Show REAi MliiING stiii It I Involves Property Worth a Million Dollars MONTANA MEN THE PARTIES S 1 T Hauser and Granvillo Stuart the Chief Contestants for ThreeSiz teenths Interest in Three Rich Mines 3n the Seven Devils District J Pioneers and Great Men of Non I tana Who Wero Friends Are Now Fiercely at Outs Statement of tho Issues in tho Case Notes Wolscr Ida Nov 1TO largest mining mi-ning case over tried In tho Stale of Idaho wns concluded here last evening after having been on trial for nine days The 1 case was tried bcforo Judge Stowfrrl of i i the District courl sitting In special session ses-sion Thocaso was tried by the court silting without u Jury The property In question consists of three mining claims In the Seven Dovlln mining dlslrlm valued at 1000000 The properties arc tho Peacock Helena and White Monument which are now being worked under loaso and bond by the Boston Bos-ton nnd Seven Devils Mining company of which Lewis A Hall president of the PaclHo Iduho Northern rallwuy is i ono ot the leading spirits THE PARTIES The plaintiffs and defendants arc ono and alj plonccrr of Montana having gono there In i the early COs and whose lives arc part of till history of that great Stale Men who have slept together mined to ecihcr and fought Indians together In those early days are now arrayed agalpst each other In Ibis great suit Grauvlllo Stuart the defendant Is I the man who wroio tho history of Montana whoso brother InHlio Yellowalono expedition In the 60s gave up hlfl llfo to the Indians S that his frloncJf might bo saved Mr Stuart wan Minister to Paraguay and Uruguay during the Cleveland administration adminis-tration Samuel T Tluuscr ono of the F ulalntlfTv Is an Goverirorot the State of Montana and a leading figure In It even since the first iiellloment at Virginia Vir-ginia Cite In 1S2 A M Holler and Mas hfejiia Bullard Iwd oilier defendants are also pioneers 6t the Stale Mr Bullnrd beIng be-Ing ono of lla lending attorneys and Mr Holtur ono of iho lending merchants of the State Two of the leading attorneys of the State of Montana William Wallace Jr and T J Walsh nro arrayed ngulnst each other In this case All the parties are from Helena About twentyfive per sOns all from that city were In attendance attend-ance on the court as principals wllnc aes and allorncys Nearly 1000 pounds of bank books and docuraenlary evidence covering the business of the Firm National Na-tional bank of Helena were brought along to be used ns evidence In the case THE CAUSE The title of tho caso Is Granvlllo Stuart vs S T Hauscr A M Holler Mussona Bullard ct al The caso dales buck to ISSfl when S 1 Hatifccr and Granvlllo Stuart purchased ouch an intercut In tIm property The question at Issue Is three blxtccnths of the properly which Is I claimed by Hauscr under a deed Issued to him whllo president of the First National Na-tional bank of Ilolona for 12000 Jn part payment of nn Indebtedness of W70CO awing aw-ing byiSiuarfl tothat InnlltuUonvjPlalii iirr Stuart claims that ho and Defendant Huuaer purchased together Interests In tho Peacock Helena and White Monument Monu-ment copper mining claims each paying onehalf of th6 purchase money the title for the most part being taken In Hauscrs name that ilausor sold his interest in the property and also a part of Stuarts Interest and made no accounting to Stuart and that finally he made an Instrument In-strument conveying all his Stuarts Interest In-terest In the properly lo Hauser but that this Instrument though In form of a deed was In fact Intended to be a mortgage to secure a debt owing bv Stuart to the First National bank of Helena but that Hausor never paid the debt and now claims Iho property ag his own under tho deed Stuart also claims that the Interests Inter-ests In the property acquired by Holler and Bullard wore acquired by them with knowledge of Stuarts rights and he askn that all three of the parties bo decreed to bo his trustees and required to convey con-vey the property to him as the rightful owner THE OTHER SIDE 2 Plaintiff Hauscr alleges that ho sot tied Mill Stuart m full for all sales made by him while tho property was owned by them jointly and that ho purchased Stuarts remaining Interests In 1S9Q receiving re-ceiving from him the Instrument referred to by Stuart which Hauler says was not only In form but In fact a deed and that ho paid Stuart the full purchase price for the property Holler alleges that part S of his Interest was purchased from a party other than Hauser and that the part purchased from Hnuser was bought without any knowledge that Studrt claimed or had any Interest whatever In J the property and Bullard claims to hold nil of Hauscrs Interest as trustee to se cure payment of a debt from Ilduscr and J Holler J THE TRIAL A largo number of witnesses were ex amined by both sides and voluminous 1 document evidence Introduced In tho caso q to show the tranuuctlonB between Stuart and Uauser during the lime from ISST to the commencement of the suit Mr Hau ser alleged on the witness stand that 3 Stuart transferred his Interest In the mi P ning property for 12000 which was cred ii ited to Stuart on his account with the bank and thai Stuart never claimed an I imprest In the properly unlll shortly bc fore the commencement of this suit At the conclusion of the case Judge j Stewart announced that he would take the case under advisement und would fix a date when argument on the caso would be heard by him at Boise Hon W B Borah of Bolso was asslot ing counsel for defense nnd Messrs Cage anti Frnser of Boise usslsllng counsel for ulalutIff Work Is Btlll In progress on the prop erties Involved and It IK not thought that the result of the cult will affect the working of the properties OTHER MATTERS Li Several mining deals have been mado In the Seven DevIls djnlrtct lately This week Col Drako bonded to W E Rhnm i nf Valileton D C for Eastern parties Ii Uio Hidden Fortune group on Snake river I n the Seven Dcvlly dlotrlct for 100000 1 Vork will bo commenced by the bonders I immediately Considerable development work has already been done on the prop I erty and Is i ronsldorcd by mining men ns a ROCK investment ork on till extcrnlon of the Pacific Idaho Northern railroad to the Seven Des Iii has bt on discontinued until next spring v ork on the smelter which was depend Ing upon receiving ores through the Pa cUte Idaho Northern has also been disContInued dis-continued until the opening of spring J ANDERSON IS ACQUITTED iI Man Who Shot Denver Post Proprietors Proprie-tors Now Free ji Dchvcr Nov i7Tlio Jury In the An 1 i deraon case this afternoon brought In a verdlcl of acquittal thus ending ono of the moat Interesting criminal cases ever tried in the courts of Colorado I W W Andcraon a lawyer of this city eliot M ll I I Tamitiwi und F J Bonlllu proprietors of the Denver Post about n i I year tnd a half ago Tho shoot1ii oc Uired In tuft prlvnlo offices of the own ers of the papi r and for a time It wit P thought Bonllla would not recover from 1 liI ruutids He survived them however s tho UflfflLllonly air received slight wounds Jn i 4 Andir n was tried three tlmea tho iI1nt twn maid reuniting In divided juries 1 ha trini Just eloaod was nmrijly u for mat irseitatiuii of the recorded cvl iJiC glen In the previous i trlnlc and nr d guniont of lounuul the Idea bolus to 1ia 1 U i a iie Jury Bit In the CUSH Tho trlul we concluded Saturdnv and Jh verdict ron I dcrcd us above staled today w it tJJi3 cue ° tfwor unucinent mnni a F hv > jurore in tIm j accent Mnl that j > i Krrn BonfllH and Tammen Police Maglalrato Thomas and others were tried for at tempted bribery and acquitted recently Tho grand Jury Is now conducting an Investigation In-vestigation of the bribery charges INDIANS SLATTGHTFOR GAME Nine Shoshones and Arapahoo Braves Found Guilty Cheyenne ryot Nov 17 Sheriff Miller of Now Castle and his posso have returned re-turned from the Biff Thunder country northwest of New Castle where they captured cap-tured nIne Shoalionu and Ampnhoe Indians In-dians who were slaughtering wild game Tho Indiana have been tried and lound guilty They wens lined from 10 to 250 each and are now tfolllng theIr horacs log also the amount For sovcral years roving rov-ing i bands of Indiana havo violated the Stato gumo laws In this section but tho marauders always escaped from the officers offi-cers GUESSING ON A PRISONER It Is Now Up to the News Bureau at Cheyenne Cheyenne W yo Nov 17 Local officers who have hud much lo do with the HololnthcWall and Robbers Roost j gangs of outlaws In this State during tho gp past five years and who arc acquainted with every member say they are almost cartuin that iho man under arrest In SU Louis for attempting to pass bunk bIlls taken by the men who robbed the Great Northern train nt Wagner Mont In July last la no other than Harry Long baugh Old residents of tim SlaCo who have known Longbaugh slnco he was a boy nay the description of the prisoner answers that of Longbaugh United Slates Mar shal P A llndsoll knows Longbaugh well and feels coituln ho would bo ublo to Identify him i ExWarden McDonald of the State penitentiary peni-tentiary says he bellevcn tho prisoner Is Butch CassIdy the noted train and bank robber who served a number of ycats In tho Wyoming penitentiary HIS HUNT FRUITLESS Colorado Game Warden Fails to Find Mormon Poachers Game Warden Jlarrlq returned Friday from his trip to Routt county where ho went In search of Mormon hidehunters says the Denver Republican His search was only partly successful for after three days spent In the hills ho found only ono party of hunters TIm Mormons neat lered as BOOH ns they saw the gamo war den approaching but he 5ccurcd their names and will begin civil suits against them for the value of the hides I recovered the hldcn 01 two docs and ono buck which the hunters left behind when they made their escape paid Mr Harrln yesterday and I will usa them as evidence Ill the civil suit which I In end to bring I have found that It Is impossible l to convict them under the criminal lawn but I do not Intend to lot Iho matter drop by any means J have e Ightcen monthn In which to lllo Infor i natlons against them but I hope that bc l ore that time I will bo able to apprehend t hem WANTS HIS OWN BONES Loa Angeles Man Asks to Have Thorn Restored to Him Lon Angeles Nov 17Your Honor I have carried In my hip pocket a set olf b ones that were once removed from my h lead and when 1 was arrested yesterday t hoy took those bones away from mo Your Honor will you please restore them t o mc7 I ask this as a favor as I unto t unt-o keep these bones In my pocket They ire part of mo and I want them Trembling like an aspen leaf as he stood I n tho prisoners dock II J Lusk thug addressed Judge Morgan Clerk Powell J udgc Morgan and other looked In amaze ncnt till tho court finally said he had ijo power to order the police to restore the bones they were holding It appears that a few years ago Lualc vns a traveling salesman and was re g jardod t as one of the shrewdest drummers I n Iowa In a railway accident he was s brlonsly Injured and was removed to a i i03jtnl where the doctors In an effort t d1 sttvcr the patients life took from his s kull several pieces of bone He recovered rapidly but those who i cilow him say ho has been mentally unbalanced un-balanced since He was arrested for climbing through the transom of Mrs Wests room In the Natlck house after i icarlng eho had Jewelry there A DEAD MAN SUED Queer Case Set for Trial in Federal Court of Denver By dying James Bray formerly the postmaster at Central City Cal held up ho case which was set for trial In the Federal court In Denver for November 3Hi The peculiar part of this Influence of a dead man on the court la that Bray has been dead for several years says the Denver Post Bray with his bondsmen was being sued because it was alleged that ho sublet sub-let part of his postofflco for a confec Jonery nnd cigar store and failed to turnover turn-over tho receipts from his rent to the Government The suit dragged along slowly and finally was set for trial A short time Blnno the District Attorneys Attor-neys attention was called to the fact hat Bray had died An Investigation of the fact was made and yesterday a postponement post-ponement till November SOth was asked and granted In the meantime a report of the circumstances will bo made to Washington and a decision as to the proper procedure will be had from there HAPPENINGS IN WYOMING The Consolidated Oil and Development company of Douglas will soon begin sinkIng sink-Ing a well In Dry creek near Fettorman The smallpox epidemic starling at Lov ell has spread to Slack and a number of people In that community are down with the disease All cases have been quarantined quaran-tined A swan was shot on a email lake near Whealland Friday which measured nlno feet from tip to tip of wings and four and onehalf feet from tim tip of the bill to thoUp of the tall This Is the first bird of the species over Been In that vicinity vi-cinity ALL OVER COLORADO Assessed under the recent revenue law Lake countys valuation li placed at Ill 209977 ngalnst something like 1500000 last year Georgo Dunlas who Is accused of having hav-ing set fire to the house ho occupied at Victor a few ditysago will bo tried on the charge of arson The total election expense In El Pace county will bo close to 12COO or an aver ago of 31 a vote for the 11906 Votes the I toiul cast by the two parties Judge S M Breath a Colorado pioneer Ii 1 dead In Boulder having passed In October Octo-ber his llh year Ho came lo Colorado I In Ib59 rind settled Mn Boulder James Murphy a laborer Is dead at tho county hospital Denver from Internal i hemorrhages occasioned by a wound In the abdomen Jt was Inflicted In a fighU Jose Marble a section man In nn extra gang at work soUth of Ilnll thirty miles north of Pueblo on the Santa Fo road wna killed by a Colorado Southern southbound Iniln Henry McQulrtor a negro from Dead vllle was shot and killed while burgjar Izlng tile homo of Gilbert Buford In Cripple Creek A confederate escaped with IW In money The Buena Vista hOt sprIngs situated nix miles west of Buena Vlsla have been Bold lo the AspcnBuona Vista railroad which company will enlarge and muko an ideal HUinmoi resort out of them W II KlmmonH charged with having embezzled JISOO from the Florence Crlppln Creek Railway company while cnshler In July will have a preliminary hearing Ibis morning Jn Cripple Creole lion John M Glover former Congressman Congress-man from MlHrionil who prior lo Iho election wns arrested In Cripple Creek on a churjjo of criminal libel has been discharged dis-charged tho complaining witness falling to appear I Denver Times gives currency lo the report re-port that former Senator Edward O Volif cott has been tendered iho portfolio of PostmasterGeneral by President Roosevelt Roose-velt vice Charles Emory Smith who Is ito 1 i-to resign Mike Rosetll was bound over In Control L 1 Cltv Saturday in l the mini of JIOO before Juatlco Hooper for u preliminary trial lo be held next Thursday RoHcttl It Is I alleged took ov rsilHliol8 al J L Berger Ber-ger a minor at Twelvemile Judge From pitting1 In the County court t Denver refused tohelp a boy Into tno United Statca army on the theory that U was woran than standing him to tho penitentiary peni-tentiary and that tho boys future llfo would bo worthless us a citizen A heavy fiow of salt water has boon encountered In tim Debcquo companys oil well which will cause suspension of drilling until casing can bo put In lo shut It off There Is somo oil and a largo oa capo of gas The oil Is pronounced u high grade lubricant Exports In Colorado declare that within ten years the last o the forests In that State will have boon destroyed unless State and national legislation Is enacted to protect the wooded sections of the State Less lhan C 1 per cent of the area of the State Is now covered with timber ON THE PACIFIC SLOPE Antonio Ravoxxonl an Italian youth 17 years of ngo committed suicide by hang ing himself la San Francisco Dr Horace N Allen United States Minister Min-ister to Korea has arrived In Sam Francisco Fran-cisco on route to his former homo In Toledo O J E Rollly was bitten by a rattlesnake near La Jolla and was brought to the county hospital San Diego for treatment treat-ment Ho will recover Relatives of Tompleton Spoils well known In San Francisco havo received word of his disappearance and probable death by drowning at Eureka Cal John W Hunimcll an assayer recently employed In tho Union Iron works ns a machinist was found dead on Ninth avenue In Golden Gate park San Frun clsco wIth a bullet wound In his forehead fore-head and a pistol near hilj right hand Miss Emily M Lindsay the handsome young teacher of the little country school at Fairfax Cal has become the heroine of Ross valley Armed only with a buggy whip fdio snccoEsfuIly hold off highwayman highway-man and put the fellow to filght with his faCo and body stinging from bloWs which Iho muscular young woman had rained upon him Whllo throwing rice at the brIde and groom at the DicckmannChabot wedding In Oakland Dr J P Dunn slipped om it polished lloor fell heavily and fractured his right collarbone Without attracting further attention to Ills very painful Injury In-Jury Iho physician withdrew from the merry throng of gucalti and had the InJury In-Jury dressed by a brother doctor |