The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-04-23
St Louis Mining Company Opens
the Trial in the Circuit
Court.
Preliminary Proceedings to the
Main Features of the Big
Damage Case.
both Sides Are Well Represented by Apie
Attorneys, Exports in Mining and
Many Witnesses.

Mining and Milling company vs.. the Mon.
t.na company, limited, was commenced
vesterdsy morning in the United States cir
cult court before Judge Knowles and "
;rrv- Very few spectators were present,
INIT the space inside the rail was we'll
crowded with the attorneys. experts aud in
tar.ated parties. For the plaintiff appeared
n. W. Toole. William Wallace. Jr.. and
Ex-Chisf Justice Mcconnell. Of Hell
ma. The defense was represented
Nv Charles j.. Hughes. Jr, a
Z Colorado mining lawyer. Judge w. l..
Cullen. Of Helena. and Judge kirkpatrick,
If Butte. G. S. Batterman, an expert from
Asnen. Colorado, who has been making an
examination of the mines for the plaintiff,
and Dr.. Raymond. an expert from New
York. for the Montana company were pres
ont. R. I. Bayliss. the managing director
of the Montana company. and George II.
Robinsop, the former manager, had seats
near sheir counsel. William Mayer, pres
ideut of the st. Louis company. was also
nresent. Surrounding the lawyers were
witnesses and assistants. In the
, oenter of the room a large plan was placed
10 Al 10 be in full view of the court. jury
and attorneys. 1t shows the workings on
the 81. Louis company's properties and the
adjacent territory Of the Montana company
"A prepared by the surveyors and experts OF
the plaintiff. Later in the day j. S. keerl.
vho had charge of the surveys and superln-
tended the making Of the plan. explained
Il TO tho Jury. Mr.. Keerl is not called as q
ming expert, but merely to verify the sur
A. If~no>lP md ooeiotopfo Nf tina
location Of the different shafts, inclines
and levels depicted on the plan. This he
did on his direct examination. which was
conducted by Warren Toole for the
plaintiff.
He was cross-examined by Mr.. Huges for
the defendant and again went over the
field. He was questioned in detail as to the
survey made by himself and assistants.
The colored portion showing the alleged
apex of q vein within the bound
aiies of the ST. Louis lines he
said had been placed there by the direc-
toned as to the checking of the survey he
had made and as to its accuracy. 1t had
been made under his personal direction
and he was willing to swear as to its COR
rectness. Mr.. Hughes said he had no doubt
OF his Willingness to do so and replied to
the witness that he thought he could
swear TO the accuracy of the plan only 80
far as his " personal knowledge went.
Mr.. Keerl was the only witness on the
stand yesterday and his testimony was
but preliminary in Its nature. The most
interesting part of the trial ia expected to
take place whom the mining experts are ex-
amined. who have been engaged for several
weeks in making careful examinations of
oil the underground workings.
According to the opening statement of
Mr.. Toole to the jury the plaintiff expects
to show that the Montana company, linn
tied, has taken a large and valuable guam
tity OF ore from a vein the apex of which is
from the Jubilee shoot No. 2. Mr.. Toole
said the plaintiff would be embarrassed to
conclusively prove the extent and character
of the ore which had been removed, and
would be obliged to rely to a great extent
on the defendants witnesses to show this
for the reason that the knowledge was con-
cealed within their own bosoms. He closed
BY asking the jury not to send his client
empty handed out of court. In referring
to the ore taken out he said the plaintiff
had been unable to ascertain from its sur
veys of the defendants ground what was
the amount. principally because the work
ings had been filled in with waste beyond
which they could not 60.
In their opening statement the attorneys
for the defendant denied the allegations
made by plaintiff and said the workings re-
ferred to had been within the lines of the
defendants property and that it was fool
ish to believe that any place had been filled
in to prevent inspection.
The allegations of the plaintiffs suit are
that the value of the ore claimed to have
been taken from its territory by the de-
PENDANT is about 81. 900, 900. From present
appearances the attorneys think the trial
will probably last about four weeks. Most
of the testimony will be of a technical ma
ture. The jury impanelled in the case are:
V. b. Howe, Capital City Music company;
Walter II. Little, real estate agent; G. w.
Dresser, saloon keeper; c. j. Clark, treas
urer Helena Trust company; j. +. Wool
man. capitalist; w. L. Kelly, merchant:
w. G. Bailey. capitalist; A. M. Hotter,
capitalist; Charles Blackburn. ice dealer;
A. Kleinschmidt, capitalist; E. Fl. Rev
nolds, merchant tailor; Fred G. Benson,
coal and wood dealer. The trial will be re-
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