said.
Stapleton said this amendment had been
threshed out in the judiciary committee.
Some thought that it would have the effect
of voiding the whole measure. While he
would not say the amendment was uncon
stitutional yet there were grave doubts on
that point, and he did not want to inject
anything into the bill that would cause any
doubts as to the validity of the law.
1MacGinniss favored the Word amend
ment and took advantage of the occasion
to make another extended talk.
The Word amendment wast lost and
the bill recommended for passage with the
Everett amendment, which limits disquali
fications to five judges and which is as the
republicans in caucus decided to have it.
The committee then arose and reported
to the house. Conner moved to adopt the
report. MacGinniss moved as an amend
ment to indefinitely postpone the bill. lie
gave a lot of reasons for his motion,
among them being these: That it was a
reflection on the judiciary, expensive to
litigants, against speedy trials, gives dis.
appointed litigants the chance to defame
judges without the judges being allowed to
reply, makes it impussible to get self-re
specting lawyers to hold judicial offices,
takes from the people the right to choose
their own judges, and a number of other
reasons meant as all arglnment on the tmo
tion to postpone indefinitely.
The motion to postpone indefinitely was
lost by a viva voce vote and the report
adopted the same way.
MacGinniss wanted the journal cor
rected to show that rule o,. relating to.
the order of business was suspended on
the first day of the session without one
day's notice, as required in the rule re
garding changing or rescinding a stand
ing rule. The speaker said it was not
a change in a rule nor was the rule re
scinded. It was suspended by a two
thirds vote of the house at the sugges
tion of the committee on rules. He ruled
that the house was working 'properly un
der the rules.
The house then took a-recess until 3:30
this afternoon.
In the Senate.
SPECIAL TO TO T INTER MOINTAIN.
Helena, Dece. 5.-The only husiness in
the senate was the report of the judiciary
committee on Senate Bills s. - and 3. The
first is the HofTman bill providing for the
review of facts on appeal in civil ca..s,
the others are the 'Maddox Fair Trial bill,
one of these bills and relative to the
change of venue is the same as that now
before the house. The other. relating to
the' disqualitication of judges differs in the
fourth paragraph, which is as follows:
"4\-When either party makes and files
an affidavit, as hereinafter provided, that
he has reason to believe, and does believe,
he cannot have a fair and impartial hear
ing or trial before a district judge by rea
son of the bias and prejudice of such
judge, such alfidavit may he mtade by any
party to an action, or special proceeding,
personally or by his attorney or agent, and
shall be filed with the clerk of the district
court in which the samne may be pending,
at ally time before the day appointed or
fixed for the hearing or trial of any such
action or proceeding. Upon the filing of
the affidavit, the judge, as to whom such
disqualification is averred, shall be with
out authority 'to act in the action or pro
ceeding, except as to the arrangement of
the calendar atndl regulating the order of
business, but it shall be the duty of such
district judge, within five days after the
filing of such afitlavit, to designate an
other dlitrilt judge to appear and assnmce
jurisdiction of said action or proeceding.
The name of the judge so designated shall
be forthwith entered in the minutes of the
court. If within ten days thereafter the
judge so designated does not appear or
notify the clerk of his intention to pre
side in such cause, it shall be the duty of
the clerk of the court wherein such cause
is pending to forthwith certify to the gov
ernor the fact of the designation or ap
pointment of such judge and of his failure
to appear, and thereupon it shall be the
duty of the governor to request such dis
trict judge to appear and assunme jurisdic
tion of such action or proceeding. Such
judge, whether appearing upon the request
of the district judge or the governor, shall
be vested with and shall exercise in said
cause, all the authority of the judge of the
district in which such action or proceed
ing may be pending. In case the parties
shall agree in writing upon another district
judge, or upon a member of the bar as
judge pro tempore, as provided for by the
constitution, the judge of the district court
before whom such action or proceeding is
pending shall request the attendance of the
judge or member of the liar agreed upon.
Not more than two district judges outside
of the district in which the action or pro
ceeding is pending can he disqualified for
bias or prejudice in said action or pro
ceeding at the instance of either the plaint.
iff or defendant, and this limitation shall
apply, however, many parties or persons in
interest may be plaintilTs or defendants in
such action or proceeding. Where an affi
davit is filed disqualifying the judge, as
hereinbefore provided, after the action is
set for trial or hearing, the party filing
the same shall pay to the opposite party all
costs necessarily incurred in securing the
attendance of witnesses between the date
the order was made fixing the day of hear
ing or trial and the time the affidavit was
filed, and such costs so paid shall not be
recoverable in the action or proceeding."
Dr. Cahoon Is Better.
Dr, Grace Wilson Cahoon is so much
improved that the physicians think it will
be unnecessary to perform an operation for
appendicitis. She is resting easy at this
time,
Congressman Burke Dead.
BY AS.OCIATaD IRES,
PJliladelplhia, Pa., Dec. g,--Congreuaman
Burke died today at his honme in this chty.
C W. C000ALE OH
VEINS ON CLAIMS
BOSTON & MONTANA OFFICIAL SAYS
HE WENT OVER THE GROUND
IN QUESTION BEFORE
NOT PART OF JOHNSTOWN
Mr. Goodale Is Certain That Veins 3 and
7 Are Not in That Mine, But in
the Pennsylvania Claim.
General Manager C'harles W. Goodatp
of the Boston & Montana company .as
the last witness called by the defense in
the contempt cases being heard before
Judge Clancy. Following the taking of
Mr. G;oodale'e testimony, Mr. Foebis,
counsel for the defense, introduced con
siderable record testimony.
The defense then closed its case. The
models, which have been used in illustrat
lng the points made by the defendant's
witnesses were offered in evidence and
marked. The court then took a shiort
recess.
During the recess Attorney J. H1. Denny,
for the plaintiff, asked to have some poinit
about the wooden model explained. He
asked what a raise between vein No. to
and 7 indicated. lie was told that the
ground at this point had been exploited to
show that there was absolutely lno con
nection between the southerly vein which
is numbered to and the others.
Easy.
"Oh well, we can start another suit to
include that," returned Mr. Drenny.
"We would naturally expect that," said
C. W. Goodale. "During the past three
years your hanging wall has been raised
*3oo feet. If you keep on it will not be
long before it is up in the air a good ways."
Mr. Goodale stated on direct examli
nation that when he took tile man
agement of the Bloston & Montana mines,
lie looked up evidence in the case, in
which the lhalbming wall of the Montana
Ore Purchasing company's ground was de
filled.
Examined the Ground.
Mr. Goodale, in company with George
Moul.throp, had gone into the Rarts 7oo
foot level and had noted where the walls
of the Johnstown l:scovery vein had been
fixed by the Montana ()re Purchasing
company's witnesses in the P'elnylvania
case.
lie examlined tile ground carefully and
came to the colnclta,ilmIn oat veins num
bered 3 and 7 were no part of the Johns.
townl vein. tie considered' the veins 3
and 7 part of the property ow..ed by the
Iostosn & Montana co:¶panty. He stated
that he had mined onily within the lit1es
established in court and that there had
been no trer'arss.
Attorney Forbis asked Mr. Goodale to
state gellerally the geology of the groundl
at the 7o0 level of the Itrus. Mr. I)nnyi,
counlsel for the plaintili', cIct'ed to the in=
troductiotn of anly tostitlmoty concernlilng
the geology of the ground. His ground for
the objcction was thalt six witllnosses had
already test tied concerning the nature of
the grounld an that the title of the coulrt
limitid t1 nu mi becr of aitltemses to six.
Cannot Limlt Witnesses.
Mr. Forls cotended that as the case
was a criminal one, tih: numnlber of wit
nc-ses of whatsoever ctaract *r could not
he limited.
Judge Ctancy sustautod the uojtctiont of
the I laintitl's" altt rn ,y.
M1r. Ga;i.de, in co.untinting his testi
mtny, stated tihat tthe No. .:4 raise vein,
h Iich is alleged to have its aex iu the
Johslluowun is not a c" ontintuits veitn which
could be traced into the I 'entusylvnuttit
groutnd ownell by the lilton & Montana
comnpatty.
Joim C. Adams was valled this morning
to testify conternin a'l conrsatlion which
he had with teorgc l(k,inson,, May b, of
this year. Thie convetsation referred to
was in effect that Mr. Robinson was sono
to leave for Salt L.;,k and that he had
said: "Go in there and take the ore, it
belontgs to you."
A. F. Carson, clerk at the Iutte hotel,
was called and the register was exhibited
to show that Mr. kr, Lin on was in town
that day.
BAD FIRE AT A WAKE
TWO SUFFOCATED TO DEATH AND
A NUMBER OF OTHERS SERI
OUSLY INJURED.
BY Assol(IAT.D PRESt;S,
New York, Dec. 5.-Two lives were lost
and a number of persons badly burned
today in a fire in First street, Brooklyn,
where a wake wake was being held over the
bodies of Mary Gilligan and Arthur
Dougherty, a boy who died of hydrophobia
a few days ago.
An overturned lamp is said to have ig.
nited the window curtains, In an instant
the draperies were in flames and the
mourning relatives and friends were in i
panic. Michael Stafford, a8 years old, ands
Charles hurley, were suffocated,
John Gilligan, a son of the woman, was
badly burned while assisting at the resdeu
of his mother's body, and Dominiek
Dougherty, father of the dead boy, was
severely burned while trying to save two
children. Several others were seriously
injured.
TO CELEBRATE FOUNDING
OF THE SECRET ORDFR
The asst anniversary of the founding
of the Modern Woodmen of America will
be held tonight at Pythian castle under
the auspices of Silver Bow lodge. Edwin
M. Lamb has accepted an invitation to dsl.
liver the speech of the evening and there
will be responses from other members of
the lodge.
A program including many entertaining
features has been arranged and a Joly
good tiehne will be enjoyed by the li*e
membership of the lodges in this
Durinlg the year Just passed there ha. n
a strong increase in menmbership In to
Modern Woodmen and this has eneourasd6
the local lodges to make extra efforts
to entertain those who have ome into
their rank..
HEAVY TREAD OF IHE
ARMED GUARD ON
CITY STREETS
Cripple Creek Paralyzed in
Business Way--Press
Censorship Is On.
IY A OIAIAEID P'l uS.
Cripple Creek, Colo., I)ec. 5.-- The dec
laration of martial law has paral)ryed all
imsinesas in this city. Heavily armed
pickets of the National guard are statioiled
on. all street corners anld many reasidncts
of the city do not venture uponll t streets.
Provost Marshral "Thomas l. McClelland
is occupying the mayor's office. lie has
caused the arrest of several Iersons, but
no important arrests have yet bIen tiade.
The Western Federation of Miners is
lrrtparing, through its attorneys today, to
make a vigorous fight against Imartial law
and in favor of their menierars itho are
low coninled inl the ditferent jails and
bull pens.
Following the suppression of the edi
torials of the Victor Record Provost Mar
ihal McClelland threatened to cut off
Cripple Creek from the outside world by
locking up the correspondents of the
Denver papers and to censor all matter to
Iw sent to the Dl)ever newspapers.
Major Naylor, cotnunaiding officer in
the absence of Colonel Verdeckberg,
stated t.day that a nIews censor froml the
city of I)enver would arrive in the dis
trict and Ie in charge of all news to be
publlished in tile future. The name of
the censor has not lbeen divulged.
WEE BABE A YICTIM
OF UNKNOWN
STRANGLERS
A cans of infanticide, the murder of a
tlaby that had been ill the world less thant
an hour, was discovered inl the city this
nmrrning. l...s body of the little one was
fmltnd at the bottom of an abatldoned
shaft of the Travonia mline at the corner
of Aluminum and Alabanma streets by two
spiners, .;. Larlin and a tmatn uamed Crad
dock, as they went down into tlht shaft to
do some s;lnessment work on the ilillne.
The babe was dead when found, having
been strangled by a piece of cloth front
a womasn's calico waist. blow long the
lttle one bad lain in the bottom of the
.haft is not known, but it is believed not
to have been more than a day or two.
Who is the author of the infanticide is a
miatter of mystery, bult it is believed to
htave been the work of a midwife.
Coroner Egan was notiflied of the fitnd
ih i of the dlead baby and the body was
sat.l to the Richards undertalking rooms.
The inlquest was hchl lit the undertaking
roills at , o'clock this afterllooll. Irs.
Sullivan and Mc('arthy had previously
ut:,l, an ex;nmitnltion of hle body and de
lred tha that the infalIt had lbcen stranlgled.
n thei t teiri timony the coroiner's jiry re
trut.Id a verdict of death by strangula
tiou at the havds of unknown persons.
REPORTER BUTTED IN
ATTENDED REPUBLICAN CAUCUS,
BUT DID NOT STAY THERE
DURING CONFERENCE.
'1. IAL 'tO TIllE IN'II.R MOUNTAIN.
Illena, )ec. 5.--While the republican
crlacuts was int session one of the newspa
p r men det iled to look after the doings
of the legislature climbed the stairs of
the IUnit-ed Slates court iuiliing. IHe had
been told to look after the caucus.
lie was not from M issouiri, or he might
have asked to be shown. lie was from
lowa, and he thought lit would lilnd out.
The door wasn't locked. lie walked in.
Somebody was speaking. The speaking
stopped. Aaron Connor, who was presid
ing, looked inquisitive. Everybody else
looked inquisitive. In fact the quiet which
slrung up suddenly was as dense as a
cave.
"I don't recognize the gentleman who
has just come in as a member of the leg
islature," said the chairman, with the ac
cent on the second syllable,
"Mr. Chairman," said the gentleman re
ferred to, "you'll have to excuse me, hprt I
really thought this was a public meeting.
While I have been voting the republican
ticket since I was 18 years old I have no
desire to butt in. I sse you do not want
tme, and that my presence here is emrbar
rassing to the assemblage. So I will retire
in good order, if you will permit me,
rather than to be fired i) the most igno
msinious fashion. I trust this interruption
has not interfered with public business.
Slong."
With t11t he retired, wearing the sanme
overcoat and pleasant smile he brought
with him from Iowa.
IT WILL BE STILL WARMER
As the weather bureau had predicted,
the day opened somewhat warmer than
Friday, the minimum temperature being
ta. At noon the thermometer registered
aa. A haze enveloped the city during the
morning hours, but this was dissipated as
the sun reached the meridian, and the
gternoon was fair.
Still warmer weather is on the book for
Btte and vicinity, according to the pre
ditions of the weather man. The fore
cast says: "Fair tonight and Sunday;
warmer tonight."
;ITALIAN MINER 1S INJURED
An 'Italian miner, Lazarl by name, em
ployed at Holnze's smelter, met with a
perlous aocident while at work early this
afternoon. By a fall, his knee cap was
broken and one of his arms and two ribs
fractured, He was taken to St. James'
bosp4tal where be was treated by Dr.
Hanseon
A. F. BRAY COLONEL
OF STATE MILITIA
ALEX WESSITSH OF BOZEMAN IS
LIEUTENANT COLONEL-VOTE .
HAS BEEN COUNTED.
TWO MAJORS ALSO ELEC', J
These Offices Fall to -M. J. h of
Livingston and George W. R,- f
Dillon-Bray's Career.
sIltI'dc.. To rII INFIN Moll. AIN.
lelhlna, I)ec. 5.--A. I. lBray of Ilillte
will he colonel of tihe Montl: a regiment of
COL A. F. BRAY
Of Butte, commanding Montana Regiment,
National (;uard.
national guard. lie was chosen by s3 votes
to six received by James ''. Stanford of
Great Falls. Captain Alex Wessilsh of
LIBUT.-COL, 'ALEX. WLVSSITSJI
Of ioceman, second inl commanlld o/ IIIe
National Guard.
Company A of Blozeman, was chosen lien
tenlant colonel, gctting 12 votes to seven
cast for Byrmnl 1. Cook of Ilhlte.
Two mIajrs were electedl, M. J. Walsh
MAJOR MICIiAEL 1. WALSH
Of Livingston, who will command the
Eastern Montana battalion in the regiment
of Livingston and George W. Reif of
Dillon, The former got 17 votes and the
latter 13.
-Four complimentary votes were cast on
MAJOR GEORGB W. REIF,
Of Virginia City, who will command a
battalion in the reginment
majors, Captain A. W. Swaney of Kalis.
pell and Captain S. G. Jeans of Butte, each
getting one, and Captain A. W. Moore of
the Helena battery of artillery, two,
The vote on the colonel of the regiment
(Continued on Page Four,)
BOYS'OURREL
ENDED BY A
MURDER
Antone Contario Shoots
and Kills Godfrey
McNeil,a Chum.
MURDERER ESCAPES
Lads Were Camping in a
Cabin in Meaderville
-Quarrel Arose.
Antione (olltarifi, aged 18, in a iabin at
the foot of Noble htreet inll Meallrvillr,
a.dua t 8:.tu liit Ils rin g .hot alndl killed
Godfrey Mh'Neil, agled I., a friendl of his
with whom he hald ben oct'up'llpyiltg the
rahin. J1NetII di1d hout lan hiour offter
the shooting, Ihr lop part ,f hiss h.,id hav
illng Iritll blown ;9awa;y b Illh fljc3 e ofti thrtra
balls tron a I.4 ,tlc libre ritle, whlhich was
the wel Iapon a uld Ii)' (3l ulntarinil.
Ilth the boyI s were rniliaways 3 otns3
homne, it is said. They had been occupyingi
lite rioom in the cahbn whetIt the' .lhuoling
occurredl for a day oir 9twl, and silne they
ellt, t (l d i ll Ii 'ce 1 , says Micllael 3;ill, tho)
ccupies tille end' of the hilnhhlll , Ihey
hadl been constantllil ly qlluarrelilng,. Mr, ,.ill
saiys that the uproal r I3 the 91 I.i ' iid ol
tilhe cabinL last night wias . a, to lkte
it iilimlM i.hrl' to slelep. I1 r3equ1tlll ed lhmc3l
to keep qulit several timesll, ItI3 tlhey paid
iU atttllion to hih.
Finds Boy Dying.
lThi mi lor3lning th19e ilualrrel wals tol'wel,
and ablout :.33 9lhreer distiinct shots were
learid. (:Gollini Was srtin ..3n to93 leave
the buihling, and Mr. 9 ill, .iwho was not
in tl.he iihtiliig ait the ti3me, but had har1d
that a lshootinllg had uclcllrre-d Itherll, hl.il
telledt to the plaet. il founid yolu3 i.l Mc
Neil on title it the lilbeds in the ,in, p
pareniitly tliadl in with the Ibd rlotlhling
coveredl willI blodl.
IMeanwhile (9 Otario is said l tl have
bleen seen hurIrying oat of town1 on It
white or gray h3or3se, and it is believed
that 1he wals ,ion his3 way tn a ranllh 'some
miles out frmn thle city, wher lie hae s
slpent slll3e tim33e for th.e putl few years.
The coroner anild the comllnty authorities
were noltilied of the shooutinllg. I)r. Ina
tius I)oinclly, tile coulnty phy3slcianl, was
summonelll d, but artived snhortly after young
McNeil lihad lrealihed hlis la;st. The coro
ner, ollffer vie wingll the rlilmlil.ls, ordleried
the b3 13y ,isent to dle Rl ichard ,s iilun rltak ing
rt iins i r ll Illl streCt. "TheI ilNq3 est will
li'probably be li b 1 3d 3i3 .ll ilday.
13othl Lived in Meaderville.
It;tach of 1 tihe b y' had a 3l, ulne inll 'Mlhl3der
vill, butii it li alppears I ha31 ve preflrredl'
a rathller free iiand h it lres nsi bkilr life. Y mllig
McNeil'. failier, Ila3n %cNe'il, is a nminer
andli was at3 work when the sho'tiing oc
curred. Ills l3olther dli.edl in 3Hi8o .
i ot1r3io's motheir and two little br13 th
era are liviing in a small hluna at1 t9he
rear of the M.ethdist Episcopa1 l rh3ircth
in Menad..rville. The father died several
II is be'liv'd Vby somei that ('o3 lfa in3
hI1s genel Is, the rllll nch t olf towIIn wherea'
lh had beetl employed, while others are
3of Ih3, opinion 9 Iha3 t hie is ilmaking every
effort to get i f) pallls whir'', he is 333
known.
lie left town on ia Ilor1se which is sulp
posed to belong tIo hinll . 'l'he city and
count3 y of'i'3ers' 'havIa'e bee1 n , 3 ilild a333l1 are
ioil tlhe I13k3ul for t39 yon3ne3 miurderer.
DIES AS HE SLEEPS
RI'trIAI. TO THIE tf rsl| ran,0 .IAIN.
lelehta, l)ie. 5. S uera l iii a hair in
the Colortdo saloon on t 'ppr Main
street, apparenuly aslcup, IFr:nk ( Costello
diued sue time during the night or early
mouting. 'Ihis morning the porter itn
cleaning up the place sontght to arouse,
him, lie shook the man several times and
told 'him to get up. Receiving no an
swer or other indication of intelligence he
called the proprietor.
The latter tried in vain to arouse the
mian and sent for a doctor. The man of
medicine pronounced him dead. Coroner
Yager has been notified, but may not hold
an inquest. Costello was about 35. little
ic known of him here other than that he is
a laborer and is sulppos.l to have rela
tives in or near Great Falls.
WARNOCK IS WANTED
Helena, Dec. ..--An information has been
filed inl the district court of this county clharg.
ing Ilarry V. Warnock, manatger of the West.
ern Stock & Grain Exclhange with felony. \
bench warrant was issued for his arrest and
Sheriff O'Connell has gonle to Fargo, N. 1).,
where Warnock has been taken into curilody.
lie will be brought hack to lHelena.
The information, in two counts, charges
Warnock with stealing $.us, the property of
William J. Gerraughty of East elena. 'Theo
second count charges larceny as bhaile of the
same amount,
A personal message to a friend of Warnock's
front Fargo, says:
"I will continue my trip to St. Paul tomo.,
row (:aturday) or Sunday to finish up the
business on which I started, after which I will
return to Ielena. There is absolutely no
grounds for any criminal charge against me."
P. D. QUINN IS INJURED
Pat D, Quinn, who Is employed at the
Anaconda mine, met with an accident
about to o'clock this morning while at
work Ik the m|oe which resulted in the
fracture of his left leg. He was placing
tlmbers in a section of the mine when lie
was struck by a car and thrown against
one of the walls of the tunnel. He was
taken for treatment to the St. Jantmes hospl
taL

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