The Anaconda standard., 1899-12-12
THE BIG MINING
CASE Is BEGUN
Selecting a Jury for the Trial OF the
Suit Of E. Rollins Morse VS..
the M O. P
Special Dispatch to the Standard.

Special Dispatch to the Standard.
Helena, Dec. 1.-THE entire day in the
United States court was devoted to get-l
ting jury that Is to hear the trial of tnel
case of E. Rollins Morse against thel
Montana Ore Purchasing company, th6i
same case that was tried two years ago
in Butte, resulting in a mis-trial Court
adjourned this afternoon without both
sides having exhausted all of their per-
emptory challenges. but with the likeli-
hood of a jury being secured by noon to-
morrow that the taking of testimony
can begin in the afternoon.
In all 90 prospective jurors were exam
ined OF these seven were excused for
cause, either because they had bias, werN
not taxpayers or for some of the other
reasons that made them ineligible Each
side had exhausted two of its peremp-5
tory challenges and u men were in thet
box at adjournment. AS each side hass
one peremptory challenge left. and wilt
probably exercise it, two more suitabla5
men will have to be secured.
There remains but one more name orIs
the panel, 80 that proceedings will prob-s
ably be delayed tomorrow while an extra
panel is being summoned. AS the jury
stands tonight the persons in the box, all
but two of whom will probably constitute
the jury. are: J. j. Mayre, j. N. Kenck.
T. II. Emery, W. r. McComas. E. G. Per-
ret, G. Z. Wickes. w. A. Clessman, w. G.
Bailey Walter Passevant, F. 8. Lang,
Herman Cans, John Bower, all of whom,
with the exception of Kenck reside in
Helena
Several of them representative citi-
zens The examination of the talesmen
was long and searching. Each was ask
ed many questions touching his qualifica-
ton, William Wallace and T. j. Walsh
doing the questioning for the plaintiff and
W. e. Cullen for the defense. Exceptions
were frequently noted to the proceedings,
even while examining jurors. showing
that both sides are not overlooking any
thing, The array of lawyers might be-
termed imposing. 1t was noted that all
of the counsel are Montanans. while
in the previous case there Were some Of
other states
The attorneys present to-day were:
Forbis and Evans, William Scallon, Will
liam Wallace. jr, Fl. G. McIntire w F.
Sanders and T. ]. Walsh for the plaintiff,
and j. j. Mediation. f. e. Corbett, ]. w.
Cotter. Cullen. Day and Cullen, r. b..
Smith, A. P. Heinze and f. d. Weed for
the defense. /
The court room was crowded and judg-
ing from the interest displayed in the
case by the general public from the start.
it will be about the biggest thing in Hell
ena this winter.
The report of Receiver Harris of the
mining property involved in the case ofi
the Butte & Boston against John Forbis.
which was presented to the court to-dayl
for consideration, went over until Dec.
26 upon representa- ton of counsel for FL
A. Heinze. the intervefor in the case, wha
has objections to offer to the report
The vacancy that has existed in the pos
sition of referee in bankruptcy in the
Fourth district, Great Falls, was filled by,
Judge Knowles to-day appointing Clar-]
ence Boardman of that city, formerly a
lieutenant in A company of the 1st Nom
tana.