Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-20
Stipulation in the COluSa-Psr-
r0t-AnacOnda Case.
SIX EXPERTS TO A SIDE
Five Hours for One Witness. Three
for Another and Two Hours for
the Remainder,

AAA SOAlpdiIy VS.. tuG ANACONDA Nun
ing company began today in the United
States court. When the case was called
this morning the attorneys for the plain
tiff and defendant stated that they had
been endeavoring to- arrive at some
agreement limiting the number of witt
nesses, and also the time to be allotted
to each witness for his examination. The
attorneys. however, had not arrived at
an understanding. and they asked that
the case be continued until 2 O'Clock. A
recess was then taken until that hour.
J. j. Cotter, Judge Mediation, Jay p.
Lee and Chas. F. Hughes appeared for
the plaintiff, and w. Scallon, and Gov.
c. s. Thomas Of Colorado appeared for
the defendant company. Among the
noted biologists and experts present
were Professor Schaler of Harvard, pro-
lessor of geology; Rossiter w. Raymond
OF New York, the we'll known writer on
mining subjects; Clarence King, geolo-
glst OF California, and w. S. Keyes, also
a noted mining expert Of California.
When court convened this afternoon
Governor Thomas e the substance of
the stipulation which had been agreed
upon. One stipulation was to the effect
mat the parties to the case confine them
selves to six biologists and expert wit
nesses on each side, each party to exam
Inc n witness not to exceed five hours.
the cross-examination not to exceed
hve hours, n other witness not to ex-
ceed three hours, and the cross-examina-
tion the same; all other witnesses to be
to two hours direct examination
ana Two hour for cross-examination.
Inls, however, will not apply to
surveyors, samplers, or those making
examinations of the old workings.
Z. j.. Hughes ounsel for the plaintiff
made the opening statements. After
s1at1ng that a jury had been waived in
Inc case, Mr.. Hughes gave a brief his
tory OF the suit. The plaintiff company
owned three claims, the Parrot, Clark's
Parrot and Macawber lode claims and
prior to November 81 the de-
entered within the %oundarie OF
the claims and broke down ore valued at
oO,OOO. The defendant alleges to own the
apex OF the veins from which the ore was
and extracted. The Parrot claim
vas located In 1864 and patented at a |
ater date. The Macawber was located in |
$50. line plaintiff company claims that
ne apex OF the veins is within the bound 4
lries OF it's own ground, yet If it should be
,hoWn that the defendants also had apex |
ore would belong to the plaintiff COM
'any because the latter had the Oldest
Attorney Scallon for the defendant com.
,any said he had no statement to make at !
MS time. The location notices, etc. of |
lark S Parrot n Macawber claims we've
11ered in evidence. Mr.. Scallon objected
o their admission. He said tha the pa
'ers presented bore no seal and were
nore in the nature OF memorandum thar
ocation notices.
Attorney Hughes explained thot ~ ,,.s
ne custom in the early days to file such
e~rtltcates with the recorder of each
ounty. He said he would follow them
p by proof of the ownership of the vein.
ne application for the patent which con-
q reference to this original loca-
ION IN 1864 n the presentation of other
apefs W the validity of. the title of
ne plalhtlIIs. In answer to a question
rom the court Mr.. Hughes said the cer-
We're copies of the original fled
! Deer lodge with the recorder, The
ourt ~oVerruled the objection.
"A number of other copies of location no.
.ces MED during the same year with the
ecorder at Deer Lodge were offered In
Vldence, for the purpose of showing that
was the custom at that time to file such
They are brief in form and
cry much unlike the present day loca-
on notice. Anothr objection to this was
verrnled. In making his ruling Judge
movies said he did not know how far the
ourt could take judicial notice of some
{ the records but he believed that there
as an Old Idaho statute which had a
caring on the matter of recording and
eating claims. The method was brought
from Colorado by the miners who had
rived in Montana from the latter place.
ne Nevada and California miners made
known as a joint location. Here
montana 1t was called a segregated To-
,tion.
Inc patent or the Colusa-Parrot was
len offered In evidence. This was also
oJected to by Mr.. Scallon, but the OBJ
ction was overruled.
Inc p~relifninaries leading to the exam-
IatlQn OF witnesses had not been COM
eteq When the Inter Mountain went To
'ess! 1t gives promise of being a long
avn out contest, the attorneys believ-
9 that II VIII occupy the court for a
hole month.