Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-05
RECORDS FROM
DEER LODGE
"&
In Evidence in the Big Mining
Case.
OLD LOCATION NOTICES
Ex-Recorder Clark Explains the Form
Used by Miners in the
'7O's.
OLD LOCATION NOTICES

Good progress is being made in the trial
! of the Colusa-Parrot-Anaconda case, and
the plaintiffs side of the case will be in
within a week perhaps. The cross-ex-
animation of D. w. Brunton, which was
i'm progress when the Inter Mountain
went to press yesterday, was concluded
late in the afternoon.
Mr., Scallon asked a few questions on
redirect examination in relation to the
Salisbury lode, and he was then ex-
cused.
AT this juncture Judge Knowles said
that he believed he should state that he
was pretty we'll acquainted with the
| Salisbury lode, as he had superintenNded
the sinking of a 100-foot shat on 1t about
25 years ago. Judge Knowles was then
practicing law i'm Butte with Mr.. Forbls.
The Judge said that he did not remem-
Der much about the mine, except the I'M
pcrtant fact that they had never struck
any ore on it.
Fl. s. Clark, formerly clerk and re-
! corder of Deer Lodge county before Sill
yer Bow county was organized, was the
last witness of the day. Mr.. Clark saiu
he came to Butte to reside permanently
in 1870. but had been here the year pre-
vious. He was one Of the locators OF
the Never Sweat. His partners were
William Mcnamara Joseph Ransom.
The discovery shaft was on the ground
near where the hoist now stands. When
he secured an interest in the mine the
shaft vas about 20 feet deep, but it was
sunk later to a depth of 100 feet FOR
the purpose of securing a patent. There
was a vein about two feet Wlde IN the
bottom Of the shaft. The corner posts
Of the claim had been marked NOVem-
Der s, 1875.
The patent to the Anaconda mine was
offered in evidence by Mr.. Scallon and
court adjourned for the day.
After John Is. Murray a d~raughtsnlan
in the employ Of the Anaconda company
had testified this morning to the panta-
graph enlargement of a composite map
showing the Anaconda withln
the alleged boundaries of the Colusa-
Parrot claim, H. S. Clark was recalled.
Mr.. Clark said that he had been county
clerk and recorder, from 1871 to 1871, OF
Deer Lodge county which then embraced
the present county of Silver Bow. Mr..
Clark was asked if he recollected a print
ed form of location notice which had
ben used in the early days and in which
in some cases stated that the notices
We're certified" copies of the ones posted
on the claims and in others that the no.
tees were true copies.
N.Y.. Sl0i PliC lllN "ASA AN y
United States mining law came into force
in 1875, he had had considerable trouble
about locations. The miners would
bring him in all kinds of locations notices
and some of them would simply write
him asking to record such and such a
claim, giving the dimensions. FINALLY.
he said, he prepared a location notice
and distributed them among the miners
He also submitted a copy of the location
notice to almost every lawyer in Deer
Lodge, including he thought, his honor.
His object the witness said, was to get
up a location notice that would stand
the test of law. He had prepared it from
one of Cops forms and after 1t had
been looked over by the attorneys they
said 1t would fill the bill. He had 1,5Ot
Ford who was then justice of the peace
in Butte and who was the only officer in
Butte at that time before whom afida-
Wits We're made. The blanks contained
particular Instructions as to the method
to be followed in filling them out, as to
corners and natural by
which the claim could be identified fully
The miners were instructed to post one
notice on the claim and hen send a true
copy to the clerk n recorder. The
blanks were printed at the New North.
west office.
ION cross-examination Mr.. Clark said
that some of the location notices contain.
ed the word Similar and others thu
word true" Referring to the action
OF Mr.. Clark in submitting copies of the
new blank to the lawyers of Deer Lodge
for their advice. Mr.. Hughes asked the
witness if he had paid the attorneys any
fees for such advice.
In those days we didn't pay the aw.
yers much fees replied Mr.. Clark. II
was merely a matter of general cOur.
tesy."
Mr.. Clark was asked by Judge Knowle.
| If ha rpman1harQd how MANY Of fhnSa rpp.
Ords had been made at the time. To thu
best of my recollection Mr.. Clark said
that about 1000 locations had been made
In some of the printed notices the word:
matters herein contained are true" hat
been written in with ink, and the judge
asked the witness If he remembered whit
first dvised him making this change. HI
said he thought 1t was the law firm O.
Knowles & Forbis. The blanks. Mr.
Clark said had been printed especially
be request he had sent them elsewhere
Mr.. Simmons. deputy clerk and recor
der testified as to the records of mimi.
claims during 1876, 1876 n 1877.
John F. Forbis was the next witness
He said he had resided in what was for
merly Deer Lodge county since 1873, an
had looked up the forms of mineral 10
cations of the matter of the record blu
had never investigated the form unde
which the Never Sweat lode had beef
Located.
From 1875 to 1873, he said, most of tn
claims now patented in this district ha'
been located. 40 other form was In us
in Deer Lodge county at that time. ex
lcept the form gotten up by Mr.. Clark
His impression was the form was yer,
generally used throughout other portion
of the state.
The paint OF the Anaconda claim wa
then offered in evidence and T. b. Pag
surveyOr testified as to surveys he ha,
made OF some of the ground in contro
Iversy.
Mr.. Scallon said that he expected tn
clerk n recorder of Deer Lodge coun
ItY to he nrpSpnt with cnrno mora rocor6