The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-18
MORE OF OLD GLORY
Interesting Accounts Of the Working
of the Mine.
MYSTERIOUS NIGHT SHITF
In the Morning the Men Would No
tice That the Cut Had Grown
Larger During the Pre-
ceeding Darkness.
MYSTERIOUS NIGHT SHITF

case, in which Robert c. Burton IS
plaintiff and Louis Des Rivieres and
Joseph Hamelin defendants. was re-
sumed in Judge Speer's court yester-
day morning. The court overruled the
objection to the Introduction OF a GER
titled record of the location of the
Reindeer by Mr.. Burton and Mr.. For
bis read the notice TO the jury II
showed the location of the claim on
May Is. 1893.
Joseph Henworth, the first witness of
the day, testified that he had 40 years
| experience as a miner. He had been
shown the development work done on
the Reindeer and said the work fully
| represented the necessary amount OF
labor. The cut was about four and a
hair feet deep In very hard picking
ground. There were two cuts. one Of
| them 81 feet long. and Mr.. Henworth
| gave II as his opinion that IL took one
| man 30 days to do the work in IL. That
was the work the defense claims was
done by Burton in one night while Des
| Rivieres and Hamelin were not look
| ing. Judge Stapleton tried hard TO
break Henworth's testimony on cross
examination but the witness stuck to
his statement
suit?" ''''
None. whatever"
won by Mr.. Burton you are to have an
interest in the property"
mo. sir"
Are you not to have some stock in
company that is to ne formed?'
NO. sir: l know nothing about it."
What did you get for going down
there and examining the work?''
Il got nothing except that he said he
would pay my fare. / was not working
at that time"
NJ. L. Mcdonald. the engineer. was
recalled to testify as to the distance
between the Reindeer and Moose creek.
after which Mr. Forbis announced the
close of the plaintiffs case.
j. S. Shropshire made the openinr
statement to the jury for the defense
ana outlined one of the boldest de-
lenses ever heard in a court. In brief
ne promised to prove by the testimony
or witnesses that Mr. Burton deliber-
ately set about to steal a valuable and
developed mining claim, jumped the
property at night. did the representa-
ton work at night. posted the stakes
In the darkness and the defendants
were not aware that lot of develop
ment work had been done on their rich
gold property until Mr.. Burton turned
up with lot of witnesses and claimed
the property as his own. Mr.. Shrop-
shire related a story about several
trenchmen and a crab and promised to ,
make the plaintiffs wish they had |
crawled out of the case backward be- |
FORE they got in as far as they did. He |
MADE the broad and startling state |
ment that they would prove against |
Mr.. Burton ''one of the most outrage |
Gus attempts to steal a valuable min
ing claim ever known in this or any
other camp" He declared Mr. Burton
had never in his life made a location
OF the ground in dispute and no stakes
were put up until last December and
burton was never seen on the ground
until he concocted the scheme 10 steal
the property. The alleged DEVELOPMENT
and representation work, said Mr..
shropshire, was made clandestinely at
Nighttime between Nov. Is and Nov. 20
of last year and not in 1894 at all.
The attorney said it would be shown |
that the workmen on the Old Glory, |
on going to work in the morning. saw |
fresh dirt on the bank of the cut. II |
would not be denied. said he, that |
there was not a pretended location /
called the Reindeer. but IL was 1,S00 /
feet from the ground now claimed and |
was made by a man named Donovan,
a partner of Mr.. Burton, and the lat
van will testify, said Mr.. Shropshire,
that he sunk the discovery on the
Reindeer and put up the location no.
tice. Mr.. Cummings, who claims to /
have done the representation work in
1894. has been traced during the month
OF June. when he said he did the work,
and IT would be proved, said Mr..
that he could not have
done a days work up to the 10Th day
OF July. The evidence would also show
that Mr.. Burton testified falsely when
he said he had not been on the ground
In 1895 until December, for witnesses
would testify that they saw him there
his presence there secret. He deliber-
ately went to work to manufacture a
case to steal the property and has
succeeded in manufacturing what he
has.
T. T. Baker. the surveyor. was the
frst witness for the defense and testi-
fed concerning a map he had made of
the ground In dispute and the adjoin-
Ing claims and surrounding country.
The map showed two Reindeer loca-
tons, one according 10 the claims of
Mr.. Burton and the other according to
he ideas of the defense.
Mr.. Gray of Melrose testified that he
was familiar with the ground in dis
Dute. few days ago he was on the
ground and saw the cut made on the
Reindeer. He was on the ground in
August OF September OF last year and
)rospected in the same vicinity. At
hat time there had been no work done
here He and his partner did the first
work that had been done on that
,ruund. A week ago Monday he first
loticed that some one had done addi-
ional work in the cut they had made
While prospecting. Gray said II would ,
AXE one man two or three weeks to
Zig the cut that is there now and II he
lad done the work he would consider .
{ worth about SIS. he was sure thare
vas no such cut there when he pros
,ected there last August.
on cross-examination by Mr. Forbis
he witness said the first time he had
zen on the ground I'm question was
ast August and he remained there
My about six hours. and then he did
Iot go back again until a week ago
fonday His entire acquaintance with
hat part of the country consisted Of I
he six hours stay there. lie did not
make a very thorough examination OF
b r,rnIInd ~ Nat ilrnn