The Neihart herald. [volume] (Neihart, Mont.) 1890-1901, 1899-11-18
AN IMPORTANT
DECISION.
Step in the Course of
Litigation Over Valuable
Mining Ground at Neihart.
The Largest Mining Suit Ever Dock
eted in Cascade County.

ION In favor of Preston. This Is one
step in the closing of the greatest
piece of mining litigation ever con
Quoted in Cascade county.
This action was commenced by
the Florence Mining company, in
the name of A. M. Henry, suing F..
A. Preston for one-tenth of a mort
gage of $4,000. This mortgage and
another of $4,000 were placed up
on the claims of the Monarch group
by w. j. Clark, former owner, and
Preston's deed to ohe-tenth of the
property was made subject to the
mortgages. Clark first entered suit
on the $4,000 mortgage to close
Preston out. The Florence Mining
company purchased Clark's interest
in the mine, and thus became actual
plaintiff. The district court decided
this case against Preston, by giving
the plaintiff a verdict of 5000
Judge Leslie, however, granted a
motion by the defendant for new
trial, and the plaintiff, evidently
fearing the result of second hear
ing, appealed to the supreme court
on the question of new trial That
case now lies in the supreme court,
where it will probably be heard the
coming winter or spring,
The company laterly entered the
second suit against Preston on the
$4,000 mortgage, the points of law
and evidence being essentially the
same in both cases. Judge Leslie
has just rendered his decision in fav-
or of defendant as above stated.
This virtually settles both suits, so
far as the district court is concerned.
During the course of these cases,
the Florence company has stead
fastly refused to confer with Preston
in any steps to effect settlement,
although the latter has often signi-
fed his willingness to settle out of
court. The company has continued
to mine and extract ores out of the
contested ground, and to pay divi-
dends with the proceeds. They Sc
cured good legal counsel to prose
cute the cases, Fl. G.. Mcintyre of
Helena appearing in the two suits.
Meanwhile, Preston obtained
survey of their underground work.
ings, and discovered that the two
main tunnels of the Florence had
crossed bis side line for a distance of
over 300 feet, and that much ore had
been stopped from the ground in
which he is interested. He immedi-
ately entered suit for $4,000 as his
share of ores extracted to date by
the company, and got permission
from the court to make an upraise
from the company's upper tunnel to
the surface to ascertain the location
of the apex. The point selected for
the raise is past the Florence side
line, a considerable distance on
Preston's ground.
In this suit for damages, being
the third of the series, the company
retained lawyers VIM. Wallace of
Helena and Fletcher Maddox of
Great Falls. Preston has through
out retained the services of A. G..
Gormley of Great Falls, who has
managed his law suits with excellent
ability.
The upraise was commenced Sept.
20, and is already up about a hun
dred feet, over one-third of the dis
tance to the surface. During the
entire distance, the vein has made
over Preston's way at least 10 feet
to the hundred, and there remains no
doubt that he will find the apex on
his own ground.
1t has developed that the best ore
bodies of the Florence mine are in
the contested ground, and decision
of these cases will involve the pay
ment of The largest sum ever han.
died in Cascade county mining
case, as the Florence has already
paid about s250,000 in dividends
and its richness has only been
scratched on the surface. Vast
quantities of ore are blocked out,
ready to be extracted and converted
into money. Preston feels highly
elated over the recent decision of
Judge Leslie, and is no longer con-
cerned over a settlement.