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Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, November 24, 1899, Image 3

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A PEGUIAR CASE
Bond With Only One Surety
Accepted By the City.
ACTION TO DETERMINE
Whether the One Is Responsible Now
on Trial—Rocheleau Beals, ^
Benjamin.
In Judge Lindsay's court todav a case,
the result of which will be of consider
able importance, was called for trial, but
at a late hour it had not been determined.
The title of the action is the City of
Hutte against L. E. Cook and others, the
others being A. F. Bray and J. E. Oppen
heimer. In 1896 the city gave Cook a
contract to dig a sewer trench on North
Main street. Before the work was com
pleted Margaret Joyce fell into the
trench and hurt herself so badly that
she sued the city for damages. The suit
was tried in 1897 and resulted in the
plaintiff getting judgment for $3,000. A
short time afterwards, however, a com
promise was effected, the city giving the
plaintiff $3.000. When Mr. Cook took the
contract he gave the city a bond of $0,000
to insure the faithful performance of the
work. In the body of the document ap
peared the names of A. F. Bray and J.
E. Oppenheimer, but the latter never
signed it. and Stephen De Wolfe, who
was then the city attorney, under the
Harrington administration, accepted the
bond in behalf of the city. After the
city had paid Mrs. Joyce the $3.000 it
sued Cook and his bondsmen to recover
the amount, but the defendants now
claim that in view of the fact that the
bond was not signed by Oppenheimer it
is about as effective as a dip net would
be in catching water. One peculiar fea
ture of the case is that at the trial of
the Joyce damage suit several witnesses
for the city testified that the bond had
been properly verified. The city main
tains that the bond is good, notwith
standing the name of Mr. Oppenheimer
appears in the body and does not appear
as a verification.
The trial of Fred Delysle, charged
with forgery, was set for today, but when
court convened Attorney Maekel, who,
with Peter Breen represents the defend
ant, asked for a continuance until Mon
day on the ground that Breen was out
of the city and ho could not locate him
even with telegrams.
"I don't know," said Judge Clancy. "I
don't believe I can grant your request.
I have a jury here. I can carry it over
until tomorrow. What is the defendant's
name?"
"Fred Delysle, alias Frank Brown."
"Brown must be his Sunday name,"
remarked the judge.
The case will be called tomorrow.
The Montana Ore Purchasing company
has filed an answer to the action brought
against it and others a few days ago
to restrain and enjoin them from pump
ing water from the Karus mine into the
Minnie Healey. In the document it al
leges that it has constructed a line of
pipe from the 800-foot level to the Rams
through the Johnstown and into the Min
nie Healey, but the water is used for the
purpose of operating a turbine wheel for
the generation of an air current in the
southerly workings of the Tramway
claim, which is being worked by F. A.
Heinze. It lias been pumping the water
for eighteen months, but denies that the
lluid has caused the ground in the Gam
betta and Pieolo claims to cave or that
it has done the pumping unlawfully. On
the other hand it says it laid the pipe
line from the 800 because it did not have
the tank capacity at the surface.
The defendant further alleges that the
cross-cut from the Minnie Healey shaft
was driven by F. A. Heinze for the pur
pose of intersecting a vein which had
been developed by him on the 300 level
of the property and thence to the sur
face. where the vein has its apex within
the lines of the claim and dips to the
north on its downward course: that the
Boston & Montana company knew the
cross-cut was being run by Heinze and
.knew its exact location, and if any water
reaches the underground workings of
the Pieolo and Gambetta from the Min
nie Healey it is by reason of the plain
tiff's own wrongful acts in drilling into
the said cross-cut; that whether the dis
charge of the water from the Rarus
into the Minnie Healey was or is against
the wish of the plaintiff is wholly im
material. but denies that the water was
discharged wrongfully, unlawfully or
maliciously, or that the plaintiff has been
damaged in the sum of $20.000 or any
other sum.
AUTUMN'S CHILLY DAYS
Must necessarily, or at least should be.
counteracted by taking something that
will strengthen and tone the system to
withstand the penetrating effect of the
damp and chilly atmosphere of the sea
son Many things might be taken for
this purpose, but it is said that there is
nothing; better than Vigoral and Beef Ex
tract. The White Front Grocery is offer
ing at the present:
VIGORAL—
2 oz. bottle ............................ 25c
* Usual price 35c.
4 oz. bottle ........................... 50 C
Usual price 65c.
8 oz. bottle........ 75 C
Usual price $1.00. .....
BEEF TABLETS—
12 oz. Tablets in box ................ 25c
SOLID BEEF EXTRACT
16 ox
,
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Regular price $2.75.
e .......................
Regular price $1.75.
Regular price 90c.
Regular price 65c.
2 oz. 1
In submitting the above it is not aimed
to be prescribing for you, but if you heed
what is here said, you may save the price
of many prescr iption s.
WHITE FRONT GROCERY
aao N. Main. T. F. Courtney. Te|. 185
!
Catherine Ann Simpsvn filed an answer
today to the divorce suit brought against
her by John Harvey Simpson. In the
document she admits the marriage; that
she has not been personally served with
a summons, although she lives in Mon
tana and that she is in indigent cir
cumstances. She closes by asking the
court to compel the plaintiff to pay her
$100 per month alimony and give her
attorneys $300 out of his money.
The jury in the case of Antone Roche
leau against Alphonso Benjamine re
turned a sealed verdict this morning,
giving the plaintiff judgment for $300,
and interest from June 28, 1893.
The suit is one having its origin in the
execution of a promissory note in 1890.
Rocheleau claimed that Benjamin gave
him the note for a consideration, and
while Benjamin admitted that part of it
he maintained that it had been redeemed.
The trial of the case was commenced in
Judge Lindsay's court on Tuesday and
was ended last evening, the jury being
instructed to bring in a sealed verdict.
THElM
The Chicago, Burlington & Quincy has
voluntarily increased the wages of its
engineers, firemen, and switchmen about
10 per cent; the increase being based on
the growth of the earnings of the road.
Several hundred employees will receive
from $5 to $10 per month more than for
merly.
Numerous railroads have petitioned the
interstate commerce commission for fur
ther extension of time in which to equip
their cars with automatic couplers and
train brakes. The commission have
fixed Dec. 6th next as the date when the
petitioners and others interested will be
heard.
Vice-president Bancroft of the Oregon
Short Line returned from his tour of in
spection over the road late Monday
night, says the Salt Lake Herald. He
said yesterday afternoon that the work
on the St. Anthony branch had reached
Rexburg, a station about twelve miles
from St. Anthony. The rest of the con
struction will be pushed vigorously, and
the road will undoubtedly be completed
by the end of the present month.
No definite action has as yet been
taken in regard to the placing of Boise
on the main line.
Tt is said that the Northern Pacific
Railroad company contemplates making
improvements in Billines next year which
will cost something like $30.000.' None of
the officials in this city will vouch for the
truthfulness of the report, as they dis
claim knowing anything about the sub
ject at all.
The improvements contemplated con
sist. of a new freight depot, built, of brick
and which will contain the offices of all
the local officials, enlarging of the pass
enger depot to meet the demands and
changing of the switching yards to the
west end. where so much new trackage
was laid last spring.—Billings Gazette.
COURT NOTES.
Judge Lindsay will hear the following
motion docket at 2 o'clock to-morrow:
Estate of David L. Williams; petition
for lettei's.
Estate of Phillip R. Rumbeek: petition
and objections.
Estate of Guy X. Piatt; petition for let
ters.
Estate of Job Friggens; order to show
cause.
Estate of Kate Toomey; petition for
probate of will and order to produce will.
Estate of Stephen Hughes; order to
show cause.
Estate of Marcus Lund; order to show
cause.
Estate of John Combeileck; order to
show cause.
Estate of Lizzie Hess; petition for let
ters.
Estate of Mabel Cowley; order to show
cause.
Charles O. Hudon vs. Harry Floyd et
al; demurrer to amended answer.
Boston tk Montana company vs. the
Montana Ore Purchasing company et al;
order to show cause.
Ellen S. Cornue vs. Henry A. Hont «t
al: report and supplemental report ol' re
ceivers and objections.
Joseph DeWitt vs. the City of Butte;
motion for a new trial.
Butte Cash Meat Co. vs. S. F. Fitehett;
motion to retax costs.
W. MeC White vs. W. W. Adams; de
murrer to answer.
Ennis Bell vs. Donald Campbell: mo
tion for judgment on the pleadings.
Sophronia Tucker Smith vs. John <'.
Smith; motion to produce.
John Lotti vs. John Bottego; plain
tiff's proofs.
John Harvey Simpson vs Catherine Ann
Simpson: motion to set aside default and
plaintiff's proofs.
Etta Pearce vs. Harry Pearce; plain
tiff's proofs.
Charles Nuss vs. F. A. Heinze: demur
rer.
John W. Trapp vs. Janies J. McDonald.
Judge Lindsay stated this afternoon
that he would rearrange his trial cal
endar to-morrow.
DEATH OF C. C. McLAUGHLIN.
Chris. C. McLaughlin, a well known
young man. died at the Sister's hospital
this morning from pneuomnia. The de
ceased was 30 years of age and had a
large circle of friends and acquaintances
in the city, among whom his untimely
demise will be a matter of general regret.
The remains will he shipped to New York
City for interment, the funeral leaving
the residence of John McLaughlin. 207
South Montana, at 4 p. m. tomorrow.
MILD VARIOLOID.
Another case of smallpox was reported
to Dr. Monroe late last night. The vic
, tim is the little son of M. J. Burke. The
doctor investigated the case and found
it to be a mild attack of varioloid,
j No new cases were reported today. All
! the patients are doing nicely and several
will be discharged from the pest house
in the near future.
BUTTE BOYS IN IT.
Deputy United States Marshal Mi ikle
john received a note from California to
day stating that his son. D. F. Meikie
john, who is attending Stanford univer
sity. has been elected treasurer of the
engineers' society of the institution. Hal
! A. Stephens, son of the late Frank Steph
ens was elected to the presidency. Both
young men were graduated from the
Butte high school. The society embraces
the various branches of engineering, in
cluding geo'ogy and chemistry, civil,
electrical and mechanical.
it
in
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HANGED TODAY
THE COLORED MT7RDERER MET
DEATH CALMLY—SANG WHILE
ON GALLOWS.
be
of
to
to
et
Special to the Inter Mountain.
Billings, Mont., Nov. 24.—At 7:03 this
morning William O. Brooks was hanged
for the murder of his wife, Jennie C.
Brooks, In this city on Nov. 18, 189S.
Brooks met death calmly, walking to the
gallows without any assistance and sing
] ing all the way.
! Before the noose was adjusted he mo
! tinned Sheriff Hubbard to be allowed to
' pray. This being granted he knelt on the
carpet on the ground in silent prayer for
: a couple of minutes and on arising moved
into position under the gallows. He was
. singing when Sheriff Hubbard adjusted
; the noose, but he stopped as Jailer Hard
inge placed the black cap on his head.
■ It was fully twelve minutes after the
! drop fell before Doctors Townsend and
! Rhinehart pronounced him dead.
Brooks' last night was spent very
quietly. His death watch said he did
not sleep much, but he was not restless.
He absolutely refused to eat a good
breakfast prepared for him this morning.
He arose at 5 o'clock and spent the time
: in singing and praying. He refused to
commune with the ministers of the gos
pel, two of whom were present, it being
something unusual for him, as he had
never before refused their ministrations.
Several sheriffs were present from other
counties. The rope used to hang Salmon
broke yesterday during a test and a new
half inch Manila rope had to be substi
tuted.
1 LOCAL BRIEFS
: ____
Dr. Reed. Dentist, 115 North Main. •
See Hight & Fairfield's add. Page 8. *
J. G. Rates, tuner. Me ana Music
company. Tel. 504 *
; Alexander Laist, attorney-at-law, room
61, Silver Bow block. •
Horses Wintered—Inquire of IT, B. Ash
worth at Reed's Stable. 224 S. Main.
Tinware, rootling, eavetrougns. Ftnoke
stacks made to order. A. E. Jones, 266
East Park.
Business lunch, 15c, from 11 to 3, at the
Hamilton. Katenback & Kerth, 38 West
Broadway. *
Butte Stove Repair company for fix
tures and Home Comfort ranges. 'Phone
629, 216 E. Park. •
Chemicals and assayers' supplies. Fair
Drug and Assay Supply company, 115
East Park street. •
The postofTice will be closed from 12 to
2 o'clock tomorrow, instead of from 2 to 4
o'clock, as originally contemplated.
If you haven't visited Hellbronner's
Bowling alloys, you have missed a rare
treat. Wednesday's are reserved for
the ladies.
A toboggan slide down the Big Butte is
one of the amusements features threat
ened the Butte public this winter. It will
be up-to-fdate.
P. H. Rooney, aged 25 years, died yes
terday at his residence, No. 202 West Gold
street. Deceased was a member of the
Modern Woodmen of America,
a
Mrs. James McEwen, aged 26 years,
died last night. The funeral will take
plai e Sunday at 2 p. m. from the family
residence, No. 310 East Second street.
Charles T. Pickle yesterday petitioned
the United States court to be allowed to
file an application in bankruptcy. His
liabilities are $1.379 and his assets $47.15.
Boston & Montana shares took a slight
spurt at the close of trading on the Bos
ton stock exchange at 3 o'clock this after
noon, closing at $325. Tamarack closed
at $220. !
i Mrs. Emily Ople, aged 29 years, died
yesterday at her home. No. 139 West
Center street, Centerville. The deceased
leaves a husband and three small chil
dren.
j Mrs. C. E. Reed, an unfortunate wo
man. known in Butte as Ella Tuohy, died :
yesterday of pneumonia. The deceased |
resided in Billings before coming to j
j Butte. I
j All soldiers of the First Montana regi- '
ment are requested to meet with the I
nu mbers of the Grand Army of the Re- I
public, at 10 o'clock. Saturday evening
I at Good Templars' hall, West Broad
, way. !
] James C. Hart, the swindler, who was !
arrested by the New York police last
Sunday, is supposed to have operated in
Montana a few years ago with a female
: confederate. They secured a big roll of
money from a Butte man.
PERSONALS,
C. S. Hurd is over from Glasgow.
C. Willoughsby and D. Meeker are up
from Hecla.
Surveyor General Beattie is in the city
today from Helena.
Governor Smith came over from Helena
this morning on a business trip.
W. W. Morris and W. C. MeCaskle, well
known mining men of Pony, are in the
city.
Ed Lynch and "Punk" Bartlett left last
night on a hunting trip around Pipestone
Spring's.
Hon. Marcus L. Hewitt returned to \h
city yesterday. He says Mrs. Hewitt s
health has not improved much recently.
George M. High of the Sheridan
Chinook is in the city and will leave for
Cleveland. Ohio, tonight. Mr. High has
disposed < ' bis interest in the Chinook
to his partner, F. B. Linderman.
J. K. Pardee of Philipsburg arrived in
the city this afternoon. Mr. Pardee re
cently visited Sumpter and closed a deal
for the purchase of the Diadem mine and
adjoining claims on Greenhorn moun
tain. Mr. Pardee has great faith in the
future of the camp. He says there are no
j
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Idle men in the camp and good miners
are scarce.
Joe A. Browne, the well-known pioneer
of Beaverhead, is up from Melrose today.
Mr. Browne is the owner of Browne's
lake, one of the most picturesque and in
viting spots in Montana for summer va
cations, and next year he proposes to
spend considerable money in improve
ments.
Joseph K. Clark, Bassett Leyson and
Andy Walker returned yesterday from
a successful duck hunting trip to Market
lake. They brought back 25 of the duck
family. Their trip, while in the main a
pleasant one. was made disagreeable by
the hordes of jack rabbits which infest
that region. The jacks travel in squads
of about a million and have the audacity
of a whisky drummer. They would sit
around the tent every night waiting for
the occupants to retire and then loot the
commissary department. Shooting at
them proved a failure, as they were so
numerous that all the ammunition in
South Africa would not annihilate them.
; (Continued from Page One.)
inability to recognize, his civil author
ity."
The entire correspondence of General
Anderson, as well as the correspondence
of 'General Merritt, with Aguinaldo, is
printed in the message of the president
to the senate giving details of tiie treaty
with Spain.
In a letter written at tin* arsenal at
Cavite on July 6, 1898, General Anderson
said :
"It must be apparent to you that we
do not intend to remain here inactive,
but to move promptly against our com
mon enemy, but for a short time we must
organize and land supplies and also re
tain a place for storing them near our
fleet and transports."
Further along in the letter General An
derson suggests co-operation of the med
ical officers of both armies. < >n July 17.
Major J. It. Jones, at General Ander
son's request, wrote Aguinaldo asking
the assistance of the Filipinos.
On July 22 General Anderson said in a
letter ;
"I observe that your excellency has
announced vourself as dictator and pro
claimed partial law. As 1 am lure sim
ply in a military capacity, I have no
authority to recognize this assumption.
I have no orders from my government on
the subject, and so far as 1 can ascertain
your independent status has not been
recognized by any foreign power. Your
fine intellect must perceive that, happy
as I am to see you fighting so bravely
and successfully against a common en
emy, 1 cannot without orders recognize
your civil authority."
A BROKEN COLLAR E0NE.
J. A. McLean, a B., A. & P. brakeman,
fell from a moving freight train near the
Mountain <'on mine last night, sustain
ing a fracture of his collar bone. He
was endeavoring to tighten the brake,'
using a stick, when the stick broke, pre
cipitating him to the ground. He was
taken to Murray & Freund's hospital.
NOTICE.
Butte, Nov. 21, 1899.
To the public:
This is to certify that I will not be re
sponsible for any debts contracted by
my wife after this date.
A. G. ELERICK.
NOTICE—FIRST MEETING OF CRED
ITORS.
!
In the District Court of the Unit-<1
S't-aites, District of Montana, Court o'
Bankruptcy.
In the matter of Daniel Garber, bank
rupt.
Notice is hereby given that on the 23 1
day of November, A. D. 1899, the sai-1
Daniel Guibi r was duly adjudged bank
rupt, and that the first meeting of credi
tors will lie held at the court of bank
ruptcy, No. 49 Wist Park street. Butte,
Mont., on the 25«1 day of December A. D, ;
1899, at 2 o'« lock [). m., «'it which time the
creditors may appear, prove their claims,
elect a trustee and transact such other I
business as many properly come before
tin meeting.
Dated Nov. 24. 1899.
THOMPSON CAMPBELL,
Referee in Bankruptcy.
OVER 10,000 WEAK MEN
Regained Vigor of Hanliood From Dr. McLaughlin's Method.
Here is the snap, the vim and vigor of youth. Any
man who wears it can be a giant in mental and physical
development
Thousands of men are mere pigmies of what nature
intended them, backward, oversensitive, fearing to ven
ture, delicate, easily discouraged, short of breath, wcak
nervtd, lacking the grit, the "sand" which is the posses
sion of vigorous manhood.
They need Electricity, which is animal vitality. It
is the foundation of ail vigor. It is the fuel to the engine
which runs the human machine. Electricity, as I apply'
jt is a source of new life to all parts of the body.
Vigor of youth Fully Restored.
Men, are you weak, h ave you pains in your back,
varicocele, weak stomach, constipation, lumbago, rheuma
tism, enlarged prostrate gland, or any of the results of
early mistakes, excesses or overwork? My method of ap
plying Electricity while you sleep at night will cure you.
It lills the nerves and organs with the lire of life. You
wear my belt while you sleep. You feel its life-giving power and can regulate it. Call and test it free, or
send for my free book.
WEAKNEFS CUBED.
Salt Lake, Utah, Oct. 8th, 1899. Dr. M. A. McLAUGHLIN—Dear Sir—I must say you have helped
me verv much. My r nerves are better, and I have no mote headaches or restless nights.
R. J. RORINSON, 10 South and Second West Sts.
DR. HcLAUGHLIN, 121 N. Hain Street, Butte, Mont
Office Hours—9 a. m. to 6 p. m.; 7 to Sp. m.; Sunday, 11 a. m. to 1 p. m. NOTIN' DRUG STORES.
;
BIDS WANTED.
Butte. Mont.. Nov. 24, 1899.
The und« reigned will receive bids tip to
the evening of Nov. 30th for the sinking
of a double compartment shaft 100 feet
on Ella quartz lode. Meaderville, size of
shaft 4 feet by 9 feet 6 inches, in clear
in by in timbers. Right reserved to re
ject any and «ill bills. For particular
specifications call at Thompson Invest
ment Go., 48 East Broadway.
BUTTE CONSOLIDATED
MINING COMPANY.
WANTED—TWO ROOMS FOR HOUSE
keeping in good neighborhood: no chil
dren. Address M. B.. Inter Mountain.
I-or RENT—STORE ROOM. GOOD Lo
cation on South Main street, cheap rent.
Will give lease. \V. F. Cobban, 33 W
Granite street.
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Tn every man who drives or rides and wants to keep the wind from
blowing 111 » his sleeves, we will give a pair of Our Lamb's Wool Wrist
bands. ^ ou don't have to be a purchaser or a customer to get a pair.
I h* y are given to you for the asking and for reading the following:
We Are About to Add a Wholesale Depart
ment to Our Business
And to increase our Manufacturing Department. At present our stock
is so large that there is no room for carpenters to work, so to reduce our
stock, only for the purpose of making rooi . while remodeling, we will of
fer any article In our stock at a price you ean'i afford to overlook.
Here is a Sample of the Prices to Prevail During This Sale
Sweat Pads
Any size, kind or style, for.. 35c
Robes
Lar
A Heavy,
ltobe lor.
Double Flush
$1.95
Horse Brushes
A Good. Heavy Roo
Whips
Brush for____
20 c
The kind that are sold elsewhere
for 75 and 50 emits. During this
Male for................ 15 c
A Good. Heavj
Blank for..
Horse Blankets
Substantial Horse
$1.35
THE BEST BURLINGTON
STAY-ON BLANKET
With extra heavy brown duck cov
ering. regularly sold at $5.00 for
LJ U $2 ' 95
Halters
A Good leather Halter for 65c
Tie-Straps
A Heavy Robe Tie. with snap and
20 c
swivel, for
These prices are Cash and the quantity you can buy is limited, as we
wish everyone to get some benefit from this sab. We offer any article
in our entire stock of Harness, Saddles and Hirse Furnishings at prices
in keeping with the above.
McRae=Strasburger harness Co.
Factory ami Salesrooms 221 ami 223 E. Park St., Butte, Mont.
Out of Town orders Solicited and Given Prompt and Careful Attention.
JUNIOR OAK
The .Junior Oak, is ;tn entirely new oak
for soft coal. The quality of the stove
is far above the average of cheap era!
stoves. It has steel body, heavy cast
iron tiro pot, nickel urn, nickel foot,
rail, nickel top ring, large feed door;
has dump grate which is a, special
feature in this oak.
Diameter of Drum, u inches, $5.50
Diameter of Drum, 13 inches, $7.00
Brass Trimmed
Enameled Iron Beds
This heavy enameled iron
bed. with heavy brass rods
on head and fool, this
week............$8.50
UNDER FURNITURE AKOCASr
44-48 East Broadway, Butte.
' '■ hI :: j
rim?
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Î
For Weddings
Silver Ware
a Good taste will be evidenced by f
f any selection that you might make
f from the large ami appropriate as- *
.ï sembly of |
! *
land Sol'd Fbony Goods, SILVER..,
! • MOUNTED, which we have select- f
I >* ed for Wedding Gifts. Prices the %
! 4 . lowest and goods guaranteed. 1
I Towle & Winterhalter
x <$>
Manufacturing Jewelers and Opticians *•>
if 28 W. Park St„ Butte. f

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