The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-09-11
SUBMIT REASONS
FOR AN INSPECTION
BOSTON & MONTANA PUTS IN EVIL
DENCE ENTlTLlNG IT TO
AN ORDER OF SURVEY.
SECOND DAY OF HEARING
Amendment Of Minutes May Obscure
Defendants Appeal - Admit
Working Minnie Healy.

Judge Clancy was engaged again today
hearing the order TO show cause. asking
Tor a survey and inspection of the Minnie
healy claim, brought in his count by the
Boston y Montana company.
The Boston y Montana company al
lege that II is necessary for the prcscrva-
tion ol its rights aud the protection OF
its property that they he granted an order
enabling il TO discover what the United
Copper people are doing in the Minnie
lleals and the Piccolo and Gambetia
claims.
RIGHT to Inspect.
After the litigation over the ore bodies
IN the Boston Montana properties the
Piceolo and Gambetta claims. was brought
by the United Copper company people,
the Boston 4 Montana company were
given the right 10 inspect the underground
workings III order 10 protect itself. Lately
that order was taken away from il
through the dismissal Of the suit by
lleinze.
The Boston y Montana company now
wishes the right To inspect restored, and
il has put evidence showing i, is en-
titled to the inspection before Judge
Clancy during the pas, two days. The
evidence Of Charles w Goodalc. man
agcr Of the properties OF the Boston
Montana company, and that oi Reno H..
Sales. one Of its engineers, given today
showed that such is the case eonclusvey.
Respondents Begin.
Mr. Goodalc. who followed Mr. Sales.
finished his testimony III the forenoon.
and then the petitioner Tor the survey
rested its case aud the respondents llcirze
and the lohnstown Mining company began
putting IN evidence.
II was shown by the testimony of w. L,
O'ilara. Minnie lIcaly shift boss. that
the United Copper company has been work.
ing ia the Minnie Ilcaly mine since Au-
gust ~, Notwithstanding the injunction IN
that ease maintained by Judge Ilarney.
lie would not admit the workings were
upon the Minnie IIcaly north vein, SO
called however. He did mol know what
ore bodies were being worked. Neither
did he know who he was employed by, al
though he was paid bJ the Montana ore
Purchasing company and hired by John
Kane. the Minnie Icaly foreman.
CROSS Examined ..... . ......
lie was subjected to a close cross-ex-
animation by Attorney c. r. Kelley in the
afternoon.
He admitted that ore had been taken
from the 700 level OF the llcaly workings,
aud that work has been going on there
continuously since August II. The work
there was in a siopc near raise.
Have You dome any work on the second
floor" Mr. Kelley asked.
Yes" was the rcpl'.
"Whcrc does the raise 90 tor"
up To the eight hundred"
The witness said that the stopc had FIVE
sets east OF the raise on the second floor,
and was 50 or 10 feet wide west Of the
raise
How many sets are there there in 10
feet :" Mr. Kelley asked.
About five" the witness answered.
The vein is one set wide on the sill
floor, nine or len sets west OF the raise,
the witness said.
Since August /.
"You have been working there since the
nth OF August, have yous" said Mr..
Kelley.
Yes" the witness replied
You are working there now!"
yes"
AS a matter OF fact you have been
working there continuously since tac
nth OF August, have you not p
Yes" was the reply.
These Slopes are on the vein, are they
moi :"
YES"
They are on what the plaintiffs call the
Minnie llcaly vein, are they not!"
Does Not Know
The witness would not admit that he
knew what the vein was called,
We'll, they call the vein that don't
lheyf" said Mr.. Kelley,
Il know it isn't on the Minnie IIcaly
north vein" the witness replied.
Then Mr. Kelley wanted TO know what
position Mr.. Wilson had with the Minnie
Iiealy. The witness did not know
do you know whom You are working
for" Mr.. Kelley asked, after asking a
number Of questions about the witness
employment.
The foreman, Mr.. Kane" was the
reply.
who pays you"
THE NJ. O. =. company"
"Dcs the company hire you?"
Il don't know"
"As a matter of fact, you don't know
whom you are working for''
NO. the witness said.
Mr.. Kane hired you?'
"Yes."
And nobody has discharged you yet?'
No"
Judge Notation interrupted at this
point and said:
perhaps you better do that, Mr. Kel-
ley"
when ] want to have anybody dis
charged I'll try to get you fred Judge"
Mr. Kelley replied.
Tho hearipu ctill IN and
OHara was being cross examined as to
what he knew about blowing up workings
in the disputed ground at last accounts.
Yesterday afternoon the hearing opened
with the placing in evidence by the Boston
& Montana company of a number Of plead
ings in the case and records Of past pro-
ceedings to show that the ground in dis
pute had been put under injunction, SO far
as the Rnstnn 4 Montana compauY is coll