The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-12
EVIDENCE ALL M;
ARGUMENT MONDAY
CASE is CARRIED OVER AFTER THE
WITNESSES HAVE ALL BEEN
CROSS-ExAMlNED.
SUIT AGAINST THE B. & N.
Latter Is Seeking the Right Of Inspect
ing the Properties. Now
Under Litigation.

Deen hOl0ing Tor seVeral Gays OIL al dp-
plcation for AN inspection order, made by
the Boston & Montana company in one OF
the suits brought against it by Heinze and
the Jolnstown Mining company, came to
an end this afternoon.
The evidence was all in then, and the
court said he would hear the arguments
Monday morning at 10 o'clock. to which
time the matter was continued.
In this proceeding the Boston 4 Mon.
tana company asked for the privilege OF
inspecting the Minnie Healy workings to
protect its interests.
In the case the ore deposits in the
Piccolo and Gambetta claims. belonging
to the Boston 4 Montana company, are in
dispute.
keneally on Stand.
When the case was resumed this morn
ing, Mike keneally, who was on the stand
yesterday afternoon at the close of the ses-
sion, took the stand again. He had been
testifying about a cave in the ground in
volved in the case, said by the Heinze side
to have been caused by the Boston & Mon
tana miners.
Mr. Evans, for the Boston 4 Montana
company, cross-examined him as to when
he had last been in where the cave was.
He replied that the time was last July.
when had you last been in there be-
fore?" he was asked.
1.-TWO years before" he replied.
"Werc the slopes completed them"
"Yes."
"That would be in July, roor?'
at would"
He said the slopes were FIVE or six floors
mp, and they were filled. He had seen
them that way two years ago. The slopes
were probably three sets wide.
Slopes All Caved.
"What condition were the slopes in this
year when you saw them!" the lawyer
asked.
"They were all broken down and caved,"
the witness replied.
"Do you know where the line between
the Boston 4 Montana property and the
Minnie Healy claim was bulkheadedf"
yes"
"What kind Of bulkhead was it?"
wooden"
when did you see the bulkhead last!"
1.-TWO years ago"
"What condition was it in last JULY"
II don't know | couldn't get to it,"
The witness said that il he had staid
about year in the place he might have
been able to get through, as the sill floor
was being cleaned out.
Affidavits Offered.
At the conclusion of the cross-examina-
tion of Mr. Kcneally, Judge Mediation Of
fered four aiiidavits made by Alfred Frank
and one made by Richard l.. Lacey in evil
dence.
"These affidavits contain description of
the workings claimed to be OH the north
Minnie Hcaly vein, and two contain cross
sections of the vein," Judge Mediation
said.
Mr. Kelley, for the Boston & Montana
company, objected TO the affdavits, say
ing
I'VE object to the aftidavits offered by
counsel, and to each of them, on the
ground that they are incompetent, irrele-
want and immatcrial; also because they
are made on information and belief. There
are no positive allegations identifying the
subject matter with the claim lines of the
claim involved. They are incompetent on
this hearing. Cause must be shown by
oral evidence. There is no showing that
the atlantis Lacey and Frank are in the
jurisdiction of the court or can be called
TO testify
Judge Mediation said the statutes au-
thorized the acceptance of aitidavits as an
evidence at such hearing
well, the objection will be overruled,
said the court
I'VE will take an exception, and ask
an exception to each Of the afidavits," Mr..
Kelley said.
A. J. Daun Called.
Judge Mediation closed his side of the
hearing then, and Mr.. Kelley called A. ].
Daum foreman of the West Colusa mine
in rebuttal.
Daum said he had been foreman for
nearly two years, and was familiar with
the workings in it. There were workings
in the 800 and 900 levels of the mine that
connected with slopes from the Minnie
Healy claim.
Between what levels of the West
Colusa is the 500 level of the Minnie
Healy?" he was asked.
Between the eight and nine" was the
reply.
"Will you tell the court who first
reached the Minnie Healy line with its
workings, the Minnie Healy people or the
West Colusa miners!" the lawyer asked
"The Minnie Healy," was the reply.
"Are you positive of that?'
eyes, SIR"
"Descrbe the condition you found the
Minnie Healy stope in there on the line
All Right in July.
$50 far as the tmbers showed they were
all right up to July last. stopped up the
line from our 600 to our 8oo'
"Did any cave occur there while you
were operating?"
mo, SIR"
The witness then testified that the Min
ME Healy people put in a bulkhead, but
did no filling behind it so far as the
witness knew.
"Mr. Daum, do you know Of the Min
ME Healy stope being blasted at any time
from your workings" Mr.. Evans asked
mo"
"Were any orders ever given to blow
them up, by the b. & M. management"
mo"
"lf such an order had been given ever