Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-02-28
Mr.. COrbett'S Illness Not to Stop
COluSa-Parr0t Trial.
AFFIDAVITS IN THF CASE
Impossible For Counsel Unfamiliar
With Controversy to Present
Case Properly.

Judge Knowles today refused to grant
the continuance asked for in the trial of
the suit of the Colusa-Parrot Mining Co.
VS.. the Anaconda Mining Co., on ac-
count of the illness Of Frank E. Corbett,
leading counsel for the plaintiff.
When the United States Court con-
vened this morning affidavits were SUBJ
mitted for and against h -postponement
of the trial. The delicate condition Of
Mr.. Corbett's health was explained by
Attorney Jay p. Lee, Mr.. Corbett's law
partner. He commended that it would De
a great injustice to the plaintiffs to COM
pei them to proceed to trial at this time.
In reply to this Mr.. Scallon, Aor the de-
PENDANT company, said that the pre-
carious condition of Mr.. Corbett's health
must have been known to- the plaintiffs
for some time, yet they had made no eff
fort to secur other legal assistance. He
admitted that he had every reason to
believe Ia Mr.. Corbett's health was
bad, but the plaintiffs had shown an ut
ter lack of diligence in not taking steps
to secure some one else. In his opinion
/ there was nothing to prevent Mr..
Hughes, the associate counsel, from con-
Quoting the case. 1t was working a hard
ship on the defendant which
has been enjoined for two years from
prosecuting work in the disputed ground.
1t meant a wholesale lot of expense to
the defendant n there was no assur-
ance given by the plaintiff that Corbett
and Hughes would be present at the
next term of court. A suggestion a
been made by Mr.. Lee hat the case
might be tried at Helena, but Mr.. Scallon
said he YOU prefer the case being tried
here, as the mines in controversy were
here and there would be less expense at
tached to the trial.
The application for the continuance
was based on affidavits submitted by A.
H. Wethey, Geo. T. Robinson DIR. T. j.
Murray, James w. Forbis, and Jay p.
George w. Sproule, Clerk of the U. s.
Court.
The affidavit of Mr.. Wethey is to the
effect that Mr.. Corbett spent much time
In becoming familiar with the, UNDER
ground workings of the mines in contro-
versy and that the other attorneys in the
case have never made any study of the
facts in the case.
The affidavit of Geo. H. Robinson Is In
effect that he is one of the expert wit
neses for the plaintiff; that there are IA
levels of the plaintiff and Ia levels of the
defendant involved in the controversy
and that it would be impossible for any
counse unfamiliar with the case to be-
to present the plaintiffs case properly.
DR.. Murray makes affidavit that Mr..
Corbett's health has been bad for years
and that prior to leaving the state he
/ was in an extremely nervous and de-
bilitated condition and unable to attend
to his professional work without en>
dangering his health.
Mr.. Lee, who is Mr.. Corbett's law
:, partner, stated that Mr.. Corbett was IN
extremely poor health when he left for
the east. Affiant claims that he is en-
tirsly unfamiliar with the trial of such
case. and he has been informed by Mr..
Hughes that he cannot come to Butte.
The afidavits of James W. f,orbis and
Robert Able, NJ. D., of New York. re-
late to Mr.. Corbett's health. The physi-
clan stated that it was absolutely ne
cessary that Mr.. Corbett take an ocean
trip and have a respite from all work.
MI, Scallon in his affidavit submitted &c
the court says that he is one Of the attor'
news for the defendant, and the first init
nation he received of a desire for post.
movement of the case was the receipt Of
a telegram from F. E. Corbett, asking FOL
a continuance. Mr.. Scallon says he an.
severed the telegram to the effect thai
consent would not be given to postpone
ment.
He further sets up that the case was SCI
for trial in October 1899, and was ther
continued upon the application OF tn
plaintiff ON the ground that the engage
ment of the Plaintiffs counsel prevented
them from attending to the trial; hal z
4 j.. HUEneS. COUNSEL III VuG pIcScHI u
made an affidavit on September Il, stat
ing that he "had spent considerable tims
in becoming familiar with this cause O
action and is familiar with the same"
Mr.. Scaqaon contended that it woult
work great hardship and inconvenience t.
the defendant and subject 1t to consider
able expense to continue the case. HI
could o definitely state the exac
amount of expense that will be incurred
on account of witnesses and for the keep
ing open Of certain of the mine workings
for the special purpose of allowing access
to the portions of the mine necessary t.
be examined, but afiant states that tn
same will aggregate a very considerable
amount; that several of the witnesses o
defendant are biologists and mining en-
g.neers and If the case be not tried q
cure them. Many of them a been com
PEELED to decline other engagements 70
the purpose of holding themselves Il
readiness for this trial.
John O'Neill, superintendent of tn
Never Sweat also made an affidavit Ina
a large number OF the upper levels Of tn
!. west end of the Never weat are worke
out and kept open now simply for tn
purpose Of his suit and that it is consid
cradle expense to the company to kee
them open, and will be more expense /
the future; that IT the case os continued 70
q, number Of months much timbering Wi
have ITO be done and 1T will cost a yer
large sum OF money. running up to tn
thousands of dollars to keep them open.
Charles C. Rueger. general manage q
1.-The Lexington also submitted IN afldavl
stating that he had examined the work
Iings Of the Never Sweat and C0lusa-P Par
rot and was to be q witness on the par
OF the Anaconda. He IL now making n
arrangements to leave for EAurope next Ma