The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-15

had a great deal of the substance and
| THE tests show the average per cent
| of all and not the actual per cent of
each. But they run pretty equally"
said Mr.. King.
The witness said that for a general
comparison of all the samples the tests
were accurate.
| The second redirect examination
| opened, and Mr.. Patterson asked the
| witness if loss by ignition in the tests
he had had made should be allowed for
| Mr. Hughes, in the method of computa-
| ton he had just described, had allowed
such loss should not be allowed for I'M
| der the method that had been used.
| j. H. Vivian took the stand and testi-
| fed that he knew Mr. Couch, former
general manager of the Boston & Mon
tana Mining company, and said that
Mr.. Couch is in Europe to the best of
his knowledge and belief.
Under cross-questioning by Mr..
Hughes he said that he would know if
Mr.. Couch was in Butte.
All you know is that you have not
seen him in Butte since he went away.
is it not?" said Mr.. Hughes.
Yes. sir said the witness.
l.. 0. Evans a member of the de-
PENDANTS counsel, took the stand and
enumerated the suits brought by the
Boston & Montana company against
the Montana Ore Purchasing company
in both the state and federal courts,
and described the restraining orders
and injunctions issued and the ground
affected by them. giving the dates the
suits were filed and the periods the in
functions and orders were in force. The
evidence was to show that the defend
ant in this case claims the ore bodies in
issue. Under the cross-examination Of
Mr.. Cotter. of counsel for the plain
tiff, the witness said that the ground
in this suit has been under injunction
all the time since March 9. 1897. except
two periods of seven days and two days
| each and one period of a few hours.
| After this Mr.. Scallon. of the de-
| fenadant's counsel. offered in evidence
| the records of deeds relating to the
| Johnstown claim recorded in the deed
| books of Silver Bow county. An I'M
| Outstanding was had between the re-
| spective counsel and the court that the
| plaintiffs counsel should have till Mon
day at l O'Clock to examine the records
to determine if they would object 20
their Introduction.
After this Mr. Scallon offered in evil
dence number of records OF deeds of
the Pennsylvania claim and other in
struments relating to such deeds, also
certified copies of the land office rec
ords in which are recorded the original
Pennsylvania location notice, the APP
plication for the Pennsylvania patent
and the proof of the posting of the To-
| cation notice. Mr.. Scallon said that the
papers were offered in evidence in or
der to trace the Pennsylvania title.
Judge McHatton, of counsel for the
| plaintiff. stated that he objected to the
| land office certified copies of the vari-
| Gus papers named being put in evil
| dence and said that he should like
| time to examine the other papers and
| the right to object to them after the
| examination If he saw fit. He stated
| his objection to the first at length and
at the conclusion of his statement the
| court sustained the objection and
granted the time asked for the exami-
nation of the other papers. Mr.. Seal
| Ion took an objection to the first part
| of the ruling.
| Then Mr.. Patterson rose and moved
to strike out that part of the testimony
| of Mr.. Trerise, a, plaintiffs witness, re-
| lating to certain map Mr.. Trerise
| testified that the map had been made
by him and left with the defendant.
| Witness for the defendant testified that
| they had charge of, or were employed
| in, the =. defendants office where it's
maps are kept and had searched for
and not found the map In question.
| Mr.. Patterson's motion was made on
| the latter testimony. Judge McHat-
ton opposed the motion. saying that
! the failure of the defendants witnesses
| to find the map was the best of reas-
on for the retention Of Mr.. Trerse's
Testimony. Judge Clancy overruled the
motion to strike out.
| The court adjourned to 9 o'clock Mon
day morning, while awaiting the ap
| pearance of a witness for the defend
| ant.