The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1895-11-28
PLEADINGS AMENDED
The Ground Squirrel Case Goes Over
for a Couple Of Months.
JOHN CARRIERS DEPOSITION
A Verdict for Paula Sheehang-
Treasurers EnJoIned by the
Hfokeys-Other Matters 81
In District Court.

The trial OF the Ground Squirrel min
ing case of ]. b. Haggin against the
Butte & Boston, which had been set for
yesterday, has been indefinitely post
poned on account of the absence OF a
material witness for the plaintiff and
because of a change in the pleadings.
When the case was called yesterday
morning Messrs. Scallon & Dixon, at
torneys for the plaintiff, filed an affi-
davit alleging that in view OF the fact
that the defendants had presented an
amended answer and Withdrawn the
original answer, they could not pro-
coed to trial without the testimony OF
Mrs. 8. ". Kemper, who is at present
in California. The original answer de-
clared that the deed and contract be-
tween the Kempers and John c. Carter
who sold his half interest to the Butte
& Boston, was meant to convey to the
latter company a half interest IN the
Ground Squirrel. with the right to fol-
low the vein on the dip. but that
through fraud on the part of g.. v.
Kemper the papers did not make such
understanding clear The amended an
swer alleges that the ambiguous Ian
guage was the mutual mistake OF the
Kempers and Carter. The affidavit for
a continuance alleged that Mrs. Kemper
would testify, as one OF the parties to
the agreement or deed in question, that
there was no mistake to her knowledge
and that the instrument was drawn in
accordance with the understanding Of
the parties. and that 1t fully expressed
the intention OF the parties. and that
she did not understand or agree. that
Carter, or anyone else, should be grant
ed any rights to any ground, vein or
mineral outside Of that portion of the
Kemper addition bounded by the line
described in the instrument, and II was
not intended that Carter should have
any right outside Of said addition.
John Forbis, representing the de
tense, said they would join in the re-
quest for a continuance, as they de-
sired to still further amend Their plead
fngs, but he thought the case might go
on for trial as to the defendant. c. NJ.
Allen, as the question of placer and
quartz conflict alone was involved in
his case. The plaintiffs attorney said
the two questions involved should be
tried separately, but that 1t would be
better to continue both. which was
finally agreed to, and 1T is not probable
that the case win be reached before
January or February. -.
John c. Carter was In attendance. at
court and. as he lives in Bozeman, IL
was decided by the defense to take his
deposition and avoid the necessity of
another trip to Butte. Carter testified
that when he acquired a half interest
and lease on the Ground Squirrel
vein a piece OF ground 100 feet on each
side of the vein and parallel with 1t
was surveyed off and included within
the ground in which he acquired an in
terest. and on which he had the lease.
He said IT was the understanding that
the side lines so drawn should follow
the vein on its dip and that he, in min
ing, could follow the lead If 1t led to
China. Carter said he was particular
to ask Kemper If the contract covered
the lead. and Kemper said II did. He
said the first ne knew that Kemper dis
puted the understanding of the contract
was after Carter had sold his interest
TO the Butte e. Boston company and
the latter had commenced work on the
property. Kemper never said anything
to Carter about II, and, on the contra
ny, wanted> him to sink 500 feet before
prosecuting, which would have car
ried them beyond the side line How
ever. Carter sank only 1872 feet, when
he sold his interest to the Butte & Bos-
ton and had not crossed the line, but
had cut the vein in the shaft. Carter
got an opportunity to sell his interest
for $4,000 and Kemper advised him to
sell, and he opened negotiations with
the Butte & Boston. While negotia-
lions were pending Kemper learned
that he could get s150.000 for the prop
erty by putting in another block of
surface ground at $4,000 and Carter
would get $4,000 for his Interest but
Carter sold to the Butte g. Boston for
$50 600 'UH7sH-