Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-08-15
The J0hnSt0Wn- P Pennsylvania
Vein Controversy.
DEALING WITH DEEDS
Attempt Of the Defense to Shut Out
Documentary Evidence Fails
New Attorney.

The Observation-Disclosures vein con-
Nroversy, the various phases of which
are now being heard by Judge Clancy sit
ting as a court of equity, was resumed
this morning. The case being one of
more than ordinary interest, involving
as it does title to a vein of ore having it's
apex within the limits of one claim and
it's body diverging into ground owned by
another in it's downward course, quite a
lumber of persons exclusive Of attorneys
and witnesses Were in the room when the
session opened. Suits of this nature with
the same point involved have often been
tried in courts of the United States, and
their result is we'll known to that class of
attorneys and mining men who keep
track of the legal status of such cases,
but nevertheless there are others who are
not familiar with the details and multi
plic.ty Of contentious, and for this reason
the spectators department Of the large
room is being literally patronized.
At the opening Of today's session Chas.
J. Hughes, a noted mine attorney of Col
orado, a gentleman whose profession has
enabled him to follow, in a legal sense,
the dip of more than one vein from the
grass roots within the lines Of one claim
to the interior of another, was added to
the corps of legal representatives fer the
plaintiff.
Attorney Mediation opened the pro-
ceedings with an explanation of the ex-
tent of the title held by the Montana Ore
Purchasing company owe the Johnstown
and Rarus lode claims. He said the Rar-
us was located October >, 1878, and early
in 1879 the Johnstown had been located.
The Lines of the latter conf1icted with
those of the former, taking in the side
lines to the west and north. The Rarus
being the prior location, it's l~ocators
owned the surface Of all that portion of
the claim covered by the Johnstown. In
1888 a compromise between the contend
ing factions was effected. Later another
dispute arose between them. Now they
not only grant, bargain and convey all of
their right to the Johnstown, but also
quit-claim it," said he. eff the Rarus
owners ever had any rights these rights
have certainly not been taken away by
the grant of the Johnstown owners. The
court Will also remember that they owned
the Pennsylvania claim. The deed to the
Rarus not only conveyed title to the Rar-
us, but gave its owners certain rights in
connection with the Johnstown lode. Are
we entitled to the Rarus? We shall offer
a chain of conVeyances to prove our title
to the Rarus and that portion of it al
leged to have been in conflict with the
Johnstown.''
Attorney Patterson responded for the
other side. He said he would return to
the beginning of the proposition. 1t GOV.
cred a vast area of territory. The attor-
ney attacked the legality of the deed tc
the Rarus, maintaining hat it was am
biguous.
All of the deeds n te
the Rarus and J~ohnstown claims were of.
fered in evidence by the plaintiffs. Eacf
one met with an objection, but the cour1
Overruled it. In making the objections
the defense CAV reasons.
Judge Henry c.. Smith Of Helena, wht
occupied the bench in department No.
of the district court in this city during
the absence of Judge Lindsay a few
weeks ago, has rendered a decision in tn,
case of Robert j. Lewis against Howard
Paschal. Lewis sued Paschal to recove
Judgment on a promissary note for 500
executed by Paschal in another stat,
several years ago. A motion for judg
ment on the pleadings was argued befor,
Judge Smith, and at it's conclusion tn,
judge took the matter under Amusement
AS Paschal had given a mortgage or
some land elsewhere to secure the note i
was claimed by the defense that an &C
ton in the courts of this district coul(
not be maintained. The Judges decision
is to the effect that the action can b,
maintained, and his decision is in accord
ance with it. Under his ruling Levi!
will get the 500 and compound interes
ON it from 1892.
Katie Bush. the young woman tina
gave Mrs. Josephine Hogarth a bath il
some sort of acid in Justice Nichols cour