The Butte inter mountain., 1903-11-07
INSPECTION ORDER
SIGNED BY JUDGE
BUTTE G. BOSTON AUTHORIZED TO
GO INTO THE MICHAEL CLAIM
BY NEW WORKINGS.
M. 0. P. RESISTS TO THE END
viii Take Several Months for the United
States Court inspectors to Finish
Survey OF the Claim.

Judge Knowles yesterday signed the
order granting the Butte x Boston Mining
Company the right to enter the Michael
Dewitt claim through new workings To be
opened up by that company. The object
of the work contemplated is TO trace the
disputed veins throughout the entire claim
and enter the west portion of the claim
where lleinzeS men are said 10 have been
extracting ore contrary TO the order OF
the court
When the order came up for hearing yes
terday the NJ. O. =. company entered court
prepared to resist it 10 the end, FOR the
granting OF the order meant the lifting Of
the curtain on "A series OF outragcs and the
laying bare of the fragrant, wanton viola
tion OF the injunction granted by Judge
Knowles TO protect the Butte 4 Boston
against the encroaehmcn,s Of the Montana
/, Ore Purchasing company
Will Take Several Months.
The work contemplated will require sew
cral months to complete, but will furnish
an entrance to the property in which
Heinze has been SO anxious 10 keep his
trespass secret.
The order was granted on the affidavit
of II. v Winehell, employed AS geologist
by the Butte K Boston, Boston X Montana,
Anaconda and other companies, who testi-
fled that the work was absolutely neces-
sary in order that the Butte II Boston
company might prepare its case for trial
The time set to show cause was
a. M, but Judge Mediation, for the Heinze
b interests, desired to delay matters and in
! terpnsed several excuses why he was not
prepared TO show cause. Inc court would
not brook delay and ordered the parties
to appear in court at o'clock p. M. and
take up the matter.
Winchell on Stand.
Mr. Wnchell took the stand for the
Butte K Boston and testified as To the
necessity for the work and explained to
the court its object and scope. lie ex-
planned from map that the Butte Bos-
ton company desired TO ran certain levels
and raises that they might trace the veins
in the property ard incidentally reach the
west end line of the Michael Dewitt where
the M. O r. company had been extracting
the ore in dispute
He explained the reasons why il was
necessary to enter from the east, owing
to the dynamite outrages OF the Ileinzc
men in closing all entrances from the
Rarus .Johnstown and Mountain View
mines,
Mr. Winchell explained that he pro-
posed to show that certain veins claimed
by ,Heinze apexed in Butte X Boston
1grognd, not in either the Johnstown or
Rarus. He was asked by Judge Mediation
why he did not sink wines from the pres
ent workings, and explained that it was
more economical to raise than sink.
1t Is a Habit of Theirs.
SIS it not a fact to your knowledge that
the Montana Ore Purchasing company
claims large portion OF the ground EN-
braeed in the Pennsylvania south of the
Rar,s" asked Mr.. Mediation.
81 know it claims pretty much all Of the
ground south of the Rarus; in fact, they
have a habit of claiming everything in
sight, replied the witness.
I'VE are not asking you what the news
papers say" remarked Judge Mediation.
"1hey seem to be our best friends" re-
piled Mr.. Forbis, counsel for the Butte 4
Boston.
Judge Mediation: "When did you first
discover workings in the ground you wish
to explorer
Mr.. Winchell Tn 1900"
"Do you know of any work being done
in the Michael DEWITT"
81 have good reasons to believe there is
work going on there now"
"Haye you seen any workings in under
the surface of the Michael Dewitt claim?"
II saw an opening leading into the