The Anaconda standard., 1898-02-26
IT IS A HOT OLD FIGHT
Beginning of the Battle Between
the Mining Companies.
HEAVY WEIGHTS ENGAGED
A Few Samples Given of What They
Will Do When They Get Warmed
Up-A Strong Line of First
and Second Reserves.

fair beginning was made yesterday
| in the great battle, or rather in the series
| of battles, now pending between the
Butte &c Boston and the Boston & Mon
| tana companies on one hand and the
| Montana Ore Purchasing company on
the other, and which promise to surpass
anything in the way of legal conflict yet
| happening in Butte. In the first of these
| battles, that of +. Rollins Morse VS. the
NJ. o. p company. the jury was COM
| pleted and the taking of the testimony
began yesterday, and from all indica-
tions the suit is likely to continue for
| month or six weeks. 1t is certain that
| it is going to be a hot old trial and the
contestants are not fairly at it yet. They
have scarcely got their feathers ruff1ed
as yet, but in few days more they will
be in the thick of a fight to finish and
perhaps farther.
The plaintiff began the attack as soon
as the jury had been completed in the
morning, sending to the front Judge r.
ii. Lindsay of Nevada, who made the
opening address. In the afternoon John
f. ForbiS was sent in by the plaintiff
while Judge John j. Mediation of Butte
opposed him by putting obstacles in his
way in the shape of various objections
So far. however. everything was good
natured, and once Judge Mediation,
after reciting list of objections as long
as your arm, caused much merriment by
the dry remark:
Il could enumerate more objections,
but l think these are sufficient for the
present"
When the examination of witnesses
was fairly begun, Judge Mediation
stepped back out Of the arena to get
his second wind, and Frank E. Corbett
came smilingly to the front and con-
tinued the battle for the afternoon,
while John f. Forbis continued to do
the heavy work for the plaintiff. Only
once Were the first reserves ordered up
and then for a moment it looked like
general engagement. 1t was in dis
cussion as to the competency of testi-
mony offered by the plaintiff through
John Gillie as to the value of the ore
alleged to have been extracted by the
defendant from the plaintiffs ground.
Judge Mediation objected and was an
swered by Mr.. Forbis. Then Mr. Cor
bett reinforced the defendants skirmish
line by enlarging on Judge McHattons
argument.
At this point the plaintiff brought to
the front its first reserves in the shape
of the distinguished lawyer from New
York, Louis Marshall Mr.. Marshall is
clear and forcible speaker, and while
he made no unusual effort on this occa-
sion he demonstrated that he has great
powers held in reserve and when he gets
his heavy artillery into action, look out
for him. His entrance into the arena
compelled the defendants also to order
up their first reserves in the form of the
celebrated mining lawyer, Joel H V ale
of Denver. Mr.. Vale only gave a little
sample of what he could do, but the
sample assays high, and he gave the i'm
preston that he will be able to stand
off Mr.. Marshall the New York heavy
weight.
Neither side ordered up it's second re-
serves yet. Judge w. H. De Witt of the
plaintiffs forces and Governor r. B.
Smith of the defendants guards were
held back in leash until such time as
the conflict promises to become general
What would strike a spectator as
very curious in yesterdays proceedings
was the development of the fact that
the Michael Dewitt claim, which sold
for $6O1, 900 a few weeks ago, was scarce
ly considered at one time worthy of as
sessment work. The heirs of H. C.
Bodley lost their sixth interest in the
claim because they did not consider the
mine worth paying 1888, their share
of the assessment work for two years.
But stranger yet is the fact which ap-
peared in yesterdays evidence that a
foxy old schemer like Gen. Charles S.
Warren should have sold his sixth in
terest for paltry sum like So 500.
During the day, the plaintiff laid out
its case. presented evidence to prove its
nVe-slxths ownership in the Michael
Dewitt, that ore had been taken from
this mine through No. / shaft of the
Rarus mine Of the M. o. p company,
which adjons the Michael Dewitt on the
north, and to prove the probable value of
the ore alleged to have been taken.
The United States court room was
crowded to suffocation and hereafter,
owing to the smallness of the room, the
seats will all be reserved for the wit
nesSeS and lawyers.
One juror remained to be selected
when court convened yesterday morn
ing. e. w. Hill, a groceryman, was
first examined as to his qualifications,
and proved acceptable to both sides.
This leaves the jury as subjoined:
Frank CHASER, J. H. Gilbert A. Du-
charme, Theodore Hennessy. Michael
Jette, E. w. Hill, F. L. Grandy, J. l..
FAINT, John Eakins, w. D. Fenner.
James Mcdonald and n. Jubnville A
majority of the jurors are following
other occupations than mining.
w. d. Fenner endeavored to be re-
lieved of duty on account of business.
but the attorneys would not consent.
The action begun, maps of the Rarus
and Michael Dewitt claims We're tackled
on the wall and models of the workings.
etc, We're unpacked. Judge r. H. Lind
say of Nevada then made the opening