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The Helena independent. (Helena, Mont.) 1875-1943, July 26, 1892, Morning, Image 5

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83025308/1892-07-26/ed-1/seq-5/

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Legal Fifteen Puzzle Presented
to the State Supreme
Promissory Note Plays a Very
Important Part in the
Kielnschmldt Got a Verdict on the
tIrial in the District
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
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
Odaontunder applied to the aums for
painless extraction of teeth. Positively
na pain. Dr. Sklmmin, dentist, 81sth ave.
aod Main.
Protect the Health of Yourselves and
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.
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.
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.
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
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
To Intending Purchasers of Ore Reduclng
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
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.
A Controversy Between Lot Owners
of Robinson City and a Lode
The Survey of the Latter Ran
Right Through the Cor
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; $85.85 for the round trip.
E. L. Lomax, H. O. Wunsona,
G.P. & T. A., F. & P.A.,
Omaha, Neb. Helena. Mont.
New line of muslin underwear just received at'
lnutcher & Bradley's.
G. A. R. Line of Marsh to the National
Encampment at Washington.
The directness of the route, facilities for
rapid and comfortable advance, makes the
Pennsylvania lines the desirable avenues of
travel to Washington. The train service is
characteristic of the Standard Railway of
America; Pullman Vestibule Dining and
Sleeping Care and Modern Day Coaches,
marking the highest conception of railway
equipment. Connecting lines from the
wrest and northwest enable passengers to
take fast through express trains daily
at Chicago. Side trip to historic Gettys
burg if desired. For details address
J. M. GaRExIs,
Traveling Pass. Agt., St. Paul, Minn.
Albert Moes ha just published his latest novel
entitled, 'Wihy I am SinglV." The sale of his
novels has been unprscedenteas sales to date be
ingover 620.000 copies. hr sale at the Bee Hive
J ust Received.
Six gross (884 boxes) Jacquot's French
blacking, the best in the world at 10 cents a
Ten gross (1,440 bottles) Hires' celebrated
root beer, temperance drink, 25 cents a
An elegant assortment of Eastman's and
Lundborg's perfumes and toilet waters.
One thousand dollars worth of imported
so lid back hair brushes, Loonen and Kent's,
best made. H. M. PAncllmc & Co.
Ploneer's Association.
Pursuant to adjournment the Association
of Montana Pioneers will hold its regular
annual meeting at the court house in Hel
ena, at 10 a. m., on Thursday of fair week,
Aug. 1$, 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,
\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.
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.
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.
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.
Montana Sapphires
Have You Had Any Cut
61-53 Maiden Lane. N. Y.
Hay, Grain, Flour, Fed, Iolled Oats,
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.
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.
Administrator of the estate of Walter W. de
Lacy, docesetd.
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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.
On Improved Farms and City Property,
$ 1 ,O 00,0 00.00O
On Improved City and Farm Property, for One, Twq, or Three To.mg
At Lowest Current Rates of Interest.
Rooms 21 and 22 Gold Block, Helena, Mont
A large stock of Trimmed
and Untrimmed Hats will
be Sold Regardless of Cost.
No, 15 South Main Street, Novelty Block,
Capital Paid la. $.,000,000. $ f f Ae0ta4 Ovqr $i40,44mII
Quardian Assurance Go.,
=_O=c. L"OlQDOT'n
Is Generally Renovated ad Under New Management
- - I $7-ER--W'EE---7 ....--
...TERMS: TICKETS, 21 MEALS, $8. [.i*--,
Another Week of Bargains
* S AT S C
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.
The Lcadins Millinery, Notions and Fancy Dry loo( Hous loi tie t11 l!

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