The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-26
4 VICTORY FOR MORSE
A Verdict for the Plaintiff in the
Big Mining Case.
GIVEN BY JUDGE KNOWLES
He Took the Matter Out of the Hands
Of the Jury M Left Them Only
the Task of Determining the
Value OF the Ore.

After sitting for a month and a day
listening to the evidence in the mining
suit of L. Rollins Morse VS.. the Mon
tana Ore Purchasing company. the jury
yesterday afternoon found themselves
in the position of having their duties
eimplified by the instruction OF Judge
Knowles to render a verdict for the
plaintiff in the case. They were in
etructed to bring in with that verdict
an award of damages TO the plaintiff
according to their estimate OF the value
of ore taken from the Michae Dewitt
ground. but up to the hour of going to
press they had returned no verdict
whatever. Whether they are not dis
posed to accept the Instruction of the
Judge, or whether they are unable to
agree or the mount of damages, is a
matter purely of conjecture.
The tired jurymen. who had been
separated from their families and their
business a full month. tired lawyers,
the tired stenographers and the tired
expert mining engineers employed in
the case. had a brighter appearance at
the opening of court yesterday MORN
ing, for the long trial, one OF the most
important ever tried in Montana, was
drawing to its close. Judge Mediation
addressed the jury for the defense ana
was succeeded by Mr.. Vale. the lead
ing attorney for the defendants. who
made a brilliant and mastery address.
in spite Of the fact, II is said, he had
anticipated that the ruling OF the judge
would make his b vain. The closing
address was made by Mr.. Lindsay for
the plaintiffs. an address which was
logical and interesting throughout. and
which presented the salient features OF
the case in a most forcible way. Mr..
Lindsay closed his argument at 4
o'clock in the afternoon. Then came the
judges instructions, which created a
genuine sensation, although his re-
marks, as reported in the Standard, i'm
regard to Mr.. Marshall's motion of the
previous day, had given an inkling of
his intention. Naturally there was in
tense disappointment among the adj
herents of the defendant, who realized
that, in spite of their hard work for
long months. their case would not even
go to the jury, and there was corre-
spending joy in the ranks of the plain
THIS, who realized that their longed-for
victory was won without the agonizing
suspense OF awaiting a jury's verdict.
At 4:15 O'Clock the case went to the
Jury, and court took a recess until 8
O'Clock. At hat hour the jury was not
ready to report. and adjournment was
taken until 1880. Meanwhile the jury
men were taken to dinner. but they
had not agreed at 1880. Judge Knowles
thereupon adjourned court until 10
o'clock this morning. but intimated that
he would receive a verdict at any time
during the night that the jury might
find one.
During the trial the jury ave occu-
pied comfortable quarters at the Butte
hotel. but last night they nae to sit IL
out on the hard chairs OF the jury room.
They will be kept there until they
agree on a verdict. and II Is said that
the court will not permit of "A disagree
-. " 49,
the instructions of the court they can
be punished for contempt.
Judge Mediation made the second
speech for the defendants at the open
ing of yesterday mornings session. He
reviewed the figures given by Mr.. Mar
shall as TO the value of the ore taken
and said that the net value of the ore
taken was only 81 900 instead of $144.-
900. But the defendants. while admit
ting that the net value of the ore taken
was $17 900. do not admit that the ore
was the property of the plaintiffs at all.
Mr.. Mediation then ridiculed the idea
of the apex of the veins in question be-
ing on the Michael Dewitt surface. They
surely are in Rarus ground. The faults
he considerd merely cracks in the hang
ing wall country filled up with mud. II
is the duty of the jury to decide wheth-
er these veins constitute one lode or
are separate and distinct veins. Would
a miner. following an ore body. when
he came to a small clay seam, drop his
pick, blow out his light. and sit down
in a dream a would be incredible.
He would pick right through the mud
seam and probably never notice that
any such thing interviewed between him
and his road 10 fortune. The aim Of the
United States government is to reward
the discoveries. The pioneer who cuts
into the mountain. who endures the
hardship n bears the expense Of de-
velopment, deserves the reward Of the
earth's riches rather than the party
who cannot show a discovery shaft on
his claim and seeks to gain through the
courts the fruit of the pioneers hard
ship. IN makes Butte a great