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'ERY CLOSI OUSTION
Legal Fifteen Puzzle Presented to the State Supreme Court, Promissory Note Plays a Very Important Part in the Oase. Kielnschmldt Got a Verdict on the tIrial in the District Court,. connplioated and paseling lawsuit lae ug argued before the supreme court, In comber, 1886, Albert Kleinsohmidt,'with I e others, had a contract for the construo of thirty miles of the Helena, Boulder 4iey & Butte railroad, which was then in arse of conetruction. Dec. 8 Albert I einsohmidt and Henry Klein, one of the I atractors, purchased from John W. Bus it certain shares of stock of the Boulder ining and Reduction company, and In neideration of the abares a contract was de whereby they agreed to pay to Bus tt onq-eighth of the net profits realised them out of the railroad contraet, which re to be paid to Baskett ilmediately ter the receipt of their respective ares of the net proceeds. About Jan. 8, 7, Buskett obtained of Albert Klein hmidt $1,850 in order to enable him I purchase additional stock in the alder Mining and RIeduction company, d agreed with Albe;t Kleinschmidt that consideration of the loan that Klein bmidt should retain out of Baskett's are of the net proceeds, when the money ould come into Kleinsohmidt'a hands, eut lent to pay back the loan of $1,8110 and hterest at one per cent. per month until id. In other words, it appeared that leinschmidt had advanced to Bnskett that ount of money out of his share of the ofits, if any, when they should be paid, d to secure Kleinschmidt for such ad nee in case there should be no profits ming to Buskett out of the enterprise, askett further hypothecated the stoek, hilh he had purchased with the money, as ditional security. The advance or loan of money to ILskett, he purchase by him of stock therewith, nd the date of the transaction were ad itted in the court below. About April 2, 1887, Bnskett, in the language qj the omplaint. "for a valuable consideration old, aseigned and transferred and deliv red to T. H. Kleinschmidt, the plaintiff erein, all of his right, title and interest in nd to Jis share of the profits therein men ioned. The final settlement was had' be ween the members of the syndicate, the proportionate share of each in the net rofilts of the enterprise determined, and bald over Oct. 19, 1888. It appeared that Huskett gave to Albert Kleinschmidt on fan. 5, 1887, his promissory note toevidence is indebtedness tohim of $1,350. Renewal totes had been given from time to time thereafter, but the indebtedness of Buskett to Albert Kleinschmidt had never been paid, unless the giving of the note was pay muent. T. H. Kleinschmidt claimed, in his eplication, that the debt from Buskett to Albert Kleinschmidt was paid by this promiesory note, and denied the agreement, set up in the answer, between Bunkets and Albert K'einechmidt. An estoppel is also attempted to be pleaded by T. H. Kleinschmidt in replica sion, but no evidence was offered to sustain the allegations thereof. The issues in the pleadings upon which Albert Klein schmidt's lawyers contend the case should been tried were: First-As to the amount of one-eighth of his share of the net profits; as to whether it was $2,947.76 or $2,997.78. Second-Was the promissory note taken and received by Albert Kleinsehmidt as a payment or merely as an evidence of said indebtednees? 'Ihird-Was there an agree ment between Albert Kleinschmidt and Buakett, as set forth in the formae's an swer. On the trial of the case the court ignored the pleadings, and held that the only issue for the determination of the jury was whether the amount to be recovered by T. H. Kleinschmidt was $2,947.76 with inter eat, or $2,997.78 with interest, and that the promissory note given by Buakett to evidence his indebtedness must be taken as conclusive evidence of payment of the in debtedness as against T. H. Kleinschmidt, and that Albert Kleineahmidt could not be permitted to show that a pasment of the Indebtedness was never contemplated by the execution and delivery of the note. As given above such is the contention of Cul len, Sanders & Shelton and H. C. Smith, who represent Albert Kieinsohmidt. T. H, Xleinschmidt got a verdict in the court be low. He is represented by Toole & Wallace, The supreme court handed down an opin ion yesterday affirming the judgment of the lower court in the case of the state against iamuel Smith who attempted to prevent the laying out of a public highway over his premises in Yellowstone county. He re sisted the sheriff with a gun and was sent to Deer Lodge. The ilee Hive makes a special annunucemen in to-day's issue which will be of interest to thei patrons. Odaontunder applied to the aums for painless extraction of teeth. Positively na pain. Dr. Sklmmin, dentist, 81sth ave. aod Main. TO PREVENT DIPTHERIA. Protect the Health of Yourselves and Children. Protect the health of yourselves and children. We claim to have the only germ proof water filter in the world. Remember half the sicknese comes from the water you drink. No person who has a family, or wishes to enjoy good health, can afford to be without Pasteur's filter. We let you try one and if they do not do all we claim we don't ask pay for it. We invite the public to call and uet a drink ot Altered ice water. The ice does not come in contact with the water. Call and se the filter even if you don't wish to purchase. We guarantee to purify the water from all dirt, disease and germ matter. Call and see the filter in working order. Compare the water as it is drawn to that which is filtered by our filter. One of our filtersie now in use at Heperdelael candy store, where It will also be shown to those who wish to se it. This filter Is patented by Pasteur, of Paris, the celebrated hydro phobia physician. HTueaaocx & ahowN., ole Agents. Sanford & Evans Building. "G laseguw Laco Thread," the very beet material or crocheting, for sale only at Butcher & Blrad If you want a ibaby carriage be nure and take advantage of the salo at th Beelie He thite week. A full-szlri oarrlage, firstelase material in every respect, only $5. Special Sale. C. . Rice & Co.'s stook of carpets, fur niture draperies, lace curtains and choice novelties for house furnishing will be shown for a few days at 40 North Main street, (Bailey block), before leaving for other points. An inspection of these goods does not incur an obligation to purchase. Foster kid gloves, five hook, in all colors anc fitted to thie Ihand at the Moe Hive, onayl $L25, Every pair warrantedi. Tile oo Hivo mnanagemen annouons that they will not sell goods to merchants at prices adver tised thin week. Those prices arc intended for tire consumers only. Basemann Excursion Tickets. The Northern Pacific railroad will sell excursion tiekets from Helena to Boseman and return at a rate of $5. '1 ickets on sale on faturdav only, good to return until Monday following. E. ). Eoaa, General Agent. COMING ATTRACTIONS. Blue Jeans, one of the most pleasing charaeter plays of the season, is descriptive of Indiana pesant life, fall of amusing in eldents, and many strong realistle feature, including a decidedly WtlkJig mill seene. The mill scene is, ho*ver, bht one Of the the realistic feataree`oefo luoe Jeans. The village brass band, calieda the 'lteingI Sun Boarers," come in ftore large ba of at tention. They furnis lively uts.e, end the drum-major's twirljtp of his batotn is remarkably skillful a tieesJv. The Ab erdeen Angus bull, in the sisond ndt, is a handsome fellow, with let blak acurly hair. Jane, the heroine, leads him down to the footlights by a rope attaobhed to a ring in the end of his nose. Master Bull is as docile as a lamb. He comes on decorated with ribbon and gas lands of flowers and stands perfectly still with his face to the audience while hie charming mistress pats him on the head, smoothe his hair and oven moistens her Anaers and twists the hair on the top of his head into Ltnny little minia ture horns. Then there is the scene where the hero and the heroine make love under a peach tree In bloom. The hero shakes the tree and kisses her amid a shower of rose-tinted leaves. The audience like this so well that they invariably want it repeated so the hero kisses the girl again and brings down another shower of fragrant blossoms. A scone that appeals strongly to the mother love of all women is where in the last act Mrs. Basoom undresses herlittle airl in full view of the audience, warms her little "nightle" before the fire and puts it on, and then temporarily cuddles the little one to saesv in a big easy rocking chair. The play is full of touches like these, which hold the admiring attention of large audi enees at every performance. "The Midnight Alarm." "The Midnight Alarm," which will be presented at the opera house next Friday night is unquestionably one of the biggest and strongest productions now on the road, and wherever presented plays to the capacity of the house. 'T'he play is not only an intensely interesting one, but it is produced by an exceptionally strong com pany with a car load of beautiful scenery and some of the most startling realistic effects. including a genuine fire engine and horses. "The Midnight Alarm" deserves and will doubtless be greeted by a honuse paoked to the doors. AN EARLY MORNING MOVE. Crahan Gets LIssner's Stock of Goods Out of the Capital. Fifty men, each with a big bundle on his shoulder, marched from the old Capital gambling house quarters at an early hour yesterday morning, and filed up Main street toward Alderman Ihisner's Mineral Springs hotel. Arriving there the strange procession marched in and before the bar keeper, who was serving out a drink to a guest, could realize what it all meant, a bar ricade of bundles was placed at each exit from the bar room, and the other bundles piced in a pile on the floor. Some gas fixtures and a desk were left outside, as the barkeeper, who is also night clerk, was fully aroused to the situation by this time. The goods and fixtures, except the desk, were the property of Alderman Lissner, and had been in the disputed gambling premises ever since the fight for possession begun. The fight over the Capital gambling house is too well known to need extended repeti tion. Sam Wallin and Henry Albertson claimed the premises under a verbal lease, and Tom Crahan said he was entitled to the place under a written lease from Mrs. Martha Schwabe. Alderman Lissner had a stock of goods there under authority of Wallin. A judgment by default was ob tained, putting Mrs. Schwabe in possession. and her connsel, J. W. Kinsley, as soon as he got the place, turned it over to Crahan. The question as to who is entitled to the house is now in the courts, but Cranan is in possession. Lissner refused to move his goeds, and the proceedings yesterday morn ing removes him as an element in the case. CAPTURED THE THIEVES. They Stole 150 HTeed of Horses Near Sweet Grass Hills. News comes from Havre that the two horse thieves, Fred Hoit and William Spaulding, who stole 150 fine horses from the range in Sweet Grass hills last April, have been run down and captured by the vigorous pursuit and ingenuity of Charles Hawley who has been on their trail for six weeks. The horse thieves were caught in northern Minnesota while attending a country dance. Hole was visiting relatives in the town. About 100 of the horses have been recovered, the remainder were sold all along the line of the Great Northern rail road from Havre to Minot. Sam Herron, stock inspector, took the men from Harre to Fort Benton. They are the same two men who were acquitted at Benton last March of poisoning a team of horses in the Little Rlock mountains. Twelve hundred dollars was found in their possession when captured. Spaulding is a notorious tough and a bad man, and Choteau county will surely fix them at least for the next twenty years. THE SHEARERS STRUCK. They Asked for an Advance of Two and a Half Cents. The crew of shearers who were engaged in shearing the Turner band of 4.500 at the Fort Benton stock yards, struck yesterday, says the River Press. The pries being paid was the prevailing one in Montana, 10 cents per head, but the shearers claimed the fleeces were the heaviest and the hardest to clip that they had tackled this year, and they demanded 124 cents per head. This is the highest price ever paid for sheep shearing here, and the owner not acceeding to their demands the crew struck. This morning the matter was adjusted, and the crew went back to work at the price de manded. An idea of tho weight of clip and time required to remove the same can be gained when it is known that out of several Ihearers who can beat 125 on aver age sheep,only one got as high as sixty-eight yesterday. To Intending Purchasers of Ore Reduclng ittachinery. We will guarantee the Huntington Cen trifugal quartz mill as follows: To crush more ore, For less money; Crush it finer, With les wear and tear; And save more gold, Than the Crawford mill, or any other mill, and the ore need not be pulverized through a half dozen machines before it goes to the Huntington mill. FnAsan & CHALMEItS. L. C. TnaurT, Manager. Ranch for Sale, And especially recommended as a summer resort for a city resident. Is a small but most beautiful mountain ranch, within six teen miles of Helena, with good road, plenty of timber, excellent spring water, and abso. lutely first class garden soil. With it goes eight dairy cows, five calves, poultry, plow, harrow, etc., and orop, all for $2,600 cash. Cause for selling, ill health. For further partieulars see Swend Carlson, 38 South Main street, Helena. Information Wanted. Of the whereabouts of Adolph Sohopfer. Left Helena March, 1891. Last heard of was in Demnersville during July, 183)1. Any information concerning him will duly ap. preeiated by his mother, Mrs. Flora Sohop fer, 610 West Main street, Helena. Mont. A (ard of Thanks. Mrs. Jennie Jennings wishes to sincerely thank ill friends and neighbors who so kindly assisted her during her severe ill ness. She is now happy to say that she is recovering. Wnated. Mllners or men wishing to seau:e good free milling properties (gold asid silver), desirably sltanted, upon the lease plan ad dress J. N. O'Brien, box (3 letona. Mont. COULDN'TTAKE THETOWN A Controversy Between Lot Owners of Robinson City and a Lode Claimant. The Survey of the Latter Ran Right Through the Cor poration. Acting Cmmlessioner Stone )Ileldes That the Land Is More Valuable fuor Iuld ing Than for Mining, Acting Commissioner Stone, of the gen eral land office, has just rendered a deli ion of great interest in the case of B. B. Tierany and others against the Baltimore Mining company, which involves title to most of the township of Robinson City, something less than two miles north of Castle in Meagher county. On March 2, 1891, the Baltimore Minining company filed in the Helena land office a mineral applies tion for the Baltimore lode in the townsite of Robinson City. On May 4 following Tierney and other miners, lot owners in Robinson City, filed a protest against is suing the patent for the Baltimore lode, alleging that prior to its location the ground had been surveyed and occupied for town site purposes; that there was not sufficient evidence to show that the strike of the al leged mineral vein extended with the loca tion across the townsite; and that the min eral location and applocation were not made in good faith, but for the purpose of obtaining ground valuable only for town site purposes. The Helena land office, after hearing both sides, decided in October, 1891. that the ground covered by the Balti more lode location had no mineral value, and that the portion in conflict with Rob inson City was more valuable for townsite than for mining purposes. The mineral application was or dered oanoelled to its full extent. The mineral applicants appealed. The act ing commissioner, in deciding the case, reviews the testimony taken at the hearing. It shows, he says, that on Sept. 7, 1887, some miners and prospectors employed in that neighborhood held a meeting and de cided to survey a portion of the ground, for the townsite of Robinson City. This was done and quite a town has grown up, though no appplication for townsite had been filed. The mineral location was made Sept. 23, 1887, and the claim was partly de scribed as "running across what is.now known as Robinson City." The official survey made the claim extend 200 feet further north than it did when located, a discrepancy, the acting commissioner says, not explained satisfactorily in the testi mony, and although about fifty buildings of Robinson City are located on this land, the plat and field notes make no mention of the fact. It appears that the site of Robinson City is a low flat or bottom,about 600 feet wide, extending northwest and southeast, surrounded by high hills and traversed by a small creek. About one half of the mining claim, as surveyed, is within the boundaries of the town, the dis covery being on the slope of the hill in the southern part. It was alleged that no mineral had ever been discovered in the fiat where the town is located while the mnineral claimants held other wise. The acting commissioner says, re garding this matter: "I am satisfied that the Baltimore claim is at best a mere pros pec.; that no valuable ore has ever been taken therefracr, sold or shipped; and that t if a mineral bearing vein exists at all, which is doubtful, its strike, following the course of the hills, would extend northwest and southeast from the discovery shaft, and not I across the town of Robinson City as located." He thinks the existence of a valuable lode a mere conjecture, and that the four years which have elapsed since location afforded ample time to establish the mineral character of the claim. He is satisfied that what ore is on the claim is float from the hills, and that the lode does not contain mineral in paying quantities, "I therefore cnclunde," he says, "that the land involved in this controverEey is non. I mineral, and at the present time most valuable for townsite purposes." He affirms the decision of the Helena offire and rejects the mineral application. A. H. o Nelson and W. O. M. Settles represented the miners, and John W. Eddy, the Balti more Mining company. Knights Templar Excursion. The Union Paoific system is making ex tensive preparations to carry excursionists from Montana to Denver, on account of the meeting of the Triennial Conclave, Knights Templar, at Denver, Aug. 9. The rates will be so very low that none should fail to take advantage of this opportunity to see the Queen City of the west and surrounding country. All railroads in Colorado will make excursion rates from Denver to all ~points of interest in Colorado, inlauding Pike's Peak, during the months of August and September. Tickets will be on sale from Helena, July 15 to Aug. 10, inclunsive, good for return until Oct. 10; $85.85 for the round trip. E. L. Lomax, H. O. Wunsona, G.P. & T. A., F. & P.A., Omaha, Neb. Helena. Mont. New line of muslin underwear just received at' lnutcher & Bradley's. G. A. R. Line of Marsh to the National Encampment at Washington. The directness of the route, facilities for rapid and comfortable advance, makes the Pennsylvania lines the desirable avenues of travel to Washington. The train service is characteristic of the Standard Railway of America; Pullman Vestibule Dining and Sleeping Care and Modern Day Coaches, marking the highest conception of railway equipment. Connecting lines from the wrest and northwest enable passengers to take fast through express trains daily at Chicago. Side trip to historic Gettys burg if desired. For details address J. M. GaRExIs, Traveling Pass. Agt., St. Paul, Minn. Albert Moes ha just published his latest novel entitled, 'Wihy I am SinglV." The sale of his novels has been unprscedenteas sales to date be ingover 620.000 copies. hr sale at the Bee Hive J ust Received. Six gross (884 boxes) Jacquot's French blacking, the best in the world at 10 cents a box. Ten gross (1,440 bottles) Hires' celebrated root beer, temperance drink, 25 cents a bottle. An elegant assortment of Eastman's and Lundborg's perfumes and toilet waters. One thousand dollars worth of imported so lid back hair brushes, Loonen and Kent's, best made. H. M. PAncllmc & Co. Ploneer's Association. Pursuant to adjournment the Association of Montana Pioneers will hold its regular annual meeting at the court house in Hel ena, at 10 a. m., on Thursday of fair week, Aug. 1$, with a banquet in the evening. 8AMuuKL WotW, President. ('oaNaIurr HlMtures, Secretary. State papers please copy. Noinlll times at the lies Hive when goods are soli atl i. ilrie that would be considered cheap, asywhere. \Vanted--Table Board. grr or five gentlemen wish to arrange for first-class table board (breakfast, lunch and dinner) at some private residence. Willing to pay good prices. Location con venient to Main street preferred. Address K. K., Independent. COOL - SHOES FOR HOT WEATHER. We want the hulk of your trade, and we will have it if we have half a chance. Can show you the newest styles and largest stock in the city. J.P.W Oolmaa&Co. Next Doer to First National Ba.k. YOUNG SHOPPERS. If you buy your groceries where you have to keep your eyes wide open you will be caught napping some time. hoeever watch ful you may be. That isn't the way to go about it. Buy them where your personal inspection is unnecessary, where what you don't eee is sure to be as good as what you do; in short, where a child can purchase with just as much safety as its mother. The place to buy is where the best of everything is kept, where the worst of anything is un known, and where inflated prices are not iikely to be asked. We keep that kind of place and we also keep a particularly fine stock of Teas and Coffees. TURNER & CO. MING'S OPERA HOUSE; J. C. REMINGTON MANAGER. --NIGHTS ONLY-2 WBDNSDAXY, I JULY 26-27. 2-NIGHTS ONLY- B LUE JEANS. Original production as given for 318 nights at the Fourteenth Street Theatre, Now York, In troducing all the great novelties and mechanical effects, including The Little Blue Jeansus Baby. The Rising Sun Roarer's Band, The Great Barbeeue Ceene. Ihe Little Bull Black Wonder, and The Realistle Saw Mill In Operation. Seat8 on sale at Pcpe & O'Connor's Drug itore, Monday, July 25. EVERYTHING IN Montana Sapphires IS IN THE U6 TTING. Have You Had Any Cut -BY 0. 0E SOLA MENDES & CO. 61-53 Maiden Lane. N. Y. STEELE, HINDSON & CO. - JOBBEBS OF- Hay, Grain, Flour, Fed, Iolled Oats, CORN MEAL, POTATOES, ETC. Storage and Commission Merchants. Consisn meuts Solicited. Wholesale .gents for the Celebrated Royal Banner and Pride of tIh Valley Flour. Tellephone No. 10., 1.a2 iBoeman St. Near N. P. P'assenger Depot. NOTIcEI TO CREIITO1RS, IN THE MATTER of the estate of Walter W. de Iarcy. deeeaso,. In tile dJietrlct court of the First Judioitc dime triot of the tate of Aontaain i aadt r the countiy of Lewis ani ('larke. Notice it hereby given by the undersigned, ad miniotrator of the estate of Walter W. toi lancy, d~icease to the ordltin oar , aoi all pertiut ihavti rialois agaitnts, tsii cldd dsoee, h o - lilbit then., with the ncessary ?oUkhors, wllhiu ton months aftler tihe first Inhliatio of this notice, to the said admini.trator at this nion, room lt. iuold block. in the city or lIelens, in the eouuty of I.ewis and Clarke. state cf Montana. tie sanme bollag the plne for the transaction of tihe butnmes of said eotate in sall county of Lewis and Clarke Dated, LHolenlt Montana, Jutle S21, 18th. WE. DSI LAC:Y Administrator of the estate of Walter W. de Lacy, docesetd. e* O I-ho CD 0 P 0> 0 yo CD d iU I 0 + 10 Ac P. w '1 0 CC P CoUO ýo H o oD n. 0 C o o (D c1J pja CD wDp -. CD u F H o I\ I O ~CD CD C+ E·Q U, C p m. y Ob '1, td c ri I-I ~30 Imf m U, C o ci2 CDc to ' CDO '1 (H( 0 0 rC 0i~'Dbh T. G. POWER & G 0., Montana Agents for the world renowned Walter A. Wood arv. vesting Machinery, Single Apron Binders, Mowers, Ralus aid Hand implements of every description. Sohuttler and Rulhi.ld Wagons, etc. Send for circulars. 7MONEY TO LOAN. On Improved Farms and City Property, AT REASONABLE RATES OP INTEREST. STEELE & CLEMENTS $ 1 ,O 00,0 00.00O TO LOAN. On Improved City and Farm Property, for One, Twq, or Three To.mg At Lowest Current Rates of Interest. WILLIAM BE LAGY, Rooms 21 and 22 Gold Block, Helena, Mont GREAT REBDUTION SALE -IN MILLINE RY THE COMING WEEK. A large stock of Trimmed and Untrimmed Hats will be Sold Regardless of Cost. MRS. S. A. FISHER, No, 15 South Main Street, Novelty Block, Capital Paid la. $.,000,000. $ f f Ae0ta4 Ovqr $i40,44mII FOR ABSOLUTE SECURITY AND FOR PROMPT PAYMENT OF LOSSES INSURE WITH THi Quardian Assurance Go., =_O=c. L"OlQDOT'n t. F. LACRIOIX, AGENT, PWELl.A, - MONTANA. GRANDON CAFE. ''Il CORNER SIXTH AVENUE AND WARREN. Is Generally Renovated ad Under New Management - - I $7-ER--W'EE---7 ....-- ...TERMS: TICKETS, 21 MEALS, $8. [.i*--, SSINGLE MEALS, BO CENTS.__I MRS. M. C. WARMKESSEL, PROPRIETRESS. Another Week of Bargains * S AT S C FOWLES' CASH STORE One Lot of Ladies' Silk and Kid Gloves, Reduced from 60c, 750 and $1.25 to 500. < One lot Misses' Blouse Waists, Reduced from $2, 20 to $1.25 One Lot Ladies' Seamless Hose, Reduced from 250 and 35o to 160o per pair, One Lot Children's Seamless Hoser, Reduced to 100 per pair, Great Reduction in Pattern Hats. FOWLES' CASH STORE ; The Lcadins Millinery, Notions and Fancy Dry loo( Hous loi tie t11 l! WE CLOSE AT 6 P. M. EXCEPT SATUIRDAY ~ .