The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-02-25
BUTTE NEWS.
UNITED STATES COURT
The Big Mining Suit Comes Up
Before Judge Knowles.
MANY MINING EXPERTS
a Great Array OF Legal Talent Employed
in the Case-The Hottest Trial
Seen for Years Is Now
Beginning.

One of the several big mining suits
which have been pending in the United
States court reached the stage of being
brought TO trial yesterday morning and
from all indications il will be one OF the
most stubbornly contested legal battles
that has ever been fought out in court
in Butte 1t was the case i'm which +.
Rollins Morse, the chairman Of the re-
organization committee of the old Butte
& Boston Mining company, the pre1e-
cessor of the present company by that
name sues the NJ. o. =. company foi
$4,000 for having, as il is alleged by
the plaintiff, extracted ore from the
Michael Dewitt lode claim, which ad-
Joins the Rarus claim on the south at
the east end. In the case is involved
the old contention regarding the right
of the owner of a mining claim to follow
a vein which finds its apex on the prop
erty and the termination of this case
viii have an important bearing on an
other suit for much larger amount
which is also pending against the Nj. Q.
+. Co. In the latter the =. & NJ. COM
pany sues the Nj. o. +. company for
$500 600 for extracting ore from beneath
the surface of the Pennsylvania claim.
The contention of the defendants is the
same in each instance, that the NJ. o. z.
company has the right to follow the vein
because it has its apex on the defend
ants property. while the plaintiffs con-
tend that the NJ. O. p. company has no
extra lateral rights because OF the
geological nature of the ground involved,
the plaintiffs holding that more than
one vein exists in both cases; lhe de-
PENDANTS maintaining in each case that
but one vein exists and that 1t has its
apex on defendants property. To ue-
termne the question, both parties to the
present suit as well as the one which
is to follow, have gone TO immense ex-
pense in developing the claims The out
come of this suit will be watched with
great interest by mining men and tire
legal fraternity alike.
At the opening of court yesterday
morning Judge Knowles continued a
damage suit which had been set for
trial at that time and called up the
mining suit Then began to assemble
a great array of legal talent. For the
plaintiff there were ]. i. Forbis of
Butte. Louis Marshall of the firm Of
Marshall, Guggenheimer a Untermeyer
of New York. Judge Robert II. Lindsey
of Nevada, who is accounted great
mining lawyer, and Judge w. II. De-
Witt of Butte.
The defendant was represented by
Judge J. ]. Mediation and Frank II.
Corbett of Butte, Governor X. b. Smith
of Helena and Joel II. Vale of Denver,
another noted mining lawyer. l.. Aug
ust Heinze. Arthur +. Heinze and Man
ager John Maginnis sat by their attor
neys and frequently offered suggestions
in the proceedings which followed.
In the case will also appear great
number of mining experts employed by
both sides to give expert testimony rel
alive to geological formations Both
sides have employed a number of de-
tectives to gather information, and
there is every indication that the hot
test trial seen here in years is on.
The first matter to engage the atten-
ton of the court was the selection of a
stenographer to take the testimony
Judge Knowles stated that the govern
ment does not provide for a stenog-
rapher in United States courts. and
that the parties to the suit would have
to decide upon one IL the proceedings
were reported. Each side had Ste
nographer in court but Judge Knowles
thought ii would be best 10 select one
as the official reporter. and gave the
attorneys until O'Clock TO settle the
point among themselves.
Twelve talesmen were then called and
the selection of a jury commenced. The
IL were: j. X Heslet, A. Ducharme, r,
Hancock. F. l.. Grandy, Malcolm ellis
A. NJ. Day. +. Chaser. Joseph Chap
leau Theodore Hennessy, b. Il. Dixon
Robert erik and W. w. Adams.
Quite a number of the talesmen Were
excused because of being connected
with one or the other OF the parties to
the suit and their places filled. only e
be excused for one reason or another
Attorneys Forbis ana Mediation con-
Quoted the examination of the iurymer
and were searching in their questions
The life of each man was sCrutinizec
from his birth to the present time. theii
business associations, their knowledge
of mining. whether they had any prejn-
dices with regard To lateral rights-ir
fact, every conceivable question was
asked. the answer to which might have
a bearing on the juyman's feelings
and ability TO try the case impartiaIls
IL was O'Clock in the afternoon be
fore the jury was passed for cause am
peremptory challenging commenced
Each side exhausted its three chal
ienges, and at o'clock the panel Of 3
talesmen ran out and the court on