The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-12-01
THE HESPERUS.


william Burton Recites what He De-
ciares to Be the Facts In the Case.
To the Editor Of the Standard.
IT would be pleased II you would pub
lish what I claim to be the truth and
the facts relative to the Hesperus lode
claim.
The Hesperus lode claim was To-
Gated by Silas F. King and John Du-
Gle I'm February, 1889, on grounds which
had been located by Murray and Du-
Gle In June. 1879. as the Isamdula lode.
Michael A. Hickey had a placer claim
covering a. portion of the claim and,
upon the Hesperus claimants applying
for a patent In 1880. Hickey. through
his attorneys. Stapleton & Robinson.
commenced am adverse action In which
he got a verdict in his favor Oct. /.
1881. About this date Edward Hickey
made q location known as the Charles
town lode. In some way a compromise
was made allowing this Hesperus pat
emit to issue. On II becoming known to
William Burton and others. whom the
pa,tentees tried to dispossess, they
knowing the required amount OF work
barities, induced the interior depart
ment to send a special agent to exam
me and report the facts. Upon his re-
port and recommendation, a suit was
ordered by the attorney general. by re-
quest of the secretary of the interior,
the ground of fraud, which was done
by a jury trial in December, 1887, the
presiding Judge, Galbraith, signing the
findings and decree Dec. 20, 1887. Judge
Galbraith's term of office having ex-
pired, Judge De Wolfe succeeded him
on Jan. 1, 1883.
THE defendants moved for a new
trial, which was granted. from which
the government appealed. and on Oct.
8, 1889, the day Montana was admitted
as a state, the territorial judges sus-
tanned Judge De Wolfe In granting a
new hearing. A new hearing was had
in 1890 before Lieutenant Governor Bot
kin acting as chancellor or examiner in
Butte for the United States court of
Helena, and, after all the evidence be-
ing In, he reported to the court that the
patent had been obtained by fraudulent
afffdavits TO the hand Office and that the
necessary amount of labor required by
law had not been done. Some parties
interviewed as innocent purchasers and
the government filed an amended COM
plaint bringing the tntervenors in as
defendants. In the latter part of April.
1895. Judge Beatty of Idaho overruled
a motion OF the defendents to strike out
the amended complaint. and the case
now stands on the evidence taken be-
fore Colonel Botkfn. to be decided when
q judge who Is qualified to try the case
can be got in Helena
There have been several locations
made on this noted ground. First. prior
to the Hesperus. which reads Identical
with II except as to dates and the
names of the locators Is the Isunduia.
June. 1879; Hesperus, May, 1880:
Charlestown. October. 1881; James A.
Garfield, Dec. z. 1885; Contention, by ].
A. Murray. Dec. 6. 1886; The Rusher.
the day the jury handed down the YER
dict. and the Climax. by William Bur-
ton, a few minutes after the decree was
signed reverting the ground back to
the government, on Dec. %. 1887. Bur-
ton was advised by his attorney to be
watchful and get there first after the
decree as. In his opinion. the former To-
cation was void. as IT was then segre-
gated from the public domain by reas-
on of the patent being IN force at the
time.
There have been a few more loca-
tions, but they were a little too pre-
vious. notably one by Gregory NJ. Ly-
ons. while the jury was out In the trial
at Deer Lodge. These are about the
facts in regard to this famous case out
side of the squatter fights. Yours re-
specrfully, william Burton"