Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-01-25
Hearing of Testimony Before
Judge Blake Today.
DOCUMENTS IN EVIDENCE
Surveyor w. l. Pennington Testifies
as to Location of the
Ground.

Judge Henry N. Blake who was ap-
pointed special examiner to take testi-
mony in one of the numerous suits be-
tween the Boston & Montana company
and the Montana Ore Purchasing Co.,
began the hearing this afternoon in the
United States court.
The action is one involving the right Of
the Montana Ore Purchasing Co. to dump
Stag and tailings ON a strip of ground
leased to the former by the Butte &
Boston Co. several years ago. A suit
OF a similar nature was tried before
Judge Knowles about a year ago. In
that action the Butte & Boston mpa
contended that Stag was not tailings and
that the defendant company had no right
to dump Stag on the leased ground. The
jury, however, decided that Stag was
tailings, but brought in a verdict of 81
damages for the Butte & Boston on the
score that the Montana Ore Purchasing
Co. had dumped a lot of tailings from the
concentration on ground belonging to the
Butte & Boston and not included in the
lease.
The present suit is for an injunction to
permanently enjoin the Heinze people
from dumping the concentrator tailings
on the ground owned by the Butte &
Boston.
Judge Mediation appeared for the Mon
tana Ore Purchasing Co. and w. H. De-
Witt for the Butte & Boston.
The first witness was w. J. Pennington.
BEFORE his testimony was taken Judge
Mediation entered a formal objection to
the taking of any testimony or the ex-
animation of witnesses I'm the case on
the ground that the time for taking tes-
timony had expired and no extension
had been granted.
Judge Dewitt in answer replied that
the taking of testimony a been delayed
by the injunction granted in New York
and therefore could not be taken within
the time allowed by court. He also Of
fered IN evidence the documents, judy
ment, etc. of the case tried one year
age This was the law action preceding
the present equity action, to each Of
which papers the defendants objected for
the alleged reason that the same were
irrelevant, incompetent and inadlnissible
under the bill of complaint and the plead
fngs IN the case. and also because the
records in ne case referred show that
no mai judgment was entered and that
there is a petition n motion pending
for a new trial in the matter.
Judge Dewitt offered in evidence cer-
tain files of the supreme court of New
York in a suit of the Montana Ore Pur-
chasing Co. VS.. the Butte & Boston Co..
for the purpose Of showing that the COM
plainant was enioined from October 8,
1898 until November 16, 1899. Several
other papers were also offered in evil
dence to all of which objections were
made.
The examination of Mr.. PENNINGTON
was then proceeded with. The witness
said he had been engaged as surveyor
for about 10 years in Butte and knew the
ground in question. He had been ac-
quainted generally with that property
since 1892 and made surveys on it in 1897.
Mr.. Pennington submitted a map of the
ground upon which the Heinze smelter
is located, the Stag and tailings dumps
and adjoining property.
Mr.. Pennington was examined at great
length as to the situation of the Heinze
smelter n concentration to the ground
which the tailings are Jumped. He
was on the stand when the Inter Mount
ain went to press.