The Anaconda standard., 1898-12-06
THE BANK STOCK CASE
Testimony to Be Taken Before
Special Examiner Blair.
THE PROCEEDINGS BEGUN
Erwin Davis Socks TO Obtain the Stock
Now Held by A. J. Davis-An
Answer Filed to Ladds
Complaint.

The bank stock case. in which testi-
mony Is to be taken before Special Ex-
aminer Blair Of the United States cir
cult court. was opened yesterday. In
this Erwin Davis seeks to obtain the
stock now held by A. ]. Davis of the
First National bank. w. w. Dixon and
Forbis & Forbis appear for A. J. Davis
and Norton Chase of New York and c.
p. Drennen Of Butte appear for Erwin
Davis. w. s. Logan OF New York is
also counsel for plaintiff. No testimony
was taken yesterday. The attorneys
spent the day in consultation over GER
tain stipulations. II finally being
| agreed to take the depositions of wit
nesses in other cases which bear more
| or less relation to the one at issue. Ad-
journment was taken to IL o'clock to-
| day.
A couple of months ago work on the
Cora mine was suspended pursuant to
an action in court by w. ]. Ladd of the
| Silver Queen mine. who complained
that the Heinzes. who were working the
Cora, had extended their operations
| over into the Silver Queen, and de-
manded $4,000 damages for ore ex-
| tracted.
Yesterday in the United States court
| the Heinzes filed an answer to Ladds
complaint. In the first place. they re-
quire that Ladd prove his residence to
be i'm Massachusetts,. The defendants
believe and allege that said complain
ant Is not the owner in possession or
| entitled to the possession of the prem
ises described. and that an undivided
| eight-ninths of said premises which is
claimed by the complaint is now and
was at the time of the commencement
of this action the property of Frank
Klepetko and the Il. & NJ. company. and
| that any pretended title or claim of
| title which Ladd has to the premises
was conveyed to him fraudulently and
| for the purpose of attempting to give
Jurisdiction to this court The Defend
ants jointly and severally deny that the
| complainant is now or ever was the
| owner of an undivided eight-ninths in
| terest in or OF any interest in or en-
| titled to the possession of the Silver
Queen lode claim described in the bill of
| complaint. They also aver that Kle-
| petko and the h. g. NJ. are now and at
| all the times mentioned in the bill OF
| complaint were the owners in posses
| sion and entitled to the possession of
the interest claimed by the complainant
in the Silver Queen lode claim.
The defendants deny that they
wrongfully entered into or upon the
Silver Queen lode by underground
| workings or in any other manner, and
deny that they have extracted large or
any quantities of ores of the value of
s12, 900. or that they extracted any ores
from the mine belonging thereto. They
also deny that the ground Is OF the
value of more than $4,000 or that the
ores which it is alleged these defend
I /, N throat aninR n pf n
value in excess of $1,000.
| The defendants do say, however, that
they entered within the lines of the Sill
yer Queen and beneath the surface of
the same, but not wrongfully and un-
lawfully and did extract from within
| said lines certain ores. believing then in
good faith. as they do now. that they
were the owners OF all such ores and
had a right to extract the same, and
that the same belonged to and were
| taken from a vein having its top or apex
| within the Cora lode, and they allege
that none of the ores which they ex-
| tracted from within the lines OF the
silver Queen lode belonged to the
same or to the complainant but were
the property of these defendants and
that they had a right to extract them.
They also make the allegation that
there is a vein which passes on its
strike through the said Cora lode the
with the side lines thereof. and departs
through the end lines of the claim and
that the vein so far departs from a per-
pendicular I'm its downward course as
to pass beyond the vertical south side
line of the Cora lode ana to enter ,he
Silver Queen beneath the surface and
that Il was upon this vein that the
entry of these defendants made made,
and that the ore which these defend
ants extracted from within said lines
was extracted from said vein. and that
this was the only ore extracted by them.
They aver that the value of the ore is
but $3.50
F. A. Heinze and A. p. Heinze yes
terday filed their answer to the petit
tion of the Boston & Montana for re-
moval of their suit from the state court
into the United States circuit. court.
They deny that there is in the suit a
controversy which is between citizens
of different states. They also set up
that they are residence of this state.
The allegations of the b. & NJ. are de-
MED in toto.
In the matter Of the b. & NJ. Consoli-
dated Mining company VS.. j. +. Forbis,
executor of the will of w. j. McNa-
mara. deceased; John Mcnamara, Brid-
get Mcnamara, ID. W. Connole, Cath
crime Sullivan, p. n. Sullivan. Joseph
Connole. j. A. Lewis, +. Il. Smith, Old
Colony Trust company and the b., A. a.
p. railroad, F. A. Heinze, administrator
of the estate of James Larkin. de-
ceased, and Clara Larkin moves TO take
from the files the joint and several an
swers OF the y. & Il. company and j.
F.. Forbis to the amended and substi-
tuted cross bill, for the reason and upon
the ground that the answer Is not
signed by either OF the parties whose
answer il purports TO be. In the same
case. under different head, Mr..
Heinze moves 20 take from the files the
answer of the Old Colony company 10
the amended cross bill. on the grounds
and for the reasons that the answer is
not signed by the old Colony company
and also that II appears from the an