The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-05-25
THE GREAT TRIAL ENDS.
the Arguments Made and the
Case Will Now Go TO the
Jury.
-udgo Knowles Will Make His
Charge to Them This Morn
Ing.

Ing.
Mr.. Hughes for the Defendant and Mr..
Tools for tho riaintiR Have the
Last Say.
The great mining case will 60 to The jury
como time to-day. Arguments were made
yesterday from 10 n. m. until ~. md from
two p. m. until five p. III. The closing
scenes Of Tho trial drew q much lnrRcf an
dienco than at n time during the hvs
weeks It has been going on. A number OF
members Of the Helena bar were present
yesterday and several ladies. During part
OF the afternoon. when warren Tocle Was
making tho closing argument for the 81.
Louis company. Associate Justice DOWN.,
OF tho state supreme court. Sat next to
Judge Knowles. and near by Mr.. Tools was
his brother, Ex-Gov. JOSEPH X Tools.
Charles J.. Hughes. Dr., Of Colorado, made
the closing argument for the Montana
company limited. He talked from the tina
tho court adjourned yesterday morning until
noon. He is q young man. and has svsry
forcible delivery. This is the frst time he
has appeared in . court in Montana. and
hs has made an excellent impression upon
the lawyers engaged in the case. In sum
ming up he said: II have thus ono scat
teringly over what was left OF this case for
me TO present. know that IN attempting
20 discuss the. case am attempting to
touch in places the picture which WAS
placed Upon the canvas before you by Judge
Kirkpatrick and Judge Cullen and 1 have
run the risk Of blurring the linss and dim
ing the coloring. They have traced all 80
clearly and distinctly. filing In it, outlines
70 perfectly. that there was nothing for me
10 add TO what they had said. But In n
case running tho length Of time this has
lasted, with it's various features and
branches and matters that game through
out ito course. there is always something
TO talk about, and thus having
inflicted five weeks Of testimony upon you.
Rnd = visit to the mine, We could not ind
It in our hearts to let you go. aud therefore
talk to you a little. Something was said
about tho damages. have not discussed
them. md my reason frankly, gentlemen.
uron that is that I cannot conceive II posi-.
bis upon this evidence that disintef-
e6te0 man can DelleVO tucTo oAloto on Otuul
Lummon hill this broad, vide vein that has
been talked about here; or II such q state Of
facts couA possibly be imagined to be
found there. as they have told us, that any
body under this evidences could dream Of
its being q vein Of the law or emitting :
neighbours ground, I haven't any quarrel
with the law, but it ID a law which must be
Il grants can be enjoyed; and certainly
there has been a signal failure here. This
IL no case in which the daring prospector
is to have 1t as the reward fox his h%Rrdships
md his adventure, but It is 4 ease in which
the ore WAS found and known to exist for
years, md gropinR about on that hill cor
tain lenrned gentlemen undertook to con
vince Mr.. Mayer. who had been content
according to his knowledge Of that hill to
seek other veins md ores. that here was
his npex and here WAS a wilful trespass-
here is a deliberate ap. ropriation OF the
trorerty of his company.
"Gentlemen of the jury can II DO believed
that these gentlemen had any reason to
suspect that they were mining somebody
elses ore when Mr.. Mayer himself came
reluctantly to the conclusion, as he told IA.
that he had a portion OF the vein or the
apex covering that ore. only after he had
listened for n week o. two to his experts
who had painted it 30 glowingly that he
did not want to resist them and he 6nallv
came to that conclusion. Are We willful
trespassersp Whv should We know 1t when
ho did not. Now. under these circum-
stances. I do not think IL is pro OF to con-
slider the idea that on that evidence a man
could find that whatever ore had been
mined in these slopes did not belong TO the
reople who mined IL; that the burden of
proof, the weight of evidence the law re-
quires, not the number of witnesses. but tho
weight. the character, the foroe. tbs roa-
- Ah4 nws1>,,nn 10
10 convince you clearly that this ore bt-
lonGed to somebody else; that titles would
be put nfloat upon such u tuotuating sea as
the opinions of these interested experts,
and believing that, l have to say to you in
my opinion that there 10 just ~ much evil
to have 81, OOO. COD for ore, taken. out of that
ground az There 10, that they have a vein or
arc entitled to al ounce, a dollar or a dime
for anything that has ever been mined by
this defendant; upon that proposition ! am
content to submit this case to tho jury.
and l desire to say in conclusion 10 the
court, to You my associates and to tho OPP
pcsing counsel. that this case has been to
me. while long and tedious. remarkably
pleasant. and I shall ever have grateful
Yecollections OF it because Of the courtesy
and kindness with which ! have, q stranger
in your midst. been treated from the day OF
nv arrival down to the present time"
Warren Toole. of the defendants counsel,
followed Mr.. HuRheB and spoke for three
hours. reviewing the case in NIL its details.
He spoke with much feeling when he
reached that portion of his address which
referred to William Mayge'. In opening
he said to the jury: Il desire before tho
commencsm ent Of tho argument in this case
to ada to what has been said with reference
to the manner In whioo You have given at
tention to the testimony in this important
case. Indeed. the manner In which you
have listened to this evidence, and the evil
dent pa pose you have had in view to get
ut the merits of this contention has con-
tribu,ed much in conducting tho
case by the attorneys. who have
in keeping with the example
You have set. done no,hin1 that I have per-
oeived to maj the pleasantness Of this trial.
1t has certainly been unattended with that
spirit OF n~ntaGonism. even vehe en- CO.
which sometimes leads to n stotc OF feeling
not a. all desirable In the trial OF
a case even Of this Importance and magni-
tude. / think you will consider that l am
performing nothing but a duty when l o.
move from this case whatever p~r-iudics
may have been placed upon my client by
the remarks that were made by Judge Gull
Ion tending 10 convice you thai this caso
was instituted for the PURPOSE of black
mailing the defendants in this action. In
deed, l should feel that ! had failed to rer-
form q sac, ed duty 10 my client. an oblign-
tion to mn old citizen and resident of your