The Helena independent., 1893-05-21
4 TRIP TO MARYsV|LLE,
Tho Jury IN the Big Mining Case
Personally Inspect the
Premises.
Next VIII Come tho Arguments
by the Attorneys Of Their
Theories.
m. Montana Company's Lawyers Pre-
ssnted Their Instructions to Judge
Knowles Yesterday.

The iury in the Dtum Lummon case re-
Aurned last night on the special train from
Marysyille, They left Helena at 7;45
Yesterday morning. Two bailifs from
1he United States circuit court &C.
sompanied the jury. The entire day was
spent In examining the workings D! the
Montana company, limited. and OF the 81.
Louis company. Several of the attorneys
and experts connected with the case also
went along. When tho court adjourned
Eridav afternoon and the attorneys con-
aentcd 10 the visit to Marysvills the court
said the jury could remain until Monday II
thev wished, or they could come back BE-
fore. They have become 40 thoroughly ia
miliar with the premises from hearing the
evidence and seeing the maps and models
that ono dsy seems to have been sufficient
time Tor them to inspect the mines, which
vas done under the guidance of two of the
experts who are perfectly familiar with tne
underground workings These gentlemen
we're Prof. Churchill. representing the 81.
Louis company, and e. L. Wh'tmore'
for tho Montana company. Only
one Of the iurymen was heard to prossss
vhen tho visit to Marysville was first sug-
Oested in the court room. He said he had
been shot in the arm and leg during the
war and could not climb the ladders IN the
shafts. He was assured that special ar
rancements would be made for his benefit.
On this trip the jury were for the first time
In charge of officers OF the court. Dur
inc the trial they were permitted to sepa-
rate each day after court adjourned with
~ - kalk n
case with any one.
Both sides in the case will present type
written instructions to Judge Knowles to-
morrow which they will ask him to give to
Ahe Jury, The Montana company's attor-
news started in at it yesterday while the
attorneys on the other side were absent
hut who had notice. Judge Gull
len. MIR. Hughes. Judge kirkpatrick
and Dr.. Raymond appeared in cou't at
10 o'clock yesterday morning with the In
structions which they desire Judge
Knowles to give to the jury.
They were loaded down with authori-
ties fortifying their position and they
argued their idea of the case until 1t was
half an hour beyond the dinner hour. One
OF the questions in this litigation is tres
pass which also came up in the we'll known
Montana mining case of Pardee vs.. Mur-
ray, Judge Cullen. who has furnished
nearly all of the bon mots during the
trial, found himself in peculiar position
Yesterday when he opened his argument.
ated with Judge Knowles. who had not
then reached the distinction of being a
United States circuit judge. Judge Cullen
reminded his honor yesterday'that they had
succeeded in securing the adoption of
their theory Of the law in the Pardee-
believed in the light OF more sx-
psrience In an unexact science
shas the theory had gone too
far. There was no one present In the court
room to speak for the St. Louis people and
the Montana compnny's representatives
had everything their own way, except whsn
the court differed with them. DR.. Ray.
to practice law in the circuit. by
she courtesy of Judge Knowles, was oo.
casionally allowed to make suggestion.
For some time during the trial the doctor,
who looks like typical Englisman. and
wears a black silk skull cap when IN court.
the Montana company who had come over
from London to hear the trial. In strik
ing contrast to this conspicuous figure is
Fred Crowthers who looks as If he might
be mine superintendent, and who really
is director In the Montana company and
q big Liverpool merchant. This is his first
visit to Montana. He likes the country.
All tho valuable maps and models, with
large quantities of ore. rock and other
stuff. which have been SO jealously guarded
during the trial. were seemingly aban-
doned in the court room whom the
court adjourned Friday night. On tho ta-
bles law books were tumbled about with
samples of ore and notes of the trial. The
only things which wore not exposed were
the cores of the diamond drills obtained
by the Montana company in exploring the
territory of the st. Louis company.
The attorneys think they will be able to
begin their arguments to the jury some
time tomorrow. This is their last chance
Mt the twelve men. and il reports be true it
will be something interesting as it will il
lnstrate two theories in one of the greatest
mining cases ever tried. not only for the
amount involved, but for the legal prip-