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THE BANK WINS ITS CASE
Abilgnment of Greenhood, Bohm & Co. to Max Kahn Was Fraudulent. One of the Most Important Civil Oases Ever Tried in Helena. After Three Weeks Haaring of Testimeny a Verdlet Ise Reached by Tea Jurors. The speoial findings of the jury in the ease of the Merchants National bank of Helena vs. Max Kahn, assignee of Green hood, Bohm & Co., were read in the district court yesterday morning. They charge that Ferdinand Bohm withheld money from the assignease, but the jury were unable to state the amount; that lasseo reenhood did retain property from the assignee with the intent to hinder, delay or defraud the ored. itors; that the firm did not have any under standing with any of their creditors that they should be preferred for a larger amount than was actually des them; that the aslignors did not have any understand idg with Max Kahn, the assignee, that any of the property turned over to him should be returned to them; that there was no un derstanding that the trust should be ad. ministered in their favor by the assignee; that none of the creditors were preferred for a larger amount than was due them; that the amount due to Rejall was not the correct sum due on Feb. 12, 1892, but that it was done in good faith; that the assignors did not fraudulently conceal from assignee some of the property with intent to defraud their creditors: that the execution of the mortgage of his homestead by Isaac Green hood to Ignatz Weil was made to frauda lently cover up some of his assets; that the deed made by Isaac Greenhood of the prop erty in icohmond Hill addition to H. Bar nett was made to hinder, delay and defraud the creditors of Greenhood, Bohm & Co.; that the defendant, Max Kahn, as assignee, tid not take charge of the New York prop erty until after the assignment, but that he could have done so reasonably before the attachment; that the alleged indebtedness of Col. Morse of $8,500, as set out in the assignment, was a firm indebtedness: that the stock of goods in Helena, with the book accounts and bills receivable, on the day of assignment was about $75,000; that the total indebtedness of the firm in Helena and New Yo k on the lest of February, 1890, was about 8210,000; that their total indebtedness on Feb. 1, 1891. was $240,000; that their total indebtedness on Feb. 1, 1892, was about $250,000; that the defendant owed Ca olire Westheimer on the day of aseign ment $2,436.93; that Greenhood was not indebted to said I. Well on the day of exe cution of the mortgage, and that L Weil did not know of the execution of said mortgage before the assignment; that L Weil did not have anything to do there with until after the delivery of the assign ment; that the real estate on she date of the tssignment was valued at $5,000; that the valve of the house and Improvements was nbeut $4,00t); that H, Barnett did not know anything of the execution of the deed to him until after the assignment, and that said deed was never delivered to him, but that the firm was indebted to him on the day of the execution, and that the said indebtedness amounted to $1,385; that the actual indebtedness of the firm to E. le jall, was in the sum of $42,035.83; that I. eil was a co-partner of the firm in 1890. but said oo-partnership was dissolved; that I. Well conducted a mercantile business at Sand 'oint, Idaho, on Aug. 1, 1891; that he bought out the firm of E. L. Weeks & Co. for $3 750 obtained on the credit of G.een hood, Bohm & Co.; that the volume of busi esa done at Sand Point amounted to $90, from Aug. 1, 1881, to Feb. 12, 1892; that easea Greenhood raised the inventory 20 er cent. above the original cost to cover the cost of freight and expenses; that Bohm knew this to have been done; that credit as given each of the defendants in the sum of $5,000 on June 1, 1891, to make a better showing in the capital stock of the partners; that the amount of inventory on Feb. 1, 1892, waa $57,5(4.30; that the aver .ge gross profits on the sales of merchan dise was about 25 per sent.; that the amount of merchandise on hand on Marsh 1, 1891, at Helena, was 8189,929.56; that purchases on that date to Feb. 1, 1892, amounted to $257.204,62, including $15, )44.37 freight; that the amount of sales for the same period amounted to $342. 173.82; that the amount of mer .bandise which should have been on hand Feb. 1, 1892, was about $120,000; that the defendants bo rowed 859.400 from E. ejall; that the Helena and New York rms increased their indebtedness in 1890-91 about $40,000; that the deed of assignment as made with intent to hinder and de ;rand the creditors; that Max Kahn par icipated in the fraud; that the firm owned 'orty shares of stock in the Consolidated Milwaukee Beer company, va.ued at $1,850, which was transferred to sail Kahn for in ebtedness owed by the firm to the beer rompanv; that the said stock has been sold lineo the assignment, and the debt of the ,eer company paid oat of the prooeeds ,hereof; that both Greenhood and Bohm appropriated portions of the assets of the irm in money and goods, wares and mer shandise before the execution of the as ligment, which they refused to turn over o the assignee; that this was done with randulent intent. The oase Is considered to be one of the nost important ever tried in Lewis and lIark* county. It lasted three weeks. )uring the trial Henry M. Brandegee, one i, the original twelve jurors died in the ourt room, and Henry Bieben, another uror, was excused on account of serious limens. In the jury loom on Htaturday an nformal ballot was taken on the question, 'fraud or no fraud." It resulted eight 'fraud," two "no fraud." Informal bal ots were then taken separately on each of he sixty-two questions or findings, after whioh formal ballots were taken, the result seing d tractioally unehanged. It after eards developed that forty-three questions r finding, received ten votes, fifteen re sived nine votes, one received eight votes, .nd three received seven votes. The bal ots indicate the fact that a jury of only en determined the final verdict. In brief the history of the ease is as fol weS On Feb. 12, 1892. G eenhood, Bohm ( Co. assigned all their property. real, per onal and mixed, in Helena and New York ity, including some real estate in seattle, Vash., to Max Kahn, who wee then aeting a their bookkeeper. Kahn took posseesion f all the goods in the store, and tels raphed to New York that an assignment ad been made of all the property and di. acted a party there to take possession of be projerty in his name as assignee. .mong the preferred ereditors under the stigmaent were Mrs. Caroline West eimer, $2,500: E. itejall, New York, $45, 00; Merchants National bank, $88,000; irst National bank, $17,000; 'iboe. (rnse avings bank, $7,500; Amerlcan National ank, $4,000; Mrs. J. M. ityan. $2.000; W. I. litkey, $4.100; H. Barnett, $1,987; Bachb. dory & Co., $1.900; Col. No so, New Chi 4io, $.fi00, and Cullen, Handers &% Shel )i, $1,000. The aseelnment farther pro. idd that if any assets remained after yaing the prefer ed creditors in full the inteferred e editors should receive their ro rata share of the balance remaining in ie hands of the assignee. On Feb. 13, the ay following the assignment, the Mer hates National bank, through its attorneys, pmmeneed suit in the distriot court, issued rit of attachment and directed the sheriff o levy the writ on the property in the unds of the aeslinee, end take and hold Sseesson. ' he sheriff went to the store d demanded of Kah., the assignee, po. slon of the store and goode, and ordered m to deliver over the keys to him. This refunsed to do, laiming that be aeld poe scion as assignl e of (reonhood, Iiohm & ., mnder the asugll ment and was ntitled to hold the propety. The sheriff then se. cured e larme boad, from the bank ad broke In, the door mud easted the aeslshe. of his posesaioni. Bubseqnently the bank -omme red the prMens emit whi*h is one I-n regny, ltk t` batae the Neinmment s-et aside a IfOauileOt, end the assets con. ertted Into eahb and aptpled to the pay dent of their judlment at law. John W. Thbmion was foreman of the Jury. and Elmer E. Woodmn *ecretary, Thu rematnain memhers of the Jury were J.. A Leook-od, F. IC Tuner, G. W. Mldw. J. L Phelpct David Blaeker, 1'. J. Connor, J. ,. F eeser and C, T, Perry. The Merchants National bank was reprt. seatoJ by MoOoanell, Claybert & Gunn and ex-Gov. Carpnoter. Kahn's attorneys were W. E. Cullen George F. Fheltin, J. A. Walsh, C. C. Newman and T. J. Welsh. New C.ses. The following slits were filed in the die triot court yesterday: Continental Clear Factory ve. William Blms, for $812;50; Har rison Marsh vs. George B. Diehl, to fore elose a mortgage for $1,200. GRANITE COUNTY. An Argument in Its Favor by One of Its Reuldets. To The Independent, County division schemes are at present absorbing consederable attention in the lobbies and among the senators and repro. sentatives. It would appear that the peo ple of Montana had suddenly arrived at the conlusilon that the matter of dividlng counties is at present a most essential ea tore for the welfare of the community at large, and according to the arguments pro duood it would seaem that nothing but good could result from the various divisions. Among the number of reasons and one that has a strong pull for division is made by the people from the pro posed new county of Granite. which will, if earried through, be segregated from De.r Lodge. The promoters of this division are advancing good reasons for the same, they Iropose dividing Deer Lodge county north and south, leaving Anaeoads in the old county and making Philipsburg the temp orary county seat of the new county of Granite. They claim, and are prepared to furnish the figures to show that the assessed valuation of property in the pres ent oounty is over $9,000.000, and if the division ic made the new county will her: nearly half that amount. The total output of four principal mines in Granite county has been for the past eight years $84,000.000, and the dividends paid to date is over $14, 000,000. The dietenee to the present county seat from the center of population and wealth of the proposed new ounty is sixty. five miles and the taxpayers are put to great expense each year in the transaction of business at suoh a distance. The only opposition to this bill so far as known has come from the city of Deer Lodge, yet the people who have been here from that plaoe say they will not oppose it if the dividing linh are not unreasonable to them. GRANITE. The electric cars will run until four a. m. for the accommodation of all who attend the Tur ner masquerade. On acconut of removal to California W. E. Thisrlewaite will close out his entire stock of hoots and bhoes regardless of cost. COMING ATTRACTIONS. The tragedians, Frederlok Wards and Loulls James supported by their fine or ganization of thirty people, will be seen in a s roduotion of Shakespeare's tragedy "Othello," at Ming's opera house to-mor row evening. This will be the first appear anee of Messrs. Wards and James in this city sines their consolidation. Mr. Wade will be the lago and Mr. James will oact the title role. Mr. Warde's Itao is. claimed to be an exquisite impersonation of this most diffloalt character, while Mr. James' Othello is said to be nearer to the jealous Moor of Shakespeare than that of any actor now upon the Ameliean stage. The splendid scenery and dresses used for the same play by Edwin Booth and the late Lawrence Barrett have been acquired by the Wade-James management. Both Mr. Warde and Mr. James have heretofo e been fully competent to hold their own as in dividul stars, and their joint appearance is naturally expected to I roduce results of extraordinary brilliancy. The reserved sale of seats opens this morning. All overcoats at cost Monday, Tuesday and Wed.rt.l.y. Phenolx Clothing Co., b North Main street. New line of ladies' white aprons, 25c. at Butcher A Lradloy's, 105 bioadway. SCHOOL FOR BOXING. To be Opened Ina the Murphy Block by Billy Lewis. Billy Lewis, better known as Charley Persell, who has shown that he knew how to take care of himself, is now ready to teach others how to do the same. He has opened a school for boxing in room 8 of the Murphy block. His hours of instruc tion are from two to five in the afternoon and seven to ten at night. Turke red table cloth. go, d quality of linen, this week at ' he lee Iive for 25le per yard. Thirty-six-inch Lindsay cloth this week at The Bee Hive only 0Oo per yard. worth 60o. Grand Opportunity. Twenty thousand dollars worth of choice groceries to be saet ificed, commeneing Sat urday, Jan. 14, we will offer the above amonat of rose, les at private sale and eon tinue from day to day until closed out. Remember the place, sorner Sixth avenue and Warren street, in the store room for merly occupied by the A. R. Gates Grocery company. Dealers in the eity and adjacent towns and mining camps will find this a splendid opportunity to lay in their wint, r supply. These goods must be closed out within the next thirty days. JAMES I ULLIVAN, ManRager. Ladies' heavy wool underwear, natural gray, ladies this week for $i, considered cheap at double the amount asked. 25 Reward. Hy resolution of the city council of the city of Helena of date of Jan. 10, 189', the undersigned was instructed to offer a re ward of $25 to any person who will give in formation that will led to the arrest and conviotion of any person found maliciously tampering with or injuring any fire alarm boxes or fre apparatus of the city, or break ing window panes or otherwise injuring any property within the city of Helene. In pursuance of said resolution the un dersigned hereby offesa the above reward. LYDNEY II MclNTrir., City Clerk. Helena, Jan. 12, 1892. The Pee Hive comes to the front this week with some ae oial prices whichl canrnot be beaten. tbee their ad. in another column. . A Coal FPamine. Don't let a coal famine overtake you, bat divert it now by calling on the Montana Lumber and Manufacturing company, who have just reoeived a large consignment of choleo oual. D PRICE'S g~glBaking rL~Powder The only Pure Cream of Tartar Powder.-No Ammonia; No Alum. Used in Millious of Homes-40 Years the Standard. "MONE'Y FOU THlZE STATE." A Correspondent Quotes the Conslttutlei for (t. *1, Klnrau.a. To The lndependents In yesterda,'s Imnwn.nonus appears a o.mmuniealton over thb signature of Mr. 0. E. Uinman, of Woodville, entitled 'Money for the ittate," ln whloh we are ecolly Informed that the writer has "dem onetrated that, notwithetanding the pro. bibtonsrly clauses of the constitution of the United iftates, Montana has a perfect right right to establish a mint and coin money." That Mr. Kinman has succeeded in "dem. onstrating" to his own mind that the states are not prohibited from coining money, can runroely be doubted, but he should rmeem ber that it does not follow as a matter of course th .t the proposition is beyond dis pute. He tells us that he has studied the finaneial question for some twenty years. and while this is persansive it is not conlo sive nor even convinoing evidence that his position is a tenable one. But to casp the climax he asks that someone point out to 'him where any of the states are prohibited from colning money, and while in the presence of his twenty tears of profound study it cannot bat seem presumptuous, it shall be done,. he lion 10 of Article 1 of the constitntlon of the United States reads as followes "No elate shell enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts." * * For twenty long years while Mr. Kinmnn has digged and delved into the massive volumes of statistics this innocent little h roviion has been in our constitution, and e raw it not. For twenty long years it has been the stone which the builder re jested, and for the lack of which at last his impracticable and impossible temple totters into ruins. But we forbear, for is it not enough that twenty years of study have been certainly misdirected, if not entirely wasted? "CoNSTITUTION." SLOWLY GOING UP. Tshe Temperature Yet Below Zero, but the Forecast is Encouraglng. The thermometer at the signal station did not get below zero yesterday, the max imum temperature being nine below at two p. in., and the minimum 24 below at four a. m. At six e. i. m. it was 22 below, at noon 14 below and at six p. m. 18 below. 'i he barometer was stationary all day, givlng the warm air a chane to come in, and un less the wind should change .om the south west, from which direction it came all day yesterday, to the north, there is a good ehanoe for the temperature to go above sero to-day. Reports from eastern Montana indicate that the cattle losses in that section are liable to be serious. A correspondent writ ing from Glendive says that on last Thurs. day it was 35 below and on F, idry 50 below, with a strong wind blowing and that cattle were dying by the hundreds. Reports from the Judith country, where it got down to 63 below, are also very discouraging, though no details have been received. As an in dication how cattle suffered a letter re ceived yesterday from bilver City. in this county, gave the information that twenty five head of native cattle had been frozen to death in one bunch. Trains on the Northern Pacilo and Great Northern were in better shape sea terday than in some davys. The Northern Pacific train from the west was right on time and that from the east only five hours late. The Great Northern was reported nine hours late. All the delay now is in North Dakota, both lines being able to make sehedule time in eastern Montana. Corsets! Corsets! Corsets! Large new line of corets just rece.ved at futcher & Bradley'e in b.e. and colors. l0t and upward. Legal blanks at this office. A pair of men's dogskin lined g loves for 40 this week at 'lbhe Lee Rive. LEGISLATIVE BAL MASQUE. A Grand Dance and a Chance to Vote for a senator In Congress. Montana State League No. 1 will Rive a grand legislative bal masque at the audito rium Feb. 13 (St. Valentine's eve). A unique feature will be a ballot for a United States senator. Tickets for dancers will be $1.50, and for speotators in the gallery 50 cents. All purchasers will have a chance to vote for a United States senator, and the one receiving the highest number of votes will receive his credentials. The creden tials will be on exhibition at Gans & Klein's after Wednesday. Ten per cent of the net receipts will go to the publio library fund. A pair of blankets can he had by calling at The lee o ive special sale this week for t5e, VWhy not keep warm. Fig drive in ladies' caehmoere' gloves this week at The I ea Hive. All co.ore, grades and quali ties tor rc. FOR SENT. The Hotel "Spofford," ied Lodge, Mon. An elegant three-story brick, just fln lahed, will be leased to the right party for a term of years. Contains thirty-five large sleeping rooms, a spacious dining room, bha, billiard room, barbershop and several parlors-not a da k room in the house-steam heat, electric lights, sail and fire alarm system through oat, perfect plumbing and sewerage. Fine corner room suitable for drugatore, bank or small business. Only hotel in town of 1,500 people, pres ent terminus of Cooke City division, North ern Pacific railroad, distributing point for northern Wyomin,, growing rapidly. For terms, picture of building or further into mation, write: The Rooky Fok 'lown & Electric company, (Owners), Red Lodge; Mont. A beautifal embroiderod cloak for infants this week only 422., at 'lhe i,ee Hive. Samuel K. Davis-·*peelal, INVESTMKNT STOCK8. Poorman (Coeur d'Alene)-1,000 shares, safe. Bald Butte-2,000 sharesa The best gold mine so far developed in Montana. Safe. Iron Mountain-On the present equip ment, development, amount of ore in sight, output, etc., and present price of stook. It will pay a better percentage than any stock in the market; 3tl3t per cent for 1892, with a fair probability of a large In crease in 1893. Benton group (Neihart)-The late devel opment of rich ore in this phenomenal mine has caused the withdrawal of most of the stock in my hanuds; 1,700 shares for im mediate sale is all at the present flgure. Whitlach Union-The present at toa of the mine and company of this coming great gold mine guarantees the stook a safe ur- chase. A few lots offered in which you can lose no money. 26 and 27 Bailey Block. Incomnarison with the a oloesal clearing sale at Da' de llroe. all other sales will sink into in signifieance. H1ELENA IN Rtlde'. Jackson's mualsc store. Bailey block. Walter H. Little. ITeph . 808 Power Uuldinlr WANTS: NEAT COTTAGE AND LOT. ABOUT $1,000. FISH. KINDS BROADWAY FISH MARKET Telephone 57. Lpeoial Delivery. Tonsorial Artists, MESSRS. LYNN & SCHIMPF, Have removed from 128 North Main titreot to t1n North Main ttreet. next to the kirst %ational Hank. Anthracite and Galt Coal, ALL KINDS OF DRYWOOD Batisfaction Guarsateed gb HERBERT NICHOLSON & CO., Limitwl Cor. Park av. and Jdward. at. Telephone 828 Skimmin & Whelan, Surgeon Dentists SIXTH AYE. AND MAIN ST. Gold crowns, bridge work and fillings. Teeth extractud without pain, also filled with. out pail by n'e of Lemx t biunding Instrnment. tpPoaia attention given to the regulation of ¶eeth inserted into the anmn painlessly. lets of teeth with porcelain guma at eastern prices. The wind blew through his whiskers and broke his lights. Then he went to the Paynter Drug Co. and got some more. Uo thou and do likewise. p --I can save you J. ), from 20 per cent to 40 per cent on your insurance. Send me your address and age, and I will return you an "illustra tion" of how it's done. Send pos tal or letter to Andrew Adams, room 31, Mon tana National Bank Building, Helena, Mont. Montana Central Railway TIME TABLE. In Effect January 1, 1898. ARRIVE AT RI.1NLA. No. 24. Atlantio Exrress. eastbound. 10:05 a. m n. .3. I'acitie , Ipreu, westbound... :20) p. m u. . Hutto I al ................... (:30 p. m I)EPAIT FROM HIL.XN A. No, 1. Butte o ........ ... 50 a m No. 24. Atlansio Elpr'seursa.tborh1. 10:15 a, m he. :1t P'aciic Expres., westbound... 5:0 p. m ATLANTIC EXPRESS. No.. , 1 sily.) Is Ilolepa'e Lest and popular train for ST. PAUl.. MIINNEAPOL.,, 1)LLUTM, .lICAOO and Leave ]Helena at0t:05 a. ,.. arrive t. Paul at :55La. m.. the eroond morning, and (:hicago at 9:35 p. in. the eame night. mLaking iimediate suinection four all points east and south. FoI further informtion mape, rate. et5, -all at CITY TICKET OFFICE No. O North Main street, Meleea. Or write the undersigned . ('. tHr1.BIN5. C. w.Prr-r eTr nsliZ) a.mueer At- it Tlioket Agt. 1. II. IL bAleY5. ueneral lioket Aaen.L C. B. LEBKICHER, Blank Books And General Bcokbini.ln. Mlaathaeterer of se Iadestraetlble rlat-Opelag Blmack Me3. Ne Katra Ces. ESTIMATES FURNISHED. Second Floor Herald Building, WE'VE EGOT r'E ... .-IN DIFFERENT STYLES------ And You Can Have 'Em AT COST FOR CASH. . T. G. POWER & GO. . . D1AMONDS. "® All Sizes at a Very Low Cash Price. Helena Jewelry Company. Asir PIERCE, MANAGER. . POWER BLOCK, SIXTH AVID r Jingle Bellnl Jingle Hllllt Jingle Ill the day! - - 0 whr unll I .s lu ride in a one-horse open sleigh. IF THE ONE-HORSE SLEIGH COMES FROM THE H. & S. HACK & TRANSFER CO.'S STABLE ... .:=IT'S ALL RIGHT. - OPFPIC TILEPHONr 0 .e . "TABLU TILLEPMONU 8T. The Oldest Produce House in Montana. Established 1883. LINDSAY & CO., Wholesale Fruits, Produce and Seeds Fuller Avenue, near Montana Centra. Deont, Helens, Montana. We carrya fail liL of Garden. Field and r rae Se-da. Will mail catalogue on application. -L-NTED- First Mortgags on Improved Blsiness Property ANY AMOUNT FROM $5,000 TO $50,000. AT LOW RATE OF INTEREST. WM. DE LACY. ROOMS 20 AND 21, GOLD BLOCK *HELENA, MONTANA. IF YOU WANT A . . . Pure Extract of Beef Made from American corn-fed beef, richer in flavor and superior in "nutritive" properties than any foreign made article, buy Cudahy's Rex Brand Extract of Beef, or Armour's Extract of Beef. Both are as recommended and the best. H. M. PARCH EN & CO., W"AE LE HELENA LUMBER COMPANY S. AGENTS FOR THE CELEBRATED . GALT GOAL Also Dealers in Rough and Finishing Lumber, Shingles, Lath, Doors, Sash and Lumber. . . . . . . TELEPHONE 14 . . . * . City Omee. Room 8, 'rThompson Block, Mala Street. Opposite Grand Central Hotel. ARTHUR P. CURTIN'S FURNITURE, CARPET, NEW MUSIC HOUSE. WALL PAPER AND oose Farldsbin GHoofs HOa PiS a. os, orga u.., Orgulnettes, Guitars, Violins, Accordiene None onlrged to fear times .rme. empolty. A D A PULL LIND of entire blimock. f ooratending thro-ugh the MUSICAL MERCHANDISL.. Stock grmter than that of all other RIelena sole anw for Steiowr e Bone s o.. . , .m combind. Gable, I .r man. W er .oa a Harm. t lief cash .arobeae sad stratbt arload ship. ad Other r Ma e uiano -.l'Orde.o will reolrs prompt attontie n I ALew pricee sad easy . rie. iCL N.. * 1, B L2ONT ALI'.TA THE GODES. Political, Civil, Civil Procedure. FOR SALE AT THIS OFFICE $2.50 Per Volume. o.* J. L. SMITH a.* Freight and Transfer Line HELENA. MONT. All kinds of merchandise and other freights, including ore., pro.nptt tra.ferred frgm the d !pot. J.rldor.l reo l0 pr,.n pIt SttLtioU. 0lna.o t J. ¥eldeo'r btore asd at the deoot. STEELE, HINDSON & CO., S... JOBBERS OFP. . flay, Grain, Flour, Feed, Rolled Oats COMN MEAL, POTATOES, ETC. Goode Recolved or Storage at Low Rates Correepondenoe wI h naohmen so olaited. as we are .ways realy to pu, obuas oats lin large q.utteu for Lcb. Wholesale spents for the Celebratsd Royal Banner and Mon tana Belle Flour. 'I'.eohon. No.0 100. t lru t Neasr N.P. passg 112Z bocemna ttrust I, -11 Depot.