The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-04-25
THE SUIT FOR MILLIONS
St. Louis Company Wants the Mon
tana Company to Produce Ger
tain Ore Books.
The Question Argued and VIII be
Decided by Judge Knowles
To-Day.
.Judee W, r.. Cullen Becomes somewhat
Fscetlous in His Opening Rcmarksa
the Forenoon Session.

Tn tba trial of the st. Louis-Montana
companies case yesterday Il good portion OF
&he forenoon session was taken mp with
.reoments concerning a subpoena to Mr..
Bayliss, the managing director of the Mon
t.na COMPANY. limited. to produce certain
books to show the amount of ore extracted
BY his company during a certain per'oa.
Judge Knowles said he would reserve MS
decision until this morning. Aftcr TINS the
examination of j. 8. keeri was contihueo
a. to the survey he made OF the deteno-
ants property. Othes 8 who assisted IN the
gu. vey we're examined later III the oay.
The last witness on the stand was j. >.
Parks. a mining expert from New York. In
the arguments In the forenoon Judge w. b.
Cullen. of the defendants counsel. sald:
'If in obedience to this writ we are re-
uuired to empty the Office OF the Montana
company, limited, of all its aocumolatlons
for a period of eleven years and dump IL
here in this court room. we Will SET ABOUT
doing 1t. because Mr.. BaYliss does not de-
sire TO be in contempt. and shall be very
much psined, indeed. to have the Montana
comrany in contempt. just how 1t woolo
be punished l confess l do not know. A
eo,poration has been defined by SOMEBODY
who was posted, as being a legal entity
without q portion to be damned or a
superfcial portion of Its anatomy
to be kicked With reference to this mat
ter l will say that there is no disposition
upon the part of this defendant to conceal
or cover up one solitary thing. 1t there Is
in our possession or under our control any
particular document. any piece OF docu-
mentary evidence whatever, that ID evil
dence. why name it and we Will produce IL.
On this trial we will undertake to produce
maps showing every particle OF work winch
has been done by the defendant within the
plano of the plaintiffs end lines dawn
downward through our claim. we cannos
produce any books, perhaps, that WILL snow
the exact amount of ore mined within those
planes, but we will do our best to give a
fair and honest approximation OF the
amount. Whatever ore has been mined
from the Drum Lummon has gone into one
common set of bins. Requires about $50
ions per day to keep the mills busy, and
no ssrarate account, l believe. has been
kept of the particular quarters from which
ore came, but l think We can approximate
il yery closely at least. and we
will undertake to do 80. II these gentle
msn have o solitary dollar or property that
belongs TO this plaintiff, or anybody else,
they are willing to pay 1t over. We say we
have not taken a pound OF ore upon which
thew have the slightest claim. This testi-
monv viii show that no solitary pound OF
orc has come out of the defendants claima
nearer than 800 feet of the plaintiffs side
lines.
"Now tho counsel for the plaintiff in
their opening. have adverted complainingly
to something which is outside the record.
/ want to say that sometime previous to the
commencement of this suit there were GER
tain proceedings rendilg in the courts of
this state for tho purpose OF having a sur
vey. and inspection of this property"
Mr.. Toole, of the plaintiffs counsel, here
asked II that had anything to do with the
motion or was il outside OF it. Il if SO he
would ask the liberty to reply to it.
Mr.. Cullen resumed by saying that if
there was anything in the matter that was
unprofesslonal he alone was to blame for
it; that the gentlemen associated with him
in the defense were not concerned in IT..
neither was the Montana company limited.
For more than ten years he had been the
counsel Of the Montana company and they
had followed his instructions in the matte .
Judge Knowles interrupted Mr.. Cullen
and said he had some knowledge of it and
he did not think it was necessary for coun-
sci To 90 lnLO ". MT. Cu!leu saiu ue WRUtGu
to remark that the insinuations wore not
exactly what they should be. The plain
titf's counsel had said he was going to in
troduce proof of it but he (Mr. Cullen) did
not know what lssue it was competent to
prove or tended to prove.
Mr.. Ioole then replied that counsel
seemed to admit that they had in their pos
session and would present a map which
would disclose precisely the slopes that
had been taken from within the end lines
of the st. Louis mining claim, and also
showing the amount of ore taken from
them. The subpoena deuces tecum not
only called for the surveys from which they
had been taken, but also the books of the
company showing the quantity of ore taken
out and the amount realized from 1t. In
30 far as the remainder of the testimony
was concerned, referred to in the subpoena
deuces tecum. if plaintiff could get that 1t
would DO satisfied. He did not see how
affidavit Of the witness al to his opinion
with reference to the materially Of the tes-
tlmony, and also the fact that the work.
ings would not come within 300 feet of YER
tical planes drawn anywhere upon the side
lines of the st. Louis claim that would
give plaintiff any right whatever to the
property.
The question as to whore. for instance
said Mir. Too!e, these vertical plSne
were TO be drawn was testimon.
10 De inferred BY the Jury from
all the facts in the case. aud the conse
quence WAS that any ore taken out within
the side lines within the scope to which tn
plaintiff would he limited in a recovery
would be competent and proper. anu o
course the court by its instructions migh
curtail it one way or the other. But h
considered it com peteut. Ii the ooul
should consider the subj Hna deuces tecu1
(for which defendant had asked an opinio
in advRncs) too broad in it's scope he woui
ask leave to amend it. The affidavit shove
session of anv of the books containing til
accounts OF the ore. the plaintiff had bee
unable to give n mors Ia ticulnr deGcriI
ton than WAS contained in the suhpnn
itself. Continuing his argument. Mi
Toole said that the idea was to got at th
original entries that we're made of the ol
that was taken out ut a time when thel
could be no occasion to disguise any Of tt
fnots connected with it. "And eouns
need not feel 80 delicate whenever We ref,
TO O matter of hat kind, Of assuming TIL
we are charging them with anything
that sort. We take the fec
as We find them. We ha,
not got possession of those books. W
have no charges to mako against this cor
pany of unfalrness unless they fail to orc
duce the testimony which they have got
their possession. and which we have no
! submit that SO far I'd the books of TIN
company are referred to there, which sho
the amount of ore taken out inside IL
boundary lines of the st. Louis claim, b.