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Show COPPER KINO IS DEFEATED Ueinze Ml Appear in Court Decision. Which Means a Judgment for Five . Million. Court Decides Against the Butte Man, After a Bitter Contest. Special to The Tribune. BUTTE. Mont.. Feb. I. F. Augustus Ifolnzo, tins copper king, this aflornoon suffered tho worst dofcat in tho history of his mcmornblo and bitter copper war with tho Amalgamated Copper company, Judgo J M Bourriuln of the District court rendering a decision directing Helnzo to show causo next Monday why his answer before Notary Publlo Macdowcll In tho suit, of the Boston & Montana company against Helnzo, to recover damages of $5,-750.000 $5,-750.000 for the value of oro alleged to have been looted by Helnzo from tho mines of tho Boston & Montana through tho workings work-ings of tho Minnie Healy claim, should not bo stricken out. Judgo Bonrquln's decision Is tantamount, tanta-mount, it Is practlcall udmlttcd by counsel coun-sel for Helnzo, to a Judgment being found agaln3t Helnzo for fo.7W.000 bv default, as according to tho court's summary of the caso Helnzo refused point blank to sign tho deposition, refused absolutely to answer an-swer questions of counsel for Amalgamated Amal-gamated when Information was sought os to tho real owners of tho Mlnnlo Healy mlno, and testified falsely, waiving his right to a defense when he was accorded every dofenso within tho meaning of tho law. Judgo Bourquln did not mlnco his words in delivering his opinion, which covered about 10.000 words. Tersely he said: '"Oreo a partj refused to be heard, to testify tes-tify in such preliminary proceedings, he has hud his opportunity to be hoard, ho refused to oxerclae It; It is waived, abandoned, aban-doned, gono forever; Judgment goes against him as by way of non suit or default, de-fault, as ho has hod tho bonellt of 'due process of law.' "Heinze refused point blank to sign tho deposition, also refueed with equal emphasis em-phasis to answer questions as to the owners own-ers of the Mlnnlo Healy or produce tho accounts of the property." Tho motion to strike out was bitterly opposed by counsel for Helnzo and probably prob-ably a more spirited legal battlo woa never witnessed In tho courts of the city. Acrimonious paasago of words was frequent. fre-quent. Holnze's refusal to produco tho books of the Minnie Healy or to acknowledge acknowl-edge the owners of tho property, together with hlB alleged falsehoods coming In for unmorclful scoring. Judge Bourquln was recently elected to tho district bench and was a bitter political politi-cal opponent of the Helnzo forces. A contest con-test against his seat. Instituted by a defeated de-feated Helnzo candidate. Is now pending. |