The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-17


Mr.. Burton said he alone located the
Reindeer on May 10 and then Mr.. sta
pleton asked IL a affidavit signed by
Mr. Cummings had not been used by
Mr.. Burton in obtaining an injunction
against the defendants. Another OBJ
lection was made and Mr.. Stapleton
said he wanted to show that Mr.. Cum
mings had been guilty of perjury in
stating in his affidavit that he was
present at the location and that MT.
Burton was guilty OF subornation OF
perjury.
Il assure you that Mr.. Cummings
was not guilty of perjury. What he
stated was nothing but the facts, but
you don't seem to understand the
facts" said Mr.. Burton.
Mr.. Wines and Mr.. Forbis again ar
gued an objection to Mr.. Stapletons
methods of cross-examining the wit
ness and Mr.. Forbis asked the protec-
ton of the court for the witness. He
said that IL there were anything in
Cummings affidavit. as stated by Mr.
Stapleton. the time to attack II was
when Cummings was called to the wit
ness stand, and Cummings could not
be impeached by the testimony of
Mr. Burton. Mr.. Forbis said that with
Mr. Stapleton's well known reputation
for testifying before a jury he had
made statements that were intended
nifty against the witnesses for the
plaintiff by accusing them of perjury.
He said the gentleman's sense of pro-
priety, If not the rules of court, should
be sufficient to exclude the statements
of the attorney. The court sustained
the objection in part but said the wit
ness might answer as to whether the
Cummings affidavit had been used in
the injunction proceedings and If he
had knowledge of the contents of the
affidavit. Mr. Burton said the affida-
Wit had been used and that he had
knowledge of all of its contents except
an interlineation in writing. The wit
ness testified about the annual repre-
sentation work done on the Reindeer
and Mr.. Stapleton asked him IL il
were not fact that all the representa-
ton work was done in a night in last
November while there was no one else
around.
TT was not. The work was done in
1884,"
rs 1t not a fact that you took the
stakes on the ground in the night and
laid them down where they were
found?"
There is not a bit of fact about it,"
why did you not drive the stakes
in the ground?"
Mr.. Burton said the ground was
rocky and of hard formation, and
piled stones around it. He located the
Ranger, Buffalo Tunnel. Moose and
Fawn in the same way.
rs 1t not a fact that the location of
the Reindeer is far northeast of the
place where you now claim 1t is?"
1T was never at any other place than
it is now"
James Cummings, the next witness,
testified that he saw the discovery on
the Reindeer and helped to put up the
stakes. He did the representation
work on the claim in June and July,
1894, and worked 20 days in running a
cut about 80 feet long. On the 10th day
of December of last year he went back
to represent the ground for 1895 and
found the defendants there. He went
to Melrose and notified Mr.. Benton by
telegraph.
us it not a fact that you did not
strike a pick in the ground there in
1S94?" asked Mr.. Stapleton on cross
examination.
about. 1 did the work in June and
July"
rs is not a fact that the work was
done in a night-November, 1882"
1T is not a fact"
Mr.. Cummings explained his affidavit
in the injunction proceeding by say
ing that he had assisted in making the
iOSdllOh ny pdlNih6 up lliC S1dtAtos
which were put UP on the 4th or 5th of
June, the dates were wrong in the aft
davit which, he said, was not his mis-
take but that of the man who prepared
the affidavit and in the rush of mat
tiers 1t was overlooked. Mr.. Stapleton,
in his blunt way, asked Mr.. Cummings
If he did not lie in the affidavit
II did not lie in that affidavit" said
the witness with some emphasis.
Attorney Charles Mattison took the
witness stand and said he drew the
Cummings affidavit and said he had
only few minutes in which to get up
the affidavits to be used in the injunc
ton and Mr.. Cummings signed the
typewriter portion and Mr.. Mattison
asked him If there was anything he
wished to add and Mr.. Cummings said
he could add to ii that he had assist
ed in making the location. Mr.. Matti-
son thought he meant the first location
on May Is, and so inserted that date,
but some time later, when Mr.. Matti-
son started to look up the testimony he
discovered that the date was wrong
and that Cummings had only assisted
in putting up the claims.
Mr.. Cummings was recalled and
asked by Mr.. Stapleton what interest
he had in the suit.
None whatever"
us there not a deed in trust for you
and some others for an interest in this
property"
Not that i know Of"
Have you not been promised some
shares of stock in a company TO be
formed?"
II have not"
You have no interest whatever in
this case?"
II worked for Mr., Burton and got
my pay for IL. / am not a partner of
his and have no interest in his bust
ness. l expect to be paid for my time
for going down when the survey was
made. but that is all"
David Clements, an assayer, testified
as to some Reindeer assays he made.
one of which ran lis ounces in silver.
E. j. Moffett testified that ne accom-
panied Mr.. Burton, Caldwell. Boardman
and Mcdonald to the ground I'm dispute