The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-08-17
EXPERT ON THE STAND
In the Trial Of the Pennsylvania
Mining Case.
INTEREST is INCREASING
A Sharp Cross Examination Is Expected
To-Day From Ex-Governor Patter-
son of Colorado-Yester-
days Testimony.

| yesterday. The first expert witness was
put on the stand by the plaintiff yester-
| day afternoon and interest in the trial
may be expected to increase to-day,
when the witness will be put through a
| cross-examination by eX-Goveror Pat
terson Of Colorado.
Potter, the draughtsman, was on the
| witness stand again yesterday morn
ing when the trial of the case was re-
sumed. He further explained the lines
and colors on the big map made by
him. He stated, on cross-eXamina alton
by Mr.. Patterson, that the map was
in part a tracing from large map in
the office of the Montana Ore Purchas-
ing company and known as the court
| map. The latter was made and is
used for the purposes of litigation only.
Some of the workings of the Noun
tain View mine. Smelter and sullivan
claims shown on the court map were
not put on the tracing or copy. The
latter was made entirely from data
| furnished the witness, and he said he
did not know anything about the cor
rectness of such data. The witness ex-
planned that the different levels APP
| reared upon the map in different col
..
| if the levels of the Rarus mine CORE
| sponded with those of the Mountain
View on the west, and the witness said
they did not. On account of the diff
| ference in elevation the Mountain View
| 500 correspondent nearly with the 600 of
| the Rarus. The witness did not know
what the exact difference in elevation
| was, and James Macfarlane, chief min
! ing engineer and witness for the plain
| tiff company, handed to Judge McHat-
| ton a book of survey notes giving the
| data as to elevation.
Gould you tell the exact elevation
| if you saw the notes of it?'' asked Mr..
| Mediation of the witness.
Yes, SIR
The attorney started to hand the
book to the witness and Macfarlane
sprang after him.
Here, here" he exclaimed, those
are my private notes"
The attorney and Macfarlane had
few words of explanation which led
Mr.. Patterson to observe that Council
lor Mediation and Councillor Macfar-
lane did not seem to agree.
Il think Wen be able to settle this
| matter to our own satisfaction and
| without assistance" replied Judge Nc
Hatton.
Il have no doubt that you will be
able to settle many things to your own
satisfaction" said Mr.. Patterson, but
| l suggest that COUNSEL should settle their
differences out of court"
II shouldn't think that counsel for
defendant would be SO deeply con-
| cerned in our differences" replied Nc
Hatton.
But l admit that l am concerned"
said Patterson, and then the eXamna-
ton of the witness was proceeded with,
but had not proceeded far before Mr..
Patterson felt called upon to request
Mr.. Macfarlane to get out of the way.
The engineer had taken a position at
the side and little in front of the at
torney who was conducting the ex-
animation of the witness and was very
much interested in the proceedings
Mr. Macfarlane, please step back
and out of the way" said Mr.. Patter-
son. Il have no objection to counsel
standing around me, but l don't think
witnesses should do so, and Mr.. Mac
farlane has a way of getting between
me and the witness on the stand
Il believe you have recognized Mr..
Macfarlane as counsel" suggested
Judge Mediation referring to previous
tilt with Mr.. Patterson.
Yes, but he is only sub-counsel;
not leading counsel, although he Is for
ward"
Mr.. Macfarlane took a seat in the
back part of the court room and the
characterization of the witness on
the stand was once more resumed and
soon concluded. Mr.. Potter said the
big map was drawn to a scale of 90
feet to one inch. On redirect examina-
ton the witness said that the maps
were in large part made from survey
notes made by c. S. Baterman while
in the employ of the Montana Ore Pur-
chasing company, Mr.. Batterman now
being chief engineer and assistant SUI
perintendent of the Boston & Montana
company.
Were these the notes recovered from
Mr.. Batterman in a suit in this court?"
asked Mr.. Mediation.
Mr.. Patterson made an objection to
the question.
Better let them get it in said At
torney Forbis;, they are bound to get
it in anyway"
We are not particularly anxious to
get it in," said Mr.. Mediation.
You have tried it several times and
have finally succeeded"
The question was allowed to go and
the witness said the notes he referred
to were the same that Mr.. Batterman
had been sued for.
James Macfarlane, the well-known
mining and civil engineer, was then
called to the witness stand. He testi-
fed that he had lived in Butte about
Is years. For seven years, from 1856
to 1898, he was chief engineer for the
time he has been engaged in a general
mining engineering business and has
examined mines in Montana, Califor-
mia, British Columbia Idaho and Utah.
He said he was familiar with the work
ings of the mines involved in the pres
ent suit and had examined the work
ings of the Mountain View, Rarus,
Jamestown, Pennsylvania, Michael Dew
lit, Smelter and sullivan lodes. Mr..
Macfarlane said that when he took
charge of the Montana Ore Purchas-
ing company's surveys two years ago
the only available notes were copies of
Mr., Battermans notes and map made
therefrom. The witness checked over
the notes and found them accurate and
reliable, but the original notes We're
afterwards recovered from Mr.. Batter
man. Mr.. Macfarlane said he had not
been regularly employed by the Mon
tana Ore Purchasing company since
the 1st of June. and was now employed
by them only as witness in the pres
ent and other suits The witness said
the model in ho