The Anaconda standard., 1895-12-29
INJUNCTION GRANTED
About Robert @. Burton's Location on
Moose Creek.
~. AND THE MINE WAS JUMPED
The Defense Is That the Ground
Does Not Belong to Plaintiff -
Much Valuable Ore Extracted
~ The Bond Is SIS. 900


Judge Speer yesterday morning. Mr..
Burton's complaint was that he located
in 1893, and yearly thereafter repre-
sented the Reindeer lode claim, situa-
ted on the south side of Chicken gulch.
on Moose creek. and that in July of
the present year the defendants jumped
the ground with two locations called
the Old Glory and Old Glory No. and
have since taken out about $4,000
worth of gold ore. The defense was
that Des Rivieres and Hamelin were
not on the ground claimed by Burton.
and that the latter had failed to do the
necessary amount OF annual represent
alton work on the Reindeer In 1894, The
case was presented to the court by af-
fidavits.
The first affidavit read was made by
Mr.. Burton. He said he located the
Reindeer on May Is. 1898, and that 1t is
situated about seven miles northeast OF
Melrose and south of Chicken gulch on
the Copper hill range. The location
was made by discovering within the
boundaries of the claim a well-defined
vein or ledge of mineral bearing quartz
and ore having two well defined walls.
He marked the place of discovery by
posting upon a stake or post a notice
of the location. describing the corners
and boundaries. On May 20. he caused
a copy OF the notice to be recorded
with the county clerk and recorder.
At the time of making the location he
marked the boundaries and the corners
by setting and driving firmly into the
ground at each corner a stake upon
which he wrote the name of the claim
and piled about the base of each stake
a small mound of rocks. During the
months of July and August, 1894, he
caused work to be done on the Rein
deer to the extent of 800. The work
was done by one James Cummings.
and consisted in running an open cut
30 feet long and four feet wide by four
feet deep, all in very hard picking rock
and done for the purpose of exploring
and developing the claim.
Mr.. Burton says he has been en-
gagged In mining operations for 20
years. and knows that the work done
is reasonably worth 800. On the 18th
of the present month he sent Cum
mings and another miner to the Rein
deer with instructions to represent the
claim for this year. but when they ar
rived there they discovered that the
defendants were trespassing on the
claim and had made two other ioca-
tions on the ground on or about July g.
each OF which locations covered a por-
tion of the Reindeer
Mr.. Burton was first notified of the
trespass O. day or two later when Cum
mings FASTENED to return to Butte and
informed him of II. Prior to that time
he had no knowledge whatever that
any acts OF trespass were being com
mitted by anyone. Mr.. Burton further
said that he was well acquainted with
both defendants, and that shortly prior
to Dec. 12 he met Des Rivieres in Butte
and talked with him about other busi-
ness matters, but he made no mention
OF the mining ground I'm question or his
work thereon. The reason Burton did
not attempt to represent the Reindeer
earlier In the year was because he was
work on other claims and left the Rein
deer until the others had been repre-
sented
On Dec. Is Burton visited the ground
In company with w. T. Boardman.
Thomas Moffet and a Mr. Mcdonald.
and with them and the defendant, Jo-
seph Hamelin. walked directly to the
northwest corner of the claim and
pointed out to them the stake he had
placed there at the time of the loca-
tion OF the calm. The post was stilI
legfbly marked Reindeer, northwest
corner. Hamelin would not accom-
pany the affiant and witnesses to the
other corners, but they visited each
one, and had no difficulty in discover
ing the posts at the northeast and
southeast corners. but were unable TO
find the post at the southwest corner
as the country at that point was very
rough and rocky, and there was snow
on the ground. Burton said he was in
formed and believed that the defend
ants at the time of their locations OF
the two claims new OF his location OF
the Reindeer. and that he stiIl held II
He has ascertained by accurate meas
urements that the point where the de-
fendants have been working and ex-
tracing ore Is within the end lines OF
the Reindeer. a distance OF from 200 70
go feet. As soon as he was assured
that they were working upon and ex-
tracting ore from the Reindeer he i'm
injunction. nm
mediately applied to the court for an
James Cummings made affidavit that
In June and July. 1894, he performed
the representation work on the Rein
deer as related by Mr. Burton and that
the work was well worth 800. While
at work on the claim he saw the
stakes ana posts marking the bound
aries and knows that they were at that
tlme IN their proper position. ,egibiy
marked and securely driven in the
ground While performing sush rep
resentation work several parties about
that vicinity well knew that he was
doing the work TO represent the claim.
among the parties being one Curtis
and one Helehan living in that local
ity. Cummings assisted Burton in
making the location OF the claim on
May Is. 1898. He was sent out aeain
on the 18th OF this month TO represent
the property for this year and found
the defendants at work there and he
Immediately notified Burton.
w. 7. Boardman and T. ]. Moffet
made affidavits to the effect that they
accompanied Mr.. Burton TO the Rein
deer on the 18th of the present month
and examined the ground and found
stakes. property marked. at all the
corners except at the southwest The
three posts bore evidence os having
been exposed TO the elements for some
time, perhaps a couple of years, and
also indicated that they had been
driven into the ground by the use Of
a sIedge or hammer. They also ex-
amined the point of discovery and