Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-06-07
THE BIG MINING SUIT.
WILL NOT COME UP FOR TRIAL BE-
FORE NEXT NOVEMBER.

| WILL NOT COME UP FOR TRIAL BE-
FORE NEXT NOVEMBER.
The ~re-trial of the famous mining law
suit between the Boston & Montana COM
pany and the Montana Ore Purchasing
, which, when it was held the
first time in Butte, was remarkable for
the eminence of the counsel engaged and
the large number of famous mining ex-
perts who testified for the contendlng
sides, may not take place in Helena until
late in the fall. 1t has been thought OF
late that it would be called UP this sum-
mer, and recently there has been a SEEM
ing probability that the court would
reach it at an early date. The lawyers
appeared in Judge Knowles court Mon
day, however. and after discussing the
possibilities of taking it up soon, accom-
plished nothing and left it with the gen
eral understanding that it might not be
considered before the November term OF
cOulV began.
OF the proceedings the Helena indie
pendent says:
]. F.. Forhis of Butte. representing the
Boston & Montana company. a IN
court when Judge Knowles arrived from
Missoula and took up the consideration
of the calendar. Mr.. FOrbis began with
a. statement that Thomas Patterson Of
Denver had been engaged as counsel IN
the case, and that ha would not be ready
for the trial before July.
Il do not know how the counsel for
the Montana Ore Purchasing company
will feel now about the setting of the
CASE Mr.. Forbis added.
II had thought of setting it for the last
of July or the first of August" interrupt
ed Judge Knowles.
1--WE ask that it be set for w weeks
from today" suggested Judge John j.
Mediation of Butte, who appeared for
the Montana Ore Purchasing company.
I'VE do object to a later setting, espe-
cially the latter part of July or the first
of August. We have a case set for the
oath of July at present. 1t IS between
the same parties. There are some other
reasons why we could not take up the
case and try it at that time. We ask that
it be set for a time not later than three
weeks from today"
What is the other case?" asked Judge
Knowles.
1T is between the Butte & Boston and
the Montana Ore Purchasing company,
about a conflict between the Pennsylva-
mia and Rarus-Johnstown lodes. 1t might
be finished in less time, but it would not
be safe to count on completing it in less
ludu 1OuI WSohS. IouI III - wei
aware Of the time such cases may con-
sume.'
I'VE could not possibly try it two weeks
from today said Mr.. Forbis. Il will
not insist now upon the setting of the
case at this time. but l should object to
the time proposed"
Il shall o object to having the trial
in july" said Judge Knowles. II don't
expect to nave a vacation in July; l have
been unable to hold court continuously
for some time past, and l shall be here
then if desired"
THAT would not suit us very we'll" in
~terposed Judge Mediation. When the
case was transferred to Helena lit was
understood that we should at least have
the privilege of requesting the time when
it should be set. We do not care to as
sumo that we have that right to the in
convenience of the courts business, or
the very great inconvenience of the busi-
ness of the other parties. But it would
be very announcement for us to have it in
July. There are matters in connection
| with other counsel; they might not be
able to be here"
II should not like to set it for two
weeks from today" said Judge Knowles,
obviously.
Say three weeks from today sug-
gested Judge Mediation, persuasively.
THAT would
'Mr. PATTERSON VIII De engaged dill
through June" i~nterposed Mr.. Forbis.
He has just come into the case and he
! has just left Butte
"Would your honor pass it until next
N~ovember?' asked Judge Mediation.
I'VE can't try it in August" said Mr..
Forbis.
DO you gentlemen agree?" asked
Judge Knowles.
Under the circumstances Mr.. For
bis began.
w would rather let it go until No
vember if we can't begin in three weeks"
Judge Mediation added.
There was some talk that either Judge
Hawley or Judge Beatty would be here
and that the case would be set for June
90" said Judge Knowles. 'The last in
formation l had was that they had other
engagements. 1t looks as if we would
have to take care Of the business our.
selves. Let the case go over until No.
vember, if there is no objection"