The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1900-12-13
Granting a New Trial in
the
FAMOUS MINING CASE
OF E. Rollins Morse Versus the Montana
Ore Purchasing Company
Grounds Stated.

Judge Knowles today granted
new trial to the celebrated mining
suit of E. Rollins Morse against the
Montana Ore Purchasing company,
which was tried in the United States
court in this city last winter. The
action involved valuable mining
ground in Butte, and in many ways
was one of the famous mining suits
in America The jury unanimously
decided the case in favor of the Mon
tana Ore Purchasing company, OF
which F.. Augustus Heinze is presi-
dent. A petition was subsequently
filed by the plaintiff for new trial
and it was this petition which was
decided today.
The suit involved the Michael Da-
witt claim in Butte, owned by the
Boston & Montana Mining company.
The Montana Ore Purchasing COM
pany claimed the right to the mine
underneath the surface of the claim
on the ground that the veins apexed
in Tie Pennsylvania and Johnston
claims, both of which were owned
by the defendant company. The
trial was commenced December IL,
in Helena, and was concluded Janu-
ary 81. Most Of the testimony was
by expert witnesses, who comprised
some of the most eminent mining ex-
perts in the world.
Judge Knowles today set aside the
verdict on the ground that the jury
was unduly influenced by certain
newspaper articles appearing in the
Independent, and not on the ground
that the evidence did not warrant
the verdict. There is no appeal
from the decision of the court.
In the petition for a new trial the
plaintiff alleged that Juror w. A.
Passavant was disqualified for the
reason that his name did not appear
on the tax roll. The plaintiff also
contended that H. O. Farris, juror,
had been Influenced by newspaper
articles to give his decision as he
did. The third ground was that the
jurors had been treated to drinks and
refreshments by the agents of the
defendant company. AS fourth
ground it was alleged that Joseph N.
Keuck, juror, received refreshments
0f hn Infpn q Mt
None of these grounds were consid-
cred by the court sufficient to war
rant a new trial.
The fifth and only important ground
relied upon was the publication OF
a number of articles in the Helena
Independent, having a tendency to
prejudice the minds of the jurors
against the plaintiff. The court
quotes many editorials and news ar
ticles that appeared in that newspa
per in reference to the case. Continu
ing the court says:
That these articles were written
with the view of influencing in some
way the determination of this cause
is apparent. The publication there
of was commenced very soon after
the commencement of the trial of the
cause, and appeared in many issues
of the paper until the trial was ter
minated, when they ceased.
"The power of the press to create
and mould public sentiment is gen
orally recognized and cannot bt
doubted. Public and private enter
prise often resort to it for this pur
Iase. The Ind. pendent was 4 lead
ing paper at Helena. and POSSESSED
large circulation in that community
where nearly 81: the Jurors il hi
case resided, pursued their vocation
and pursued their business ventures
1T cannot be doubted but that pull
lie sentiment was created favorabl
to the defendant in this communit
by these articles, and experience ha
demonstrated that jurors are inf1r
enced much by the views of the con
munities in which they reside. Som
of the jurors acknowledged in thei
afidavits that they read some {
these articles, but deny they were il
fiuenced by them, and one states h
considered them advertisements. Th
fact as to whether or not the juror
read these articles could be esta1
lishcd by their afiidavits. but as
what influence these articles had VI