The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-17
OVER THE OLD GLORY
The Contest in the Rich Moose Greek
Mine Case.
ROBERT BURTON'S CLAIMS
IL Is a Valuable Piece of Ground
and Eminent Counsel Repre-
sents Both Sides-Taken
Under Amusement.

rich gold mine on Moose creek which
has been worked by Louis DesRivieres
and Joseph Hamelin since July of last
year under the names of Old Glory and
Old Glory No. 2, came to trial before a
jury in Judge Speer's court yesterday
on the suit brought against DesRivieres
and Hamelin by Robert c. Burton for
possession, Mr.. Burton claiming to
have located the ground in May, 1898,
as the Reindeer, and that he represent
ed 1t every year and held undisputed
possession of II until II was jumped by
the defendants. The value of the ground
was evidenced by the array of counsel
on either side. Mr.. Burton was repre-
sented by John F. Forbis, ]. l.. Wines,
Charles Mattison and w. ]. Naughten,
and the defendants by G. w. Stapleton,
Guy Stapleton, j. S. Shropshire and l..
j. Hamilton. Mr.. Burton asks for $780,
900 as the value of the ore taken from
the property by the defendants. After
the trial had started, Judge Stapleton
asked the court to relax the rule as to
the number of witnesses and asked per-
mission to call at least ten on one
point On the objection of Mr.. Forbis,
the court refused to change the rule so
late in the case, saying 1t would be
manifestly unfair to the other side, who
came into court with a limited number
o witnesses.
NJ. L. Mcdonald, an engineer, was
the first witness called. He had made
a map of the different locations in con-
troversy. The witness first went on the
ground in connection with the suit Dec
Is, 1895. He was accompanied by Mr.
Burton and several others, and they
found the corners of the Reindeer loca-
ton. At three corners the posts were
readily found with the name of the
claim written on them. They had the
appearance of having been written for
a long time. The defendant, Hamelin,
accompanied them until they reached
the discovery shaft, and he then left
the defendant Some Of the corner
posts were lying down, but the descrip-
ton on them could be easily read. They
could not find the southwest corner as
the ground there was covered with
snow. The work done by the defend
ants on the Old Glory and Old Glory
No. 2 was within the boundary lines of
the Reindeer, as found by the witness
The witness said he found some devel-
opment work on the claim and a dis
covery shaft, and considered the
amount of work done to have been sufti-
cient for representation.
What, if any, interest have you in
the result of this suit?" asked Mr.. Sta
pleton.
Nothing whatever"
Were you not to have a certain num-
Der of shares in a company to be form
ed by Mr.. Burton?"
II didn't know that any company was
to be formed"
Mr.. Mcdonald said he had no interest
in the suit, and all he got out of it was
his salary for making the surveys and
maps.
r. G. Burton was next called to the
witness stand and said he was a native
born American citizen. He was famil-
lar with the Copper Hill range and
was there in April, 1898. and on the
18th of May, 1898, he located the Rein
deer lode claim. He mad lived in
Chicken gulch about three weeks prior
to that time and had prospected the
hill and had made the discovery of the
Reindeer some time before he put up
the notice. He took a number of assays
out of the discovery shaft, and the
boundaries of the claim were marked
on the 18th of May, and posts put up
at the discovery shaft ana at each cor
ner. He was not familiar with the
points of the compass and got the direc-
tions north and south when it should
have been east and west. Mr.. Burton
was working another property in the
neighborhood at the time and had also
made other locations, one of them be-
ingthe Fawn, which was made on the
same date as the Reindeer. The dis
covery on the Cotter consisted of an
open cut. In 1894 he sent a man out to
do the representation work, which con-
sisted of continuing the cut. He consid-
cred the work worth ruIly 500. The
first he knew that Des Riveries and his
partners were working on his ground
was on the 10th or 18th of last Deem
Der, when he sent some men out from
Jefferson county to do the representa-
49,
they discovered the defendants at work
and he was notified by telegram of the
fact. On Dec. 18th he went out with
Mr. Mcdonald and several other men
and found his ground had been worked
by the defendants. He went to Mr.
Hamelin and asked him to go along,
and said he would show MIN the boun-
daries of the Reindeer. Hamelin ac-
companied the party until they found
one corner of the claim and the discov-
cry shaft and then he left them. al
though Mr.. Burton asked him to re-
main until all the stakes had been
shown him. Mr.. Burton first visited
the claim alone on the 18th, after he
had heard that the defendants were
working it, and then came back to
Butte and returned with the surveyor.
on cross-examination, Mr.. Stapleton
asked the witness who put up the mon
ey for the purposes of the suit, and IL
he had not decided interests in the prop
erty to various parties. The court sus-
tanned an objection to the first ques-
ton and overruled an objection TO the
latter because Mr. Stapleton said he
wanted 10 show that every witness for
the plaintiff had an interest in the suit
but he failed to do II. as Mr.. Burton
said the only person who had been
decided an interest was Silas +. King
Didn't Mr.. Murray put up the mon
ey?" asked Mr.. Stapleton.
Indeed he did not"
us it not probable that the money
Mr.. King put up was Mr.. Murray 5
money!"
Il know nothing about the probable
tiles" said Mr.. Burton.
Mr. Stapleton asked several more
questions as to who might have ad-
vanced money or had interests In the
property in controversy, and Mr.. Wines
entered a vigorous objection TO the
Of afrfaak he