The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-06-23
GAVE A SEALED VERDICT
Jury Returns . Finding in the
Batterman Case.
OUT NEARLY SIX HOURS
Batterman Occupied tho Witness Stand
During the Day for Further
Cross-Examinetion-No New
Facts Elected.

The trial Of the suit Of the Montana
Ore Purchasing company against c. s.
Batterman and the b. & NJ.
to recover possession of some valuable
survey notes Of the plaintiffs mines.
made by Batterman, was concluded in
the jury brought in a sealed verdict
at IL o'clock last night. after having
been out nearly six hours. The YER
dict will be opened this morning.
When the trial was resumed yester-
day morning Mr.. Batterman was again
on the witness stand for further cross
examination, but his testimony added
little of Importance to that he gave
the preceding day.
John Gilhe followed Batterman on the
witness stand, and testified that he was
now in the employ of the Anaconda
company under a salary. In 1896, he
said, Batterman had an ONCE Of his
own, and was doing a general survey
Ing business. Gilie said that where
an engineer runs an ONCE OF his own
he owns all notes and drawing he
makes in the course of his work. Where
an engineer is in the employ exclusive
ly of one company, n he uses It's Of
flee. the notes belong to the company.
Gillie said he had survey notes Of near
ly all the big mines around Butte. On
cross-examlnation the witness said that
it was necessary for a company to have
and preserve its survey notes. or II
could not conduct its mining operations
intelligently, and hat while a custom
rye retained his own notes. the
survey notes Of a company belonged
to itself. The witness did not know
employed by the Montana Ore Purchas-
ing company by the month or not. He
also said that he never charged for ma
terial in doing custom work, and he
did not think any other custom survey
or did. 1t was shown that the N. o.
p. company paid Batterman's expenses,
and the cost Of the material he used.
the evidence being introduced to show
that he was not doing a general survey
ing business, but that he was regularly
employed at a monthly salary by the
company. In doing custom work, en-
gineers charge by the day, n not by
the month. Batterman received a
monthly salary of $500 from the M. o. p.
company.
Attorney L. o. Evans. who tried the
case of c. r.. Davis against the M. o.
2. company in a justice court. contra
dicted the testimony of young Pass
more, and said Batterman did not say
that the. survey notes were In the pos
session of the b. & NJ. company, but on
the contrary. said that he had them.
George Moulthrop testified that sur
vey notes made in custom work be-
longed to the engineer. Moulthrop
thought that even where an engineer
Is exclusively employed by a person or
company. the notes belonged to him un-
less there is an agreement to the con-
trary. The witness is in h employ
of the Colorado company, and has an
agreement with hat company that the
notes and records belong to that COM
pany. He had never been exclusively
employed by any other company In
Butte. and he admitted. on cross-exam-
that the agreement he had with
the Colorado company did not establish
the general rule in Butte. He thought
1t would be professional suicide" for
engineer doing a custom business
to give up his notes, al he frequently
had to refer to them for the purpose of
proving his work. The witness made
statement that he and other engi-
neers, when they made blue prints or
and drawings. charged clients for
the maps and made a separate charge
for the D on which the drawings
or nap were made.
r. W.. Blackboard. ex-city engineer,
also testified that 1t was the custom for
general engineers to retain their sur
vey notes, but where an engineer was
employed exclusively by one company
the notes and records belonged to the
Several other engineers testified to
the same effect. Mr.. Robinson. a
in the employ OF the Bos-
ton and Montana and Butte and Bos-
testified that he made maps Of the
Rarus mine from notes of a survey TAX
end by c. r. Davis. under an order of
the court, but he never used Batter
mans detail maps, made while he was
In the employ of the NJ. o. p. com
.any. The witness later admitted that
used Batterman's notes Ito check
up" his own work, and that he saw the
notes frequently. Robinson received
notes from Batterman for safekeep-
ing, and they were put In a vault to
which other clerks and officers Of the
had free access.
so. then. for the benefit Of the Bos-
n Montana company, you did
use Mr.. Batterman's notes?' said Mr..
Corbett, on cross-examination.
Il made very slight use of the notes."
the witness.
c. r. Davis, another engineer in the
OF the Boston and Montana
company, testified hat prior to the
close Of 1897 he was employed By Bat
In the latter's ONCE. and that
Batterman was doing a general engi-
neering business. When Batterman
left the employ of the NJ. O.. p. company |
the business, and after he had done
so he turned the maps over to the
NJ. o. p. company, and gave the notes
IN RaffermaD Davis said he made !