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Case Will Nowi o to the.
adlrage Knowles Will ?Mtske 31e O ellllre to Them This Mora-- e r. MUshesr foe the Defeadeat Red ir. f'ole for the Platti nlli ve L tLo* The greae mining ease will "'Igo t-heljt$ pome time to-day. Arganeanith mwee slede yestedlay from 10 a. m. uatil.12, ead from two p.:m. until five p. n. The eloelng :ones of the trial drew a much larger"tuy aienee than at any time danJng the AV9 weeks it has been going on. A number of members of the Helena bar were piflet yesterday and stveral ialts,t DuLI'pgw.slr of th'e afternoon, when .Wei6ep Voe'.; wi makin' the. closing aygumi!t for, tº St. Louts company, Associate Jnstice DeWitt, of the state supremoe .Otii tat 4t to Judge Knowles, and sear by Mr. Tools was his brotl~er, Ex-Gov, Joseph KI Tools. Charles i Baughes, r., of Oplorado,s.qa-e the elosing argument for 'the Montana company limited. He talked frqi the time the court adjourned yesterday moaning until noon., He is a young man, and has every forcible delivery. This is the first time he has appeared in a court in Montana, and he bas made an excellent impression upon the lawyers engaged in the oase. n'lm-. swing up he said: "I have thus gone soat teringly over what was left of this cqes for sue to present. I know that in attenpting todiscusm theease 4 am attempting to toneh in places the plotqire which was placed upon the canvas before youby Judge Kirkpatrick and Judge Cullen and I have run the risk of blurring the ilias ealdlm-. lag the coloring, They have traced all so clearly and distinctly, filling In its otlis9-e so perfectly, that there was uothia tor nme to add to what they had said. But In a case running the length- of time this has lasted, with its various features and bymaches end matters that carne through out its course, there is always something to talk about, and . thus' aingl infiicted five weeks of testimony upon-you, and a visit to the mine, we could not find it in our hearts to let you go, and therefore talk to you a little. Something was sald about the damages. I have not disoassed them, and my reason 'frankly, gentlemen, uron that is that I cannot conceive it possi hie upon this e.videnee that. an dinAleter ested man can believe there exists on Drum Lammon hill this broad, wide vein that hae been talked about he-e; or it such a state of eets- couN possibly be imagined to be found there, as they have told us, that any body under this evidence could dream of its being n vein of the law or entitling a man to follow it and claim, ,ore in hi neighbor's ground., I haven't any' qu rel (ith the law, but it is a law which must be complied with before the rights it grants can be enjoyed; and certainly there has been a signal failure here. This iso no case in which the daring prospector gotag first upon the ground and finding ore is to have it as the reward for his hardships rind his adventure, but It is 6ease in'whieh the ore was found and khown 'to exist for years, and grodinl About on that 'hill cer lain learned gentlemen undertook to con vince Mr. Mayger, who had been content according to his knowledge of that hill to seek other veins and ores, that here was. Irise pex and here was a wilful trespass hee is a deliberate pp; ropriatio.n of the l rorerty of his company. "Gentlemen of the jury can it be believed that these gentlemen had any reason to suspect that they were mining somebody elses ore when Mr. Mayger htmself came reluctantly to the conolution, as he told us. that he had a portion of the vein or the apex covering that ore, only after he had Iretened for a week or two to his': xperts who had painted it so glowingly that be did not want to resist them and e' finally came to that conclusion. Are we willful trespassers? Why should we know it when he did not. Now. under 'these ciroum stances. I do not think it is pro: er to oon aider the idea that on that evilence a man could find that whatever ore had' been mined in these stopes did not belong to the people who mined it; that the burden of proof, the weight of evidence the law re quires, not the number of witnesses, bet the weight. the character, the forae, the ron sonableneas of the evidence is necoessary to convince you o'early that this ore bt longed to somebody e'se; that titles would be put afloat upon such a floutuating sea as the opinions of these interested experts, and believing that, I have to ssy to you in my opinion that there is just (e m heb evi dence here to show that the plaintiff ought to have $2,000,03 for ore faken.out of that ground as there is, that they have a vein or are entitled to an ounce, a dollar or a dime for aunythin that has' wver been, mined by this defendant; opon tat propossilon I al content to submit this case to tho.Jary, and I desire to say in conolusion to the court, to you my associates and to the op posing counsel. that this case has been to me, while long and tedious, remarkably pleasant, and I shall ever have gratefal recollections of it because of the courtesy and kiadness with which I have, a stronger in your midst, been treated from the 'lay of mn arrival down to the present time." W n ren Tool, of the defendant's dounsel, foltowed Mr. Hughes and spoke for three hours, reviewing the case in all its details. He spoke with much feeling when he reached that portion of his address which referred to William Mayge.. In opening he said to the jury: "I desire before the commenormentpf the ergument in this case to add to what has been said with reference to the manner in whioo you have given at tention to the testimony in this important case. Indeed, the manner' In which ouu have listened to this evidence, and the evi dent p: pose you have had in view to get at the merits of this contention has eon tributed much in conducting the case by the attorneys, who have in keeping with the example you have set, done nothina that I have per ceived to mar the pleasantness of this trial. It has certainly been nuattended with that spirit of antagonism, even vehemenoe, which sometimes leads to a state of feeling not at all deslrab.e in the trial of a case even of this importance and mansti tude. 1 think you will consider that I am performing nothing but a duty when I 'e move from this case ,whatever prejadics may have been placed upon my client by the remarks that were made by Judge oul Ion tending to couvice you that this case was instituted for the purrose of black mailing the defendants in this action. In deed, I should feel that I had failed to rer form a saoled duty to my client, an obliga tion to an old citizen and resident of your state, did I not at least give a pnasing notice to the futile reasons that he has as signed in assailing Mr. Mayger upon this trial. "In order that this ease may be removed from all aseidilon of preiodio* f, any exist, I shall ask your attention for a mo ment. Mr. Onilen has seen prouer, gentle men of the jnrr. to f at call your attention to the fact that in the complaint we had set out the claim of the plaintiff by meets nnt bounds and hrged upon you that this established a fact that tended to show that his pa.pose was to blackmail the defend ants i this action, to compel them to pur chase thia promper. regardless of whether they wanted to or not when section fo of lth stsatles of our state requiree that in pltad. Jlas of that charaster it shall be eet out with such certainty and rreelslon that an ofcer in the execution of bla process may see and know the Ineeand boundaries of the claim. It 1e not only a statntory provision, but it has bean held by many of the ooartp as an absolute utomeasty no apprising your adversak- of the boun darles of your claim. Mo that this perdlo. . ..l A&&n th itat tllan, 'T ta' utole aa at to the ate e Shis ollet easily of looking after teee. i qah'snser that when he re over asen he will be able to s eot om it. And to say the h l nor frton, Wee ia ta qua o e 10 " n whethet or on the, l ulits t Wot auth ie ands witlhco ra'lt`p, twhee ho i onor ralted theat one of tshe deadasate l bis one war not liable, ad held the otobt reeponsible under the iidence for whtever damages the p!aintif t e sutaed, it was a vincilo tion ao 4 Jbtoftbi t inf tbis neloon to oIn thse pae to hold them resposn ihbli to the same bttent as the oorporation. So that in o ftr he this matter iL con eUrned, it doesle to me that you would be jstifed ~i anuig good faith open to ~partIof rt Mav;rn In hltctitu th i aEttl(., Sbot OAl we aee told tnut this Iult bad been brolght for more damlges than we have been able to prove, and heI etmi So.h ahith ig are for the purpose oh making these defendant. purchase oar P It prlineipl of law, not only within the great oqnatry In whloh this corporation wea organised, but a doctrine of the com mon law, that no differenoe what may be the purpose or objeot of an individual in fefora l d hierdants, they cut no fliabre i deefhlnld thseld tbghts. If on uere the owner of a hose and lot in the aity of Helena and some one has intruded into the ponseleon of that properyt , and you wish to Ipstitute a salt to eje him from It as an intruder, it would not be urged against you that you desired to get him out for the pnurpose of selling him your prop erty; it could not be urgesl anC.ins you thai you ware destrous of get tingnio out for the purpose of makina a speculationl n asp 6ther way with reference to it, because the law wotld say that it makes no differene what was the plao of thboowner; thatthe jury shouldd etr. mine what are the rtahts of the individual to the property itself regardless of what his pgaoleni or objset maiy be, In o far then a thlis matter a ionueera ed aa matter of principle it has no foundation t he doo trios of the law that would suppo't the idea that you should take into consIdera tion the pnrposes or reasons that impel n man to vindlsate his r fihts in a court of justice. When those questions are pre sented to you, you etrip them of all snoh launense, you etrip them of all feelings that could possibly be engendered on ac count of the parties to the suit and pro sred to determine the respective rights of the individuals that are litigating the case. But this eis not all. There is a eature in this case which makes the assaults that were made upon Mr. Mayger crnel in the eztreme, "'It l in evidenes before f ou that in 1887 an application was made by Mr. Maygrer to theee defendante to get beneath the surtnur of the groand to see what they were doing beaow before be would commenoe suit to advise himself with reference to all the facts before he would venture upon n sea of litifatlon. He served upon them a request to 4o se, and Mr. Gullen, Who hase tppped so far outside of the dutiee that he owes to his client as suggested to you during the progress of thle trial from beginning to end, said to Mr. Mayger, 'Yon can'tget into. our premise; you shall see. nothing nnder ground until yon bring yor nsuit;' an after fo-alng him into that position, after compelling him as a last resort, without an opt ortualty to see the inpaesions, whatever they might have bben. to brine this sult, he turns upon him in the court room and ears to him: 'SIr, you are a blackmailer foir bringing your suit;' putting him in the aituation where he might say to him, 'Yon shall not see what we have done without brineing your btot, and if you bring a suit we will charge you with blackmail.' if this is the kind o charity, ift this i the kind of treatment that an individual is to receive when he does the only thing he can do, brings his suit to try his rights before you, yea may as well dash uender the balanoes that have been held for ages by the godtdess of jastice." During the course of his argument upon the character of the St. Louis vein Mr. Toole caused some laughter. He had oc casion to refer to the diamond drill o aes produced in evidence by the Montana com p·any and which it is alleged came from tIe ground of the plaintilff. Mr. Toole said the cores reminded him of a little story about som saunsages at Vir.mnia City in the terrtorial days. The character of the sau sages was in doubt. They were dried up, and possibly mineralized, he said. They were given to an asayer who reiorted that the links were animal nnd vegetable and were made of a dog but he could not deter mine what doe or whose dog it was. The court adjourned at the conclasion of Mr. Toole's agunment and will convene at 10 a. m. to-day when the instructions to the jury will be givenT. KNOCKED TVO TEETH Ou . Pror. Herschfeld Brings Silt for $1,000 Damages Against Mr. Cape. A suit for $2,000 damages has been Sled in the district court for the loss of two teeth. The ilaintlff is Martin H. Hlsrch. feld, a music teeoher who lives in Helena, and the defendant is George F. Cope. the assist:tat cashier of the American National bank. The complaint al'eges that on the 24th of last April "the defendant violently assaulted the plaintiff and strack him upon the fase and month with sueh force as to knoek out two of theplaintiff's upper front teeth, and di4 then and there knock out sold teeth and otherwise did beat and bruise this plaintiff. That because of the loss of said teeth as aforesaid this plaintiff is permanently disabled to his damage in the sum of $2,000." On the date nnmed the parties to the isit had a dispute about the sale of a piano and stool. bluing the argument Mr. Hersohfeld used lan:guage which Mr. Cope resented with his fist. Wade & Barrows ate Mr. Herachfeld's at torneyr. I reil Latske at this offite. Attention, nattery A. All offoers and members of Buttery A are ordered to report at the armory this Thu 8 day evening in fatigue uniform. T'. . PALME. Carptain. F. L. DA:. First Sergeant. Dr. Price's Cream Baking Powder Is swiftly taking the place of the cheap adulterated Baking Powders. The reasons for this are plain. It is the only Pure Cream of Tartar Baking Powder having any considerable sale. Price's Cream Baking Powder Works more quickly and does finer work than other brands. Makes Hot Bread wholesome, 6, BiscuIt white and flaky, of Pastry of finest flavor, a Cake that remains moist and sweet. a Griddle cakes that delight the palate. CAPS W SA* T Ifclgl" eg-s is 3get to Mke ma x~ Apper lto i lt if goe od wtoeatuil to ob bang fromi ai ty oke. braresel II ies lo make it hnna niacly that wan, then turn the yoke down all around to rtake a det phnwl aolear that fselons with one boiton tin front. I on'at tr to make ty o otr. sto - too well, for a shl eohiei ir suppodm to look as ri it were turned bask aoiodentall., and the ore this eoekt d I adherod to dee prettler the aspt will be. onleb Iint hard fo manage, too. moa are pto ap get iw too loose or tos0 pse 't esil take it ealy--den't li nt) LJ Let the edce be llvage If li oin bl or bind it, or finlh it with a balton bole stitch. The collar can be eped nith velvet, and remember that velvet ha inn some body to it, is eaker to naka cat wel thn light weht t silk waold. As tr colors, If you have material on hand almost any color will do. If roa have to by,, there are many edmbinatib.l wbloh the present season permits. One of the pret tiest, and one that preolaime the choise thir season, is green with brown. Let the collar be fsacd with bright green velvet, and the cloth soft brown cloth. With eneh a speo the round hat of aset year may be mande to o mediebly if you will set two bright emerald green wingp in mercury tashion right in front. Turn to the pioture and yoe'll see how it will look, and beside, on'll find another use for green. It is in bands seroas the front and back of a pleaie bodite of bltok or brown. By this simple device the.bodi of last yarr takes on the new touoh that makes it prettily possibl: for at least a part of the present season. Madame Medini's new book on voc el tue now readt. . ent by maU it1 prepaid. po Homes block. Samuel K. Davls-peielal. NvT$smINT sTooKs. Iron Mountain-Lots 250, 500 and 1,000. The demand is very active, considering the tightness of the money market. The stock at current prices cannot be beat for invest mont. Bald Butte-Is alowly but surely balag developed into a phenomenal gold mine. The past dividends have not paid large in terest, but it isoafe and sarea 500, 600 and 800 for sale. It will be no lower. Whitlaoh Union and Molntyre-The strike of high grade ore (gold) still con tinues with so signs of diminishing. The stock is an absolutely safe parehase and prospectlve buyers had better burry up. Advances are certain now. 800, 500 and 1,000 lots for sale. "Plegan" (gold) 1,000 to 5.000 lots-The people who know the property best are the buyers now. Benton Group (Nihart) 1,000 and 5.000 to olose-It seems to be a good purchase at the price. 20 and 27 Bailey Block. Infants' muslin caps 25o; also fall line of in fants' slips, skirts and everything for an intent outlit. Butcher & Bradley's, 105 broadway. Cabbage, tomato and cauliflower plants, gar den and house plants etc., at the BIXTH AVCNUx tneNxa Housse. Majestic steel ranges as cheap as cast iron stoves at lturrook & i'renitt., Meatana Club Furnisteers. While furnishing and decorating the new Montana club building we have taken an office in the Bailey blook, where we carry a fall line' of samples and illustrations of our carpets, lacer, curtains and other stuffs and will design and execete furnish. ings for club members and others during our stay in the city. Mr. S. W. Riee, who has charge of the work, will be at the office by postal appointment or can be found at the new Montana club building sa other times. 0. O. rcE A Co. Full line of notions at prices that cannot be equaled by any housein town. Butcher & Brad loiys, 1UO Broadwa). Boys' knee pants and boys' waists in all ages se low as 25 cents, at lhe ale Htive this week. Baby carriages at $6.50 at The Biee Hive that are sodi at other stores for 510,00. $800 Reward. Pursuant to an order of the city conncil of the city of Helens, made May 23, 1898, the undersigned hereby offers a teward of $800 for information which will esenre the arrest and convletien of the person or per sons who on May 21, 1898 set fire to and attempted to burn the building at No. 20 North Main street, in the city of Helena, in which the Vienna bakery is situated. SXDNET H. MoINTrss, Oity Clerk. Dated May 24, 1898. The Attentlen Of merchants and general public is called to the faot that I have purohased at sheriff's sale the stock of clothing and furnishing goods at 19 South Main street, which must be closed out in thirty days. I offer it at less than eastern cost. A. Oornnamo. Yon can bay a stylish spring dress pattern at Tihe lia Hire for gi.03, goods that usuallr sell at $2.00 t, 2.50. '1 heymust e seen to be ap preciatrd. Sheep Owners. I want 2,500 sheep on shares for a term. I have good range, plenty of hay, first-class sheds, good water and am responsible. For particulars, address JorN HANCooK, Glasgow, Mont. The larest sand best line of baby carriages in thlo city at 'lrte lee livre. OWLES8 OASH STORE NO. 251 MADE OV English Saten IN BLACK, DRAB AND WHITE PRICE $1 NO. 296 MADE OF dlish Saeei BLACK, DRAB AND WHITE Price $1.20 NO. 259 MADE 02 English Saten IN ECRU AND BLACK price $1.75 ,lmstad's "1Dresss Reform' Cmblinatlon CorsetWaist In Black Price $1 Iensesa Miller Model Bodice at $1.75. $2 and 68. Jr. Ball's at $1. Dr. Warner's at $1. "Dr. Stronngs Nursing at SL2. Madame Warner's DreamNorm at l.76 Surt ammer Corset 75a .Ch k an 'a S0- as .d gaists at 450. Chil dreaan's Wmate, h i kfO lht Jean& at 500. Fowles' Cash Store The Bargain Homue Helena We elese ate p. . m. Excpt Saturdays. JUST RECEIVED. batcst arisian Styles Which are a month in advance of all others. Mrs. F. Beinhorn, Parisian Dress. maker, 17 N. Warren Street. FREDERICK J. ESSIG LAPIDIST: Suite 1922 Masonlo Temp:e, Chicago. Cutting of Montana' Sapphires our specialty. Mail ordere promptly attended to, A FAMILY DINING ROOM. The Best Table in Helena. Payne's Hotel lathe place. Centrally located. All modern onveniencea. 1.25 per W-. S tABSIarT, - - PREOPRIEOm Helena Ice Co. Oiee o00 E State St Telephone No. 110. Itore sxth &ev. Telepsn6MMond Blo. iN. r. peial order, should be lIven the da before tbue Ic ie deWLired. Shwer and Drain Laying Plambleg.esieag adb Ventilating I Ill tia lIe lroesbe ADAMS & RIDER COMPANY 8SW N. Main 8t. . Iment of Montana Savlinge eaLk. "stimates cheerfully timnished Telephone2 -. The Grand Pacific Hotel opp.fiteth Norther c le sooene r F * - ot, i s Ses open to the traveling peblic. It b Meen throgilty renorated nud refurnished, sod .il tr to eneel Lti former reputation ;a 'the beet hotL of Its cale In the I'orthwe.t·" latee reaeosabl. 3. D. £NDUMWs. PROPzIIETO . SHEEP ALE. Live atoek ot all kind. tLought and esld. tanche in different part or the state for saln MONEY LOANED. N. E, COX, Helena, Montana. PASTURAGL. tawbiug leased the rcatch known a. the Green "reuttt d;tnotli ranch, LOosted in P)riokly Ioar Vlisly. havlnl b0t LeNs of the lincet Ij¢s tore 1a5. we are now orosreed to offer the lo. est terms to cloek owlra-thaving stouk to ranoh by the molth, RATES $2.50 PER MONTH. ]plnof O et iLros.. .o~eeoe. britt& Dough mrty'earnbl. MIai Itreet. VOGAL GUbITU$E, OLD ITALIAN METHOD. Mrs. Gilo May will give les sons h- Vooal Culture at her resideno, 806 Hemlook street. KRUFPEL & ESSER 00.'a ht_ Mountain Mining TR nsit This Trnsi has repeati.g anglo with aebhromasf1 lFrreotriril tessope. Ann an dint shad's, obJent lss, rack movement, oye pileca. eus- hrirs edJoltab e compose tine livid'd to halt dePrees taom 0 ito 1t . Predlo 4-I.ch, rtle.atnol lIII ti4-lurh, arlliustetd to half degres, two vertners reaeding to minutes. two fline graduated hubbisl for lovoling the plates; clam fot ceanter witYt mcrometer crow with oum..oulsaiug spring. ithilting Center. ' his inetrmeut is adapted to use in S.Lne.. A. M. HOLTER HARDWARE CO A large stock of Drawing Materials, Surveying and Mathe. matical Instruments and Supplies. -= STATE AGENTS.R. WATo ES.. . ALL STYLES Silver-Plated Ware. HELENA JEWELRY COMPANY ASH PIERCE, MANAGER. J. E. RICKARDS PAINT AND WALL PAPER CO PAPER HANGING, PAINTING, SIGN WRITING, INTERIOR DECORATING Wall Taper, Paints. Oils, Glars.' Wholesale More'" Kalominc, (nine hades Artists' Materials. Window Shades and whi. o. ) Whianted Eerry Eron.' Varnishes (interior White Lead. and extrior.) Eoston Floor y'olieh and Perry Floor Paint (Senoer'e.) Retail lroe.' Klatlc Floor Finish Strictly Pure House Paint (nader ar aordw auod Floors our own label.) Dealers coomr. The Oldest Produce aones in Monta-a. Established 169s. LINDSAY & CO., Wholesale Dealers in Fruits, Produce and Seeds C!ca and waranehu iei We carry a fu llline of Alfalfa CIO Opposite . C. Passener depot. HELE ll oar. GrasO, aied and Garden Deed THE BON TON TAILOR Carries the largest stock of Imported and Domestic Goods in the city. Beads now to iake op Buite at eastern prices. Call and examine bfore you go anywhere else. Ilrst Oela .ss Brin tBlls. .10. $5 irst-class iee. Suits, .40. Bluinees Pants, $7 First-olass )ress Pants, $10. Also a complete line of Gents' Furnishing Goods. 7 . MainSre,,,.... 8. FINIC ,EL STEIN. Mineral Springs aetel. FURNITURE AND GARPETS Life and Work of Jamey G. Blaine. The Great Book of the Last Decade jYou can secure this grand book free. J. a. 6snford will present you with a copy Furniture, Carpets, Beddinlg. or any goods he carries in stook at his Funiture -tore. 112.114 BROADWAY, HELENA. HELENA LUMBER COMPANY . . AGENTS FOR THE CELEBRATED . . GALT GOAL Also Dealers in Rough and Finishing Lumber, Shingls. Lath, Doors, Sash and Lumber. Ss . * . . TIELEPHONE 14 ,City C rens RIoom 8, Thoampso BlRl SllMain Street. Opposite Grand Central Motik Money to Loan -ON IMPROYVE CITY PROPERTY WM. DE LACY OLDK. Spokane Falls & Norter Railway DAILY EXCEPT SUNDAT. :00 A. U., Lea"v.... Spo anes ... Arrive, 5:50 a Commencing March 27, passen. gers leaving Spokane on Mondays, Wednesdays and Fridays connect same afternoon at Northport with Steamer for Trail Creek, Robson, Nelson, Balfour, Pilot Day, Ains. worth, Kaslo and Slocan, and Pas. sengers arriving from the north on those days go directly through to Spokane, arriving at 5:50 p. m. Daily service via this line will commence about April 10, when passengers will go through the same day. STEELE, RINDSON & CO., a* . ..JOBBERS OFP. . lay, Grain, Flour, Feed, Rollel Oats, (ORN MEAL, 10O .TOlr, ETC. Goods Received on teragte at Low Rates Correspondence with ranchme ruolicited, a, v t are always ready to purchace eats w large quanl itia for cash. Wl.oloealo Ageant for toe Co'erated Royal Banner, Mascot lnd . . Montana Belle Flour. Telephone No. IRad 1ci 2 I ol eman Street nar Northtru Paciflo l'assenger lAolit. PROFESSIONAL CARDS. Attorner at Law. Money to loan on improved city and tars property. AS1BURN K. BALtllOU1I. Attorney and Counsollor at Law. uasonlo Templ - Helena. Montana 1ASI]ENA DULLARD. Attorney and Connuellow at la Will practlce in alloourts of record lath. State. Uloe in Gold Block. Hiolol Mont SIZER & KEERIL. Civil and Mlalnn Easlasera r. 8. Denuty Mineral r reor! M!iners bý ante reurel. Rooems ' and L1 At.a Uull. - 1 leleos. Montaua. _R. M. ROCKMAN. Phrysolan. Sureon. Acoucher, oodllst. AnUd. dember of Fan Francisco Medicalo W,. l-o Neovada stat , Meodcal iSocety. Oflo e Maio stat, over Stelamata J.wellg StoS