The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-06
UNDER AMUSEMENT
Suit Of The Government vs. George T
Marsh and henry Cannon.
APPLICATION FOR PATENT
Defendants Charged With Fraud
and Collusion-I he Land In
volved Before the
United States Court.

! a demurrer TO an important suit
! brought by the federal government
against George T.. Marsh of Butte and
+ Henry Cannon Of Helena, to set aside
placer patent, was argued yesterday
I afternoon before Judge Knowles in the
United states court. and taken under
/ advisemcnt The land involved i'm the
case IS tndt on which The Parrot smell
ter ana the old athletic park are Iocat-
ed. and the government charges that
the patent was obtained by fraud. on
proofs contained in false anidavits and
by collision. Marsh and Cannon made
their first application for a patent on
July is, 1881, but nothing was ever done
with that application, and in 1852
Enoch Johns entered into 2 contract
with the Northern Pacific to settle on
the ground as agricultural land, and
in 1856 he secured a deed from the rail-
road company. Johns had fenced i'm
thc ground, built a house on il and
made other improvements. on June IS.
1885. Cannon and Marsh renewed their
applicat ton for a placer patent and
Johns entered n protest.
After a hearing the receiver of the
Helena land office decided the ground
was mineral and dismissed the protest
Johns appealed to the commissioner Of
the land office, and the receivers de-
cieion was reserved and the case sent
back for supplementary hearing.
fufther proofs were presented and the
mineral claimants introduced II aida
WIS 60 prove their good faith i'm locat-
ing the ground as placer and to provo
the mineral character of the land They
also had evidence to show that S1.575
worth Of work had been done on the
ground, and a deputy mineral land sur
NgLnT rapprfa1 chat Ia 4
done and consisted Of shafts. bitches.
etc, and that some OF the work was
covered by the Parrot smelter. In be- |
heir Of Johns. - aWdev Wits were intro |
duccd to prove that the alleged shafts |
were old prospect Eol -s made years be- |
Fore b. former lOcators of the ground |
as agricultural land and that tho devcl- |
opmsot work under the smclter was |
done by the Parrot company for a fouu- |
dalton for the building. TWO men whose /
q iiidaEits had been presented to prove /
representation work done testified that !
they mad never done the work claimed |
8 ni had made no such .nidavits asI
soon as tho evidence had been heard tn
receiver again decided in favor Of the
placer claimants. and as soon as tho de-
oif.cn was announced a patent was is
sued on Feb. IS, 1899, without giving
Johns notice or time 10 make a further
appeal. The government charged that
tilf i'tlFilN lldu lEt'll prepared IN Htl-
vance and was issued under the direct |
supervision Of Commissioner Stone ana
apparently In collision with the de
PENDANTS. The patent was not trans
mitted through the usual channels of
tho land Office, but was sent direct TO
the defendants
When the irregularity of the proceed
lncS became known a demand was
made on the defendants FOR the return |
Of the patent for cancellation. which
was refused and the government |
brought tho suit. The demurrer to the
action was based on the claim that the
allegations of the complaint did not |
show fraud. but a possible mistake.
There was an honest difference between
-he contestants. which was passed on
~ the land ofico and by that depart |
ncnt finally adjudicatcd. John +. For
bis appeared for the patentces and Dis
rict Attorney Leslie for the govern
ncnt
A bill OF exceptions was signed and
Flowed in the mortgage foreclosure of
he Massachusetts Loan & Trust com
'any against the Oregon Short Line
ma Utah Northern and an appeal was |
AIKEN to the United States circuit court
VI appeals.
Judge Knowles ordered a grand Jury
IraWn and a venire for p names was |
ssued and made rcturnable Monday at
o'clock.
The demurrer to the amended COM
'lalnt in the case Of T. T.. Cong ION ,
gainst the Massachusetts Loan &
rust company was argued yesterday
mo- GverIUlJd. The defendant was
1Ncn 20 days 70 answer. 9
on motion OF District Attorney Les
e, the case against \. T. Bray was ,
ismissed. Mr. Bray has been under :
Indictment during several terms of
curt for failing 20 stamp and brand
very parcel or olcOmargariuc h. sold |
lr. Leslie, in asking to nave the case
ismissed, said he had made an cxam!-
alton into the case and found that Mr. |
Tray was only technically guilty. as il
as only a clerk who had neglected |
p put on the stamp and he did not be- ! !
eve anything would bee gained 10y at :
'mptinG To prosecute Mr.. Stray ON such :
trivial case. Judge Knowles ordered
d. charge against Mr. Bray dismissed a
nd his bonds cNOnCratod. &
The damage suit of McAndrews p
-sinst the Oregon Short Line was set "
'r trial on the nth O
Judge Devote and Guy ". STAPLE | :,
m were admitted to practice yester- :
ly.
McKialcv LOSING 'otnd o. OHIO. 4