The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1895-06-28
THEY GET THE MINES.
persingers Win Back Property
From John Z. Wolcott.
...oIIKE TALK OF ATTORNEYS.
-, Creek Suit Settled-A Costly Mis-
,.ke for Baker-yerdtct by Ten
Jurors in Hill Case.
...eLIKE TALK OF ATTORNEYS.

r.to r. wolcott yesterday lost his suit
s-s-s- the First National bank, OF this
and George z. Fisher Ell al, inyo!v-
GO 80 ownership OF the Persinger groun
- zines Ia the Negro Creek district.
s~.,-s,as county. Tie present case has
- the attention OF the courts fire.
.s.lv between last January and the
sss.s,rr time, and the result is Naturally
- satisfactory 70 the owners OF the
rsr,s II will also be great benefit to
- entire Negro Creek mining district,
-ss.a has undoubtedly felt the bad eff
IS Of the tying up OF such valuable
s-snerfy. A verbal passage at arms was
ssnsed at the windup by a remark from
a 2. Andrews, attorney for Wolcott.
.ssc,,nx upon the method employed by
r e Meicalfe, for defense.
ur Netcaife had JUST finished his ar
rsnt IN which he severely ''roastatio
waleot,. when Andrews remarked that
l. 8sd not approve Of this "blackguara-
.su-" Dir. Metcalfe's fighting blood was
- IN an instant. and striding toward
.y. Andrews, he said. What did you
sy. SIR
osevr. AID in stern tones said, Take
,aur seats, gentlemen, take your seats ="
Ta.s did not stop Air. Metcalfe. VINO
sala. IF you make that remark again,
~ will slap Jour face. allow no man
"a talk to me that way"
rurng this speech Judge Langley was
r.nring for order and commanding the
rsn TO take their seats.
Mr.. Andrews, who made the remark in
heated moment, apologized 70 AIr. Met
fsIts soon after adjournment.
Another little incident occurred during
he examination Of j. Fl. Stolten, one of
II tt1n 4F4A IL @z1f
sbost a trip made by Wolcott to The
mines. in which he and a companion took
"a. several sacks OF ore for the edifica-
nan OF the then supposed purchaser.
he said: After filling several sacks OF
IRE ne placed them on the back OF
iek and brought them out"
(which jack?" said Mr.. Metcalfe.
Not wolcot,; the other jackass." said
stsltsn.
Mr.. wolcott was present and looked
angry. but did not say a word
The property In dispute is what is known
As the Persinger group OF mines. in the
Negro district. Kittitas county. and con-
s.sts Of ten claims. The testimony of the
ogners was in substance as follows: On
October f3, 1894, John Il. Wolcott, of this
saiy approached the owners. George Per-
singer. w. +. Lee. Ralph White. ]. Nc
Eeazie, J. n. Stolten and G.. W. Kline, at
Leayenworth. for the purpose of getting
aconiract by which he was to procure un-
der certain conditions a ore-third interest
and the others two-thirds upon the pay
ment OF 100000. Heinduced the men TO
enter into contract by which he under
took. between October 49, 1894 and June l.
is5 10 build a wagon road from the end
Of the Peshastin valley road to the Persln-
ger group, 10 establish a camp, 10 do de-
seiopment work and to mine and ship ores
between October 13. 1894, and January l.
Is6 II the mines were put upon a paying
basis under these terms he should have IN
n October 10. 1895. In which 10 acquire the
oae-tflrd interest. The contract provid-
ed In plain terms that the work should be
fully performed by January 1. 1896. He had
9 further option. that. IL he put the mines
On o paying basis within the year. he
seuld have until September. 1885, in which
to pay 10000 for Them.
The contract was placed IN escrow in the
First National bank OF this city. The es-
crow agreement provided that IL all the
obligations and conditions mentioned In
the contract were not performed as speci-
fed the escrow should be annuiied and the
deeds which had been placed in escrow
should be returned 10 the owners OF the
mine
The testimony for the PersIngers showed
that Wolcott, from the time OF the execu-
ton Of the contract TO the present hour.
has performed nothing as required by the
contract He never built the wagon road
or established the camp; did no develop
ment work. mined and shipped no ores at
ans times. nor attempted 10 do so. The
Persingers demanded Of the First Nation
g. bank the contract and deeds In escrow.
Wolcott. hearing or this. brought the pres
ent action to enjoin the delivery. claiming
that under the contract he would have I'M
u October 10. ISa5. IN which 10 perform the
work, instead OF having onlyuntn January
], 1885,
The case has been vigorously contested
before Judge Langley for the last four
GAYS. and from the energy displayed by
The parties interested the property in con-
test is probably "A part OF the group OF
nickel mines on the same vein "a the on
tario group. which was bonded few days
ago al ti0100o. The vein in North Pole. No
J. one OF the group. is shown 10 be con-
tact vein, running through TO the Ontario
nine. about 500 feet distant, on opposite
ades Of Negro creek.
The court held that Wolcott had not IN
any manner complied with the contract
IS IN good faith he ought 20 do. and or
aered decree 20 enter resembling the con-
tract and ordering tho bank 20 deliver the
ma 49, 81 4hE mine