The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-30
COST A PRETTY PENNY
The Expense to Each Side Was
About $4,000.
AS TO THE HUNG JURY
II May Be Very Dinicuit to Get Anothe
Jury IL. q Big Mining Case If
Tried in Butte-Mr. Mar
shalrs Conclusions.

1t is said that the cost of rying the
mining case of +. Rollins Morse Va. the
Montana Ore Purchasing company was
not less than $50. 900 on each side. The
pfYicial charges were comparatively
erifing. The jurymen received 81 each
DER day to listen to lawyers who were
paid slo0 per day for talking to them.
The total Of the cost of the jurors was
pniy a little more than $500, and the
hotel bills and other expenses brought
abe total up TO not more than $500.
But the court expenses were only a
minimum proportion of the total cost
of the suit. Each party To the case
had four lawyers, whose wages ranged
from SIS per day To 500 per day. be-
sides retainers. Then there were ex-
perts. who received all the way from
SO to SIS per day for all the time they
were away from home. besides eN-
penses and retaining fees. Thu models
cost a few dollars as well as the plans
and maps. and the time of the men
employed to prepare them. Then
greater perhaps than all was the cost
IF development work in the mines.
Each party to the suit had to do ex-
ploration work for cou purposes.
This cost a great deal and helped to
swell the total of expense. Thirty
thousand dollars a side is a modest
figure for the total cost of the trial.
There are a dozen other big mining
eases now on r.,s tapis r. the serious
question at present is whether IL Will
ever be possible to get another jury In
Butte. The experience Of the jury
which was released on Mpnady IL SUI
sicient to deter any other jury from
EVER being secured To try a mining
suit in Silver Bow county. One Of the
Jurors in the case just closed said yes
ferday:
You can set one thing down as GER
ain. and that is that SO long as Butte
may last. you will never again get one
of these IL men To serve on a jury
The models, plans and maps. which
cut such a figure i'm the great suit. We're
yesterday taken out of the scourt room
by the parties To the contest. IL is said
that these models, maps and plans
were so made that they can be used in
the Pennsylvania mine cases. which are
next to come up. In the Pennsylvania
dispute there is the same fault In evil
dence which cut ice in the Michael
Dewitt case. and there is the same dis
pute over the zone theory, although the
details of the dispute viii, of course, oe
vastly different.
II is not known when these Pennsyl-
wanna cases will come up for trial. The
parties are ready for IL. but at the end
of this week the United States court
will move over to Helena and the case
will not get TO trial before next Sep
femDtl anu perhaps not lof "a year
from now. There are "A dozen other
cases which are patiently awaiting
their chance for trial. and other suits
are to be filed within "A few days.
There Is litigation enough on hand to
keep Butte closed up FOR years. Aspen.
Colo. was so closed from 1888 Ia 1887
that the strike of a pick was not heard
I'm that time. Butte may have to be
closed for a few years until the legal
status of Butte's mining claims Is
finally determined.
Louis Marshall. one of the attorneys
for the plaintiff. left FOR his home in
New York last night. Before taking
the train. Mr.. Marshall said to "A stand
ard reporter:
The result of my trip has been in
the main extremely satisfactory.
While the jury failed To render "A ver-
dict on the subject of damages. the all
important questions of law and fact
have been established i'm our favor. I'm
such UNREASONABLE form. that | can
not but feel confident. The court has
held. first. that the Rarus fas no extra
lateral rights: second. that the Johns
town has no extra lateral rights eX-
tending into the Michael Dewitt: third.
that the broad Tone theory can affect
no Judgement in this amp; fourth hat
the Michae Dewitt has an apex which
controls the ore bodies i'm controversy
NTH. that the ore for which we sued.
IS ours, and that we are entitled To re-
cover therefor. All that I can say
about the jury is that il is for them tn
explain their d in the face of the
sworn admission in the answer and i'm
fhe testimony of the Montana Ore Pur-
chasing company that the ore. which
the court adjudged TO be ours. was
worth to exceed S21, 600"