Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-11
The Meaderville Mining Com
pany Wins a Fall.
BOSTON AND MONTANA
Given Permission to Inspect and Sur
vey Only Within Prescribed
Limits.

The hearing of the order to show cause
why the plaintiff in the action brought by
the Boston & Montana company against
the Meaderville Mining company should
not be granted legal permission to inspect
and survey the underground workings OF
the Ella lode claim, which belongs to the
latter company and is giving up some
good ore at present, took place in judge
Iindsay's court today.
In presenting the matter to the cour
Judge Dewitt, who with L. o.. Evans
represented the plaintiff, stated maj the
defendant had given the plaintiff permls-
sion to inspect the ground within a GER
tain district or plane, but the pialhtlI
desired to make the examination conn
plete.
G. S. Batterman, assistant superinten-
Dent of the company, gave testimony on
the proposition. He said the plaintlft was
working the Leonard and the Hattie Har-
vey south of it. The Ella shaft, he said,
was about 10 feet south OF the south
side-line of the Leonard. The object OIL
surveying the Ella ground was to ascer-
tain if the company operating that prop
erty was encroaching upon the ore bodies
owned by the Boston & Montana COM
pany.
Mr.. Batterman was cross-Questioned
with reference to the extent of the work.
ings in the Leonard ground. Asked if he
had a map of them he said he had.
Why did you not bring it into court?'
asked Mr.. Mediation.
Il did not consider it necessary" was
the reply.
Are there any veins in the Leonard
that have been opened up"'
UNLESS the court coNpels me to do so
/ will not answer that question:
Mr.. Mediation said the question was
proper: that the defendant company had
been charged With taking ore from the
Leonard and he desired to find out what
the property contained.
you may answer the question:" said
the court.
II do not know whether there are any
opened veins"
Il understood you to say some work.
ings extended into the Hattie Harvey"
No: l do not think I said that. l said
there was a drift east from the Leonard"
"What is the object of wanting to make
a survey of the Ella east of the east end
line of the Leonard?'
There are two or three reasons. One
is that it would be an easy matter for
the defendant to run east, then north and
then into Boston & Montana ground. An
oNAAS 10 ShA1NS AN AiN t1'NA oINN w SAAS
Veins in the Ella have not been deter
mined. and a third is the Boston & Mon
tana owns ground east and west of the
Ella
d you know of the existence of a
vein i'm the Ella ?"
No: l know nothing about the work.
irgs of the property, but I do know that
ore is being taken from the shaft
Mr.. Batterman further said his eXper-
ience in the camp had taught him that in
terVening claims, even to the number of
four or five, cut little figure in the mat
ter of encroachment.
Some other testimony was taken, but
1T was of little Importance, and after it
had been submitted the court gave the
plaintiff permission to survey and inspect
only that part of the property which the
defendant said it was willing the plain
tiff should survey and examine.
The services of Cornelius F. Kelly
We're called into reuuisition by James
Morehead today to st%raighten out a little
unpleasantness for which Mr.. Morehead
co}1 hn bod 70 hnl;nya hfo ,oo4l,-c