The Superior times. [volume] (Superior, Wis.) 1870-1912, 1884-12-27
BILL CARTMRIGHT'S CLAIM.
BY ORTIZ HARPER STEIN.

dtA LII SiitNALeSLtb ST. uCh orc Ill
the Josie" lode and John Fisher of the
BLACK Bess" adjoining had the temerity
to claim that the drift or tunnel which
tapped the mineral extended over the
line, and the deposit therefore be-
ionged to him, everybody in Leadville
predicted trouble.
During a brief residence in camp Mr..
Cartwright had briefly expressed his
contempt and loathing for any and ali
courts, and illustrated these views in a
number of little episodes that mark ed
his cratic career. In a difference in
opinion in fourhanded game of poker
at the Miners Rest saloon he had thrown
one of the players out OF the window,
Knocked another down stairs, and COM
promised with the third by appropriate
ing the entire stakes to his own uses.
On another occasion Jean Duprez, a
big French freighter, disputed one of
his statements, and IN the discussion
that followed Mr.. Cartwright stamped
him barbarously and carried away an
ear as trophy. The fact that Nine.
Duprez was present and screamed con-
tinuously during the engagement did
not soften his heart nor stay his hand.
These incidents and numerous others
of the same general tenor gave the citi-
zens of Leadville a hesitsncy about
urging any matter with him. Bigboned,
heavy-featured, coarse of speech, brutal
when aroused, morose when at rest, of
bulldog courage, of passionate nature,
and unforgivlng memory, the better
people of the camp tolerated him by
simply letting him alone. In view of
these facts Fishers friends were appalled,
at his suicidal temerity, and urged him
to withdraw his demand. That gentle
man replied tersely that he was right and
would not be bulled.
Cartwright laughed contemptuously
when he heard of Fishers claims, and
kept on work in the Josie" Next day
Fisher quietly enjoined him, in the
despised county court, from taking ont
any more mineral, and sneritf's posse
enforced the order. Cartwright came
to town full of rage aid kind of in
credulous amazement, and shortly after
ward of whisky. In this condition he
made several CORY threats, and was
promptly placed under bonds by Fisher
to keep the peace. After these were
given with great difficulty-for every
body believed that he would instantly
commit some deed of violence-he made
no more threats, but sat for long time
in gloomy silence. For the first time
he had realized the strong arm of the
law; then he surprised his admirers by
remarking, with an oath, that he guessed
he'd try the courts awhile himself.
Out of this sprang litigation which
became somewhat famous.
The disputed claim lay about mid
way down the side of one of those
spires the Continent divide throws out
like thorns upon a branch. Above it
into the clouds, and below it into the
valley, the mountains stretched away,
its vast incline so strangely smooth and
unbroken by rock, or gulch, or pine,
that from certain points 1t had an ex-
traordinary artificial look as though its
descent had been fixed by line and plum
met and some colossal piece Of engi-
neering. The two cabins, that on the
BLACK Bess' the larger and more habit
able, indicated the claims, and COM
mon trail zigzagged, away from up the
slope until it finally struck a stage road
a mile and a half away. This in turn,
WOuUu uDNuttlS ANU ever u lJNdIuS aDOHS
timber line iuto the ancient snow and
never melting mists, and now a tiny
thread in the distance. until it crept
over the giddy pinnacle of the Rockies
at Mosquito pass and dropped by de-
grees into the valley of Leadvile on
the other side. John Fisher had moved
his wife and five children into the
larger cabin, and had that which is nine
points of the law -possession.
The case got into the county court
and on the November docket. Cart
wright, who had realized some money
from the sale of ore before the trouble.
had stayed in town since and divided
his attention between faro and brood
ing over his wrongs. When pinned
down on the witness stand he admitted
that his drift extended over the line,
but swore ssvagely that Fisher had
changed the boundary stakes in the
dead of night so as to take in the dis
covery. Truth compels me to state
that this story of Mr.. Cartwright's bore
some of the ear-marks of being the in
SEPARATION of the moment, and was re-
ceived with more or less suspicion by
the learned Judge. Fisher made his
statement, introduced a surveyor who
corroborated him, and the case was
taken under advisement. This proba-
bly, would not have been done, except
that rude system of equity prevailed
there, and, although the facts were
against Cartwright, II was generally
conceded that 1t was a little rough on
him to use the fortune he had stumbled
upon, and for another man to receive
ali the benefit of his luck and labor.
Possibly for this reason the court was
10th to pass upon it, and it dragged on
undecided until the very last day of the
term. Meanwhile Cartwright had told
the story of the change of the stakes SO
frequently that, whether originally
founded on facts or not, he undoubtedly
came at last to believe it firmly him,
self, and was likely to become enraged
and commit assault and battery when
doubted.
Finally at noon, December "a, Just
before adjourning for the holidays, the
cause was decided, awarding the mineral
land TO John Fisher, and placing William
Cartwright just fourteen feet on the
wrong side of competency
Cartwright was at the bar Of the Gem
saloon when they brought him the news
For an instant he stood still. breathing
hard, and deep, black lines seemed to
grow across his forehead Then all the
brute in him burst forth.
Curse your eyes," he screamed nj
the staring messenger, hurting the I'M
tasted whisky into his face what are
you looking at?"
Then wheeling around, he called out
to the bartender, ed, lend me yolr
snow shoes
That worthy did not consider il adj
visable to decline, and sent boy 10
his room after them, while Cartwright
rushed out of doors. In short time
he returned for the shoes, carrying his
Winchester repeating rifle in his hand,
and, as be was singing them over his