The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-03-06
In COURT ONCE MORE
An Old Condemnation Case With
Many Defendants.
THE N. P. RAILROAD IS IN 1T
In Selecting a Jury Many Men De-
clared They We're PreJu-
diced - Valuable as
Mineral Ground.

The old condemnation case of the
Northern Pacific and Montana rail-
way companies against James A. Muir
ray, George III. Casey and w. f. Cob
ban, was put on its second trial before
jury in Judge McHatton's court yes
terday morning, Judge Cullen of Hell
ena appearing as counsel for the rail-
roads and John w. Cotter for the de-
PENDANTS. The suit originally was
against j. w. Forbis and a score of
other defendants and was brought for
the purpose of condemning ground for
the Northern Pacific depot grounds,
yards, etc.
The suit was instituted on Jan. 20,
1889, while Judge Dewolfe was on the
bench and the usual proceedings in
condemnation were had. A number Of
the defendants accepted the awards of
the commissioners and many others APP
pealed but most of them subsequently
settled with the railroad. Mr.. Murray
alone refused to settle. The ground
owned by him was the Railroad lode
claim. a triangular piece of ground
running east and west through the
piece sought to be condemned by the
railroad company and comprising
about seven acres, of which the rail-
road took about an acre and half,
which took up the entire width of the
eastern end of the claim.
Mr.. Murray claimed that the portion
taken was the only available part on
which shaft could be sunk for the
purpose of mining the property and
that the award of several thousand
dollars allowed him by the appraisers
did not compensate him for the dam
ages sustained. At the trial of his APP
peal in June. 1892, the jury awarded
him $4,000, but he was not satisfied with
the amount and asked for a new trial,
which was denied him and he took an
appeal to the supreme court where he
won his point. and in July Of last year
the case was sent back for a new trial.
Casey and Cobban acquired interest in
the property after the first suit had
been instituted. There is at present in
the hands of the clerk of the courts
$1,000 which had been paid into court
by the railroad on the original award
by the commissioners and awaits the
final determination of the suit.
In the selection of a Jury yesterday
morning several men were encountered
who had a natural prejudice against
railroad companies and said they could
not try the case fairly and impartially
on that account. d. Salld said his
prejudice was so strong that IL would
interfere with his judgment but that
hC haQ SOOu ItdcOnS lOE his
John Meek said he had a general pre-
JUDGE against railroads and thought
they should be operated by the govern
ment George Brown had the same
kind of feeling against all corporations
and railroads and the Northern Pacific
in particular. He also thought the gov
eminent should control the railroads.
John Il. Sattes said he had no bias or
prejudice against railroads so long as
they let him alone.
In his opening statement to the jury,
Mr.. Cotter said the testimony for the
appellants would show that the rail-
road companies took the best portion |
OF the claim and the part most suit |
able for sinking a shaft and the own |
ers would be compelled to go from 500 |
to 600 feet west in order to sink a shaft |
and would then have to work east to |
the vein which lay under the depot |
grounds. He claimed that considerable |
development work had been done on /
the ground at the time IL was appropri- |
ated by the railroad and that a good /
vein had been shown up. He said the
particular piece OF ground taken was |
worth at least $4,000 for mining pur-
poses.
Judge Cullen told the jury that the
question TO be determined was simply /
the value OF the surface ground on
Jan. 90. 1889, and that IL did not matter
how valuable the ground had since be-
come by reason of the growth of 1.-The
great city of Butte" He said that the /
building of the depots had enhanced
the value OF the property instead Of
damaging IL, and claimed that the
ground was valuable only for town lot |
purposes and was intended as such by /
the original locator who plated il. and |
that not a hat full of valuable ore had
ever been taken out of the ground.
John Gillie was the first witness and
testified as to a map he had made of /
the ground. +. II. Irvine. Thomas
Moffett and George Casey testified re-
garding the mineral character OF the
ground and its value for mining pur-
poses. and Mr.. Casey and W. F. Cob
ban also testified as to the value OF the
ground for town lots. The appellants
testimony had not all been introduced
when court adjourned for the day- The