Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-30
Refused Hearing in Washing
ton Placer Case.
THREE QUARTZ CLAIMS
Located and Worked on the Placer
Gr0und-Evidence of Owner.
ship Offered.

the Butte & Boston Mining mpa VS..
the Montana Ore Purchasing company,
George Gemmel and others, an action i1-
volving title to the Washington placer
claim. located at Meaderville, the hear
ing of the order to show cause why the
temporary order restraining the defend
ants from trespassing upon the ground
should not be mad permanent pending
the trial of the cause was commenced
I'M Judge Clancy's court today. The
under a placer title, but the defendants
allege that it quartz ground and have
located 1t as quartz.
Records of the county clerk were first
introduced by the plaintiffs to. show the
transfer of title from the time the prop
erty ceased to be a portion of the public
domain The various deeds were adj
mitted in evidence. An affidavit of an
nual labor performed on the claim by the
also. a copy of The receivers receipt,
showing that $50 had been paid into the
local land Office by the plaintiffs in the
preliminary stages of the application for
a patent for the ground. An objection
to the receipt becoming a part Of the
evidence was made on the allegation that
the document represented simply the
~ ~ VI Ia AAAOA4Oy LA AAu IN veal
ing whatever upon the title. The de-
PENDANTS maintained that there was a
difference between a receivers receipt
and a certificate of purchase, as the
former showed only the payment of
money, while the latter evidenced a
promise to sell.
The receipt being the only document
the plaintiffs a with which to prove
title, a request was made for time in
which to send to Washington for an al
legged certificate of purchase, but the de-
PENDANTS did mot care to wait until it
could be produced in court, provided it
existed, and withdrew the objection to
the admission of the receipt.
Henry Aware, a deputy sheriff, testi-
fed that he had served the order of tenn
porary injunction OF the defendants. He
had found them eating dinner, and the
surroundings Indicated that work had
been lone or h ground. Work had
been performed since the order of in
junction was served, he said. He had
gone to the property with a warrant for
the arrest of john n William Goforth
and found Ave men sinking a shaft; for
whom he knew not.
Meyer Genzberger, I'M agent for the
Butte & Boston, stated that he had gon
to the claim with the officer and had
found a lot of men there. Between 3 and
5 o'clock in the afternoon he a found
three location notices posted ON the
ground-one at the south, ONE at the
center and the other On the north end.
The former called the ground on which
1t was posted the Osceola; the center
one, the Quincy, n the north end one.
the Tamarack-all quartz and signed by
George Gemmel. These notices, he said,
had BEEN put up after the injunction
order was served. The north shaft had
been deepened more a SO feet. There
had been some work done on the middle
shaft, but not at the hands of the plain-
tiffs. A shaft, however. was being sunk
by the plaintiffs within so feet of h
EAST end line Of the Washington placer.
Some one was also doing some work on
the Washington placer, n the witness
said he had taken no steps towards re-
straining those doing 1t because it was
not his business. The work had been, in
progress about a month.
James Goforth testified that he had
BEEN employed by a man named I. Brown
to do some work in the north shaft after
January 6, but he did not know who
Brown represented. He had worked Is
or Is shifts and Brown had paid him in
cash.
when he asked me to go to work."
aid the witness, II asked him If the
money was all right, and he answered.
You bet your life.'"
William Goforth said he, too, had done
some work IN the Washington placer for
I. Brown n Brown had paid him In
cash.
I. Brown said he had employed the Co
forth boys in February to sink a shaft
on the property, n his object in sink
ing the shaft was to discover a vein of
quartz and max a location. He denied
having gone to the ground in a buggy
with George Gemmel, and said he did
not know Gemmel. He had heard some
one say the assessment work on the
ground had been dom and considered it
a good chance to acquire some property.
He had paid his employees between $3.50
and $4O0. and it was his own money. He
had furnished his own tools and wind
lass. h ground being soft. no powder
had been used.
j. D. Slemons. the real estate dealer,
also testified. but what he had to say
related solely to some bonds he had
signed at the request of e. L. Mayo.
e. L. Mayo was asked why he had
signed the bonds Of Brown and Smith,