The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-01-29
GROUND In DISPUTE
The Deposition Of John Donovan of
Silver Star Filed.
IN THE OLD GLORY SUIT
A Short Session In Department II
The Case of O'Rourke VS.. Mary
Schultz Continued Until Feb.
3-Water Company Demurs.

The deposition of John Donovan, one
of the witnesses for the defense in the
case of Robert c. Burton against Louis
Des Rivieres and Joseph Hamelin, a
suit over the possession Of the rich gold
property known as the Old Glory, on
Moose creek, was filed in court yester-
day Donovan is a miner at work at
Silver Star, and testified that he had
been working for Mr.. Burton during
the summer of 1898, and they located
the ground in dispute between Moose
creek and Soap gulch in May of that
year, and called it the Reindeer. DON
ovan says he sunk discovery shaft
about four feet and found some quartz,
but he did not believe it was in place.
He staked off the claim. but put no
stakes at the corners. The discovery
shaft now claimed by Mr.. Burton, said
Donovan, is from $500 to 1000 feet from
the original discovery and the repre-
sentation work for 1895 was not done at
the latter place. Donovan said he also
located the Fawn for Mr.. Burton at the
same time and understood that he was
to have a half interest in both claims.
Subsequently Donovan pointed out the
two locations to Des Rivieres and Ham
elm. He further testified that Mr.. Bur-
ton had a bond on the Bolivar, Durham,
Copper Hill and Curtis lode claims, and
that he located the Reindeer and Fawn
in anticipation of striking IL rich in the
bonded properties, in which case the
two new locations would become valu-
able
On cross however, DON
ovan said Burton did not bond the four
claims mentioned until after the loca-
ton of the Reindeer and Fawn. He
nj lao -
had been employed by DOC" Farlin to
make locations for him. but instead of
doing as he was employed to do he
went in with Mr.. Burton and located
for themselves, and for that reason he
did not want his own name to appear
on the location notices. Farlin gave
him 5000 and Burton paid the expenses.
He said the location of the Reindeer
was worthless because they found no
lead or wall, yet he made IL anyway.
on answer to further questions he said
he was not present when Mr.. Burton
posted the location notices and after
wards said he posted them himself He
afterwards also located for Mr. Burton
the Black Campbell. Ranger and Moose
claims. in which he was also to have a
half interest, and a few days later no
made two locations, the Copper Queen
and Mountain View for Mr.. Farlin.
Donovan said he did some work on
the claims under the directions of one
James Cummings, who represented Mr.
Burton. Donovan said Mr.. Burton
seemed to think more of Cummings
than he did of him. but he denied that
there was any i'll feeling between Mr..
Burton and himself though he admit
ted they had some dispute. Donovan
was asked what compensation he was
to receive for testifying and he replied
that Des Rivieres had promised him
$500 and job IL he wanted IL, and that
Des Rivieres had advanced him $50 at
one time and smaller amounts at
other times for expenses. He considered
all the locations worthless at the time
they were made. but he said he had TO
do something for the man who was put
ting up the money.
Judge Mediation held a short session
OF court yesterday and continued the
case Of John O'Rourlxe against Mary
Schultz until Feb. g. \ venire of 20
names of jurors was issued yesterday
and made returnable Feb. for a new
trial jury.
The case of John Caplice & Co.
against Martin Maginnis and others
was ordered dismissed by stipulation.
The case of Marie A. De LaVillette
against Alfred De LaVillette. was also
dismissed as settled.
The Butte City Water company YES
terday filed a demurrer to the damage
suit brought by Carson and Davis. The
demurrer alleges the complaint in the
case does not state facts sufficient TO
constitute a cause of action. as II did
not appear that II was the duty of the
water company 10 keep the fire hy-
drants in repair.