Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1889-10-09
BOTH SIDES ENJOINED.
Judge Devote Declares the
Blue Bird-Murray Suits
Proper Jury Cases.
Pending a Hearing Both Sides
Are Placed Under Modified
Restraining Orders.

From Tuesdays Daily.
), The now celebrated case OF the Blue Biz,
Mining company va. Murray ct. al, ant
the no less famous case OF Murray vs. tn
Blue Bird company ct. al, was given 1
temporary hearing yesterday by judy
DeWolfe. Mr.. Murray was present ant
represented by Wm. Scallon, Esq, and thu
Blue Bird people, who were represented by
n. F. Forbis, Esq, and Judge Knowles
were on hand in force. The benches out
side the rail were filed with minersin the
employ OF the litigants.
Mr.. Forbis opened the cause for the Blue
Bird by presenting and reading an answer
to the complaint and application for in
junction filed by Murray, ct. al. It was q
general denial of all the charges mad, by
the owners OF the Darlingand Little Darling
lodes and set forth that the workings oil
the Blue Bird had caused no damage nor
injury to the owners of the adjoining
claims, and that the removal OF ore from
the vein beneath the surface ground OF the
Little Darling had not been of injury or
loss to the owners OF that surface ground;
that the vein had at all times been and was
at the present time the lawful
property Of the Blue Bird company, and
that all the veins which had been worked
had their tops or apices in the surface
ground Of said company's claim; that all
the mining lone and ore extracted from be-
meath the surface ground Of the Little OAR
ling claim was from the Blue Bird vein and
that the company was in no way nor sum
whatever indebted to Murray ct al. for the
value of the ores SO extracted.
Mr.. Forb supported his general denial
by a petition for a modification OF the
temporary Injunction granted against his
company, the defendants in the case. and
asked that the company be granted the
right to continue the work of development
on the various drifts, cross cuts, wines and
levels, the company agreeing to Keep all
ore extrs cted in a dump by itself and
promising that all work carried on under
such perm :ssion should be workmanlike, |
etc. Such werk, the petition further cited,
was necessary to the final hearing of
the case.
The counsel for defendants then read a |
large number O. afidavits relative to the
workings of the mine, the dips and angles
of the lode, and the identity thereof. The
sworn testimony of Albert e. Knight, civil
engineer, was in brief that the vein called
the Blue Bird vein, and which pierced the
side lines OF the Little Darling below the
surface, was the same vein which had it's
top or apex in the surface ground owned
by the Blue Bird company, and it was his
opinion as an expert that all the territory
in controversy was the rightful property of
said company.
Similar affidavits from a large number of
miners engaged in work at the point in
dispute between plaintiff and defendant
were introduced, together with a drawing |
OF the workings. Afidavits were presented, |
too, from l.. e. Davis, who had made a J
careful examination OF the mine; from j..
B. Williams. the underground foreman of
tho Blue Bird; from Thomas E.
Jones'. successfully laborer and shift
boss of the mine; from Mr.. Van
zandt, president OF the Blue Bird company;
from benjamin libby. superintendent
of the Parrot mine; from William E. Hall.
of VAUDEVILLE, superintendent of the Alice
mine; from Charles w. Goodale, superin-
of the G4gnon; from George w.
Irwin; from William H. Keller, general su-
perintendent of the Blue Bird mine, and
rom William P. Blake, an expert from Con-
All of these affidavits were in
If not in SO many words, that the
vein claimed by the defendants aud known
TO them as the Blue Bird vein, had it's ap x
the surface ground OF the claim owned
BY the Blue Bird company, and that it was
traceable from grass roots to the lowest
ONT reached as the same vein. The evil
ience of Expert Blake was the most point
I'd. He designated himself as an expert of
zig 1T or ten years experience, and gave it
% his opinion that the vein claimed by the
Blue Bird company was distinguishable
rom the surface down.. His opinion was
on the evident continuity Of the
vein to the 300-foot level, to the identity
of vein structure and material contents at
points and to the dip of the vein.
After the reading OF these afidavits, coun.
sci read another on bonds and damages. 1t
from President Van Zandt and set
forth that the Blue Bird Mining company
had invested 81, 200, 600 in the plant and
the development of the property; that
the altered and unaltered ores of the mine
must be mixed before treatment by the
company's mill and that those ores were
from the different levels OF the
mine; that unless the mill could be kept in
operation q loss would result from the in
nocuous desuetude; that the work of pump
ing out the mine involved a continuous ex-
nnnSo IF GO n00 nor mouth ord tha< %Io 1
cessation Of pumping would entail great
loss; that the services of watchmen and re-
necessary to protect the mine and
Keep it in good order would be 81, 500
monthly; and that when closed down the
mill and mine were an expense Of $25, 900
per month or $500, 900 annually. A cor
affidavit from William E. KEEL
er, superintendent, was presented.
This closed the testimony and deposit
for the defense. i
William Scallon, Esq. OF counsel for the
plaintiffs, submitted a drawing of the sur
ground of the Blue Bird, Little Duke, :
Darling and Darling claims, the map !
also the underground development
IN each.
In the line of controversial affdavits,
Mr.. Scallon submitted the sworn state
nent of Gustave A. Kornberg, who had re- t
examined the properties in dispute 8
ind who bore witness to the correctness of
The map; that OF John Branagan, who had
lad twenty years Of experience in examin- &
ng and reporting upon mining properties
Ind WHO had recently made an examination
II the workings OF the Blue Bird and the
little Darling; that of Charles McAuliffe,
Who had held a lease on the Little Darling g
'ome years ago and had worked the claim
hereunder, and in that working had found q
he apex OF the lode on the Little Darling G
md in the underground work had stopped
o within fifteen feet OF the surface, {
the time in mineral; that
# John P. Collins, one of
he ~plaintiffs, and James McGovern, VIII q
am England and Dave England. workmen l
n the Little Darling; that OF Fred Levo,
Or t%wenty.six years. miner; that of James
!. Murray in confederation Of Levo; that
1 Joseph Laird for twenty-five years a !
and now foreman at the Chambers :.
indicate mines; that OF James Hodson, a a
miner of thirty years experience and at
resent foreman for the Butte & Boston R
ompany. Other affidavits were bv George S
Il Tnpo HhorIoo II Gooco ,-l o.