The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-10-21

ed out at the trial. I do not think that
the evidence shows that there h a preju-
dice In this community against either OF
these parties. but i am not exactly con-
vinced that there are not parties here
who expect IL obey have an opportunity
to influence any jury that might be
impaneled in the case.
There are other matters that / do not
know that the court Is Allowed TO take
judicial notice of or not, but for a
number of years the trials OF important
mining cases In this county have not
been satisfactory. I think Judge Nc
Hatton has had some experience In that
matter himself. What are the infiu-
ences at work are only surmised. h
truth is that In all of these cases set
down for trial the expenses would not
be very much greater II tried In Helena
han IL tried In Butte. Many mining
cases have been tried AVA from the
scene where the contest existed; the
Eureka case was tried in San Francisco
and IL vas a Nevada case. The court
has the power to send away from Butte
for a jury and can direct that II be
drawn from any quarter of the state.
but the court In confronted with this
fact. that IL is a great hardship upon
Jurors TO 90 away from their own u
ty to N OF the counties where he fed
eral court is held to sit as Jurors. Their
pay is not sufficient to meet their ex-
penses. The pay Is only 81 a day and
there is hardly any jury that can come
to Butte or Helena and stop at a first
class hotel for 81 a day. The result has
been that the practice has grown up
that a jury Is drawn from the county
where the court is held. II Is so in CAL
Hornia: they draw their trial Jurors
from either the county OF San Fran
cisco or the county in which Los An
geles is situated. n is done because
of the hardship to Jurors. I feel that
the court should at times take matters
somewhat into his own hands. whore
he Is informed that matters in court are
not to be properly conducted. and I
order that the case that has been
set down for trial. not all OF them, be
transferred to Helena for trial. believ-
ing hat the end of Justice will be pro-
NOTED. The defendants hav been
granted by the plaintiff the privilege of
fixing the date Of trial. I wish to say In
to these other cases that I will
not transfer them. II there Is no differ
ence in the trial at Helena. there will
be NJ necessity for changing the others.
and really I do not think there is any
necessity Of changing but one of the
others.
Il would say here that there has been
said about this town and
on account Of mistrials. The
fact is that in man. mining cases trial
by jury all W. this Pacific coast has
been a sort OF public scandal. and II
was actually so bad in Nevada that IL
interfered with the selling of mines and
would not buy n mine in Ne
vada in which there could be any pos
sible dispute. m when some OF them
came here when I was practicing law
insisted hat the case should be
as an equity case instead of a law
case, because they did not wish to trust
a jury.
I'VE might as well take these matters
up n face them; I am a lawyer like
rave been for 40 years. You all know
the talk has beer here about
juries. In these mining cases. but I
would not like to say anything because
L might be published. But the courts
nave got TO do something to try to stem
tide. The federal court is more in
and can take the RESPONSE
bility in the matter.
1T is ordered that this case be trans
to Helena, the balance of the
cases to remain In allegiance"
Yesterday afternoon the trial OF the
case of the Butte a Boston against the
Montana ore Purchasing company for
the ground on which IL dumps the Stag
and tailings from its smelters was re-
c. s. Batterman was placed
the stand for the plaintiff. He said
that the cost OF removing the Stag
would depend largely on the place TO
which Il was removed. To load II would
cost about 30 cents a cubic yard and IL
probably cost Is cents per cubic
yard more. The tailings could be loaded
for about 6 cents per cubic yard and
the minimum cost for moving IL would
be about 30 cents per cubic yard. He
had made no estimate OF the quantity
OF taiiings and Stag on the dump. On
cross-examination Mr.. Batterman was
asked II he had any prejudice or feel
ing against the Montana Ore Purchas-
ing company or Mr.. Heinze.
II don't love them very much" said
Mr.. Batterman.
Mr.. Batterman said he did not think
MIR. Heinze and Mr.. McGinniss. officers
Of the company. had treated him as
should.
william Il. Thompson. a real estate
in Butte. said he had examined
ground near Meaderville on which
the Montana ore Purchasing company
is dumping it's Stag and tailings. MIR.
Thompson and others testified as to the
value OF the land and the case was con-
tinued until his morning.