The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-19

he had done the representation work
on the Reindeer.
Carl Christensen testified that he was
at Divide for about 10 days just pre-
ceding July 20, and saw Cum
mings during that time two or three
times a day. The witness said the
distance from Divide to the Reindeer
and Old Glory lodes was between six
and seven miles. Cummings told him
he was doing nothing, but was quietly
lying around.
Lucus Labreshire testified that he
had claims in the vicinity of the claims
involved in the suit and had prospect
ed all around that section of the coun-
try. He said he had located the
Charles Harvey parallel with the Old
Glory between Aug. 10 and rs. 1895, and
at that time there was no trace of work
done on the ground. In December he
was on the ground again and saw some
men at work there. He never noticed
any cut on the ground claimed by Bur-
ton as the Reindeer until December.
1895. On cross-examination the witness
contradicted nearly all other witnesses
for the defense by saying that he ran
seven or eight cuts himself in that VI
cinity during July, August and Sep
TENDER.
Oscar Ivy testified that in August.
1898, he was over the ground in contro-
versy and saw the ground in contro-
NtiSy anu diSO saw TIE lOCdllOn Ol Inc
Reindeer claim there. 1t was the only
one in that vicinity at that time. He
saw the discovery shaft where the de-
PENDANTS claimed IL was and saw Bur-
toms name signed to the notice. He
saw a number of other location but
could not remember the names.
How does II happen that you can
recall the name of the Reindeer which
you saw only casually about two years
ago" asked Mr.. Forbis on cross-exami-
nation.
Il don't know. but just remember IT;
i can't recall the names of the locators
of the others and don't remember any
thing about them, but remember this
one. l recall the name of the lode. the
month in which IL was located the
name of the locator and the exact sit
uation of that claim, and that they
claimed $50 feet in each direction from
their discovery shaft, and that the
Reindeer notice claimed that the Fawn
claim was adjoining it, and / knew
that the stake which Is here in court is
not the stake which saw there on the
claim when l was there in 1893 The
stake / saw was a dry piece of pole
without any bark on IT, but / can't tell
why l remember these things and for
get all about the particulars of the To-
cation of those other claims there. /
have never seen the notice of the Rein
deer location since"
Silven Black testified that he saw the
Reindeer and Fawn on June 6, 1898, and
the location notice had the name of
Robert c. Burton on It, The discovery
shaft of the Reindeer was a hole three
feet deep and about two and one-half
feet wide and a few feet long.
There was a space of at least one
claim between those two. Black said
he was not at all friendly with Mr..
Burton, as they had some trouble and
did not like him. Mr.. Des Rivieres
brought me all the way from California
to be a witness for him in this case,
but he did not pay me a cent except
my expenses and that is all 1 expect to
get" said Black.
e. NJ. French, who has been in Mon
tana "a years, testified that he saw the
Reindeer locatior in August, 1893, and
1t was then where the defense claims
IL was located and not on the Old Glory
ground. Mr. French remembered very
little about any location in that vicin-
ity except the Reindeer and he knew
all about that
Lee McCauley was also dead sure
about the location of the original Rein
deer. He read the notice but he
couldn't make out the full capacity
of it," He saw the man Donovan at
work 1,515 feet from Des Rivieres' Old
Glory.
What was there peculiar about the
spot where you saw Donovan at work
that enables you to recall il now and
identify 1t positively as the spot where
you saw him and where you saw the
location notice posted after such a
lapse of time and you not having any
apparent reason to remember it?"
asked Mr.. Wines.
Nothing peculiar about II at all
nothing peculiar at ALL whatever. but
1 have memory enough to remember
w II CO
there being anything peculiar about
It," was the answer.
When the question was repeated TO
the witness and he was urged to tell
how he could remember this positively
he suddenly recalled that one time
when he was riding across the country
he had seen a rattlesnake right at the
discovery shaft and ii was under the
rocks down in the hole there and he
had got off his horse and killed it; that
was what fixed IL in his memory rs
that rattlesnake episode the only thing
that fixes the facts regarding this loca-
ton in your mind?" asked Mr. Wines
Yes. sir; that's all; that's the only
thing that fixes IL in my mind"
Does not Des Rivieres live at your
house and with your family?"
II don't know. for l don't live at
home much myself
Louis Des Rivieres, one of the de-
PENDANTS, was then called and intro
duced the location notices of the Old
Glory and Old Glory No 2 claims
which he had located in July, 1895. TAX
ing in about all of the ground which
Burton now claimed. He had pros
pected around in that locality in June
some time before making the discovery
of these claims and he and his part
ner had dug the hole near the north
side line of Old Glory claim which Bur
ton now claims as his discovery shaft
and they had placed notice of loca-
ton Of a temporary claim there, which
was afterwards abandoned when the
two principal claims were located. He
said that he did not know when he
made the locations, whether Burton's
Reindeer covered a part Of the ground
or not and he said he did not know
yet whether IL did. He denied that
he told Mr. Caldwell in Melrose In