The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-05
{. v. GOOOALE ON
VEINS ON CLAIMS
BOSTON & MONTANA OFFICIAL SAYS
HE WENT OVER THE GROUND
IN QUESTION BEFORE
NOT PART OF JOHNSTOWN
Mr.. Goodale Is Certain That Veins 8 and
Are Not in That Mine, But in
the Pennsylvania Claim.

General Manager Charles w. Goodafe
OF the Boston Montana company was
the last witness called by the defense in
the contempt cases being heard before
Judge Clancy. Following the taking OF
MIR. Goodale's testimony, Mr.. Forlns,
counsel Tor the defense, introduced corr
siderable record testimony.
The defense then closed its case. The
models, which have been used in llustrat-
ing the points made by the defendants
witnesses were offered in evidence and
marked. The court then took a shor
recess.
During the recess Attorney j. II. Denny.
for the plaintiff, asked to have some point
about the wooden model explained. He
asked what a raise between vein No. 10
and ? indicated. He was told that the
ground at this point had been exploited TO
show that there was absolutely no CON
nection between the souhery vein which
is numbered 10 and the others.
Easy.
"Oh well, we can start another suit to
include that" returned Mr.. Denny.
I'VE would naturally expect that" said
c. w. Goodale. During the past three
years your hanging wall has been raised
900 feet IT you keep on it will not be
long before 1t is up i'll the air good ways"
Mr.. Goodale stated Oh direct exam-
nation that when he took the man.
agement OF the Boston Il Montana mines,
he looked mp evidence in the case. in
which the hanging wall OF the Montana
Ore Purchasing company's ground was de-
fined.
Examined the Ground
Ne -.
Mou.throp, had gone into the Rarns ZOO
foot level and had noted where the walls
of the Johnstown discovery vein had been
fixed by the Montana Ore Purchasing
companys witnesses in the Pennsylvania
case
lie examined the ground carefully and
came TO the conclusion t,iat veins num-
| bered 3 and were no part OF the Johns.
| town vein. He considered the veins 3
| and 7 part of the property ows ed by the
| Boston Montana company. He stated
| that he had mined only within the lines
| established in court and that there had
| been no trescass.
| Attorney Forbis asked Mr. Goodalc to
| state generally the geology Of the ground
| al the 700 level of the Rarus. Mr.. Denny
! counsel for the plaintiff, objected to the in
| PRODUCTION OF any testimony concerning
the geology OF the ground. His ground for
| the objection WIS that six Witnesses had
| already testified concerning the nature of
the ground and that the rule OF the court
| limited the number Of WITNESSES to six.
Cannot Limit Witnesses.
Mr.. l'orbs contended that as the case
| was a criminal one. the number Of wit
| ncsses Of whatsoever charael Il could not
| be limited
Judge Clancy sustained the objection Of
| the plaintiffs attorney.
| Mr.. Goodalc, in continuing his testi-
| mony, stated that the No. "a raise vein
which is alleged 10 have lis a9ex in the
| Johnstown is not continuous vein which
could be traced into the Pennsylvania
ground owned by the Boston x Montana
| company.
John {. Adams was called this morning
TO testify concerning a conversation which
| he had with George Robinson, May /, OF
| this year. The conversation referred to
was in effect that Mr.. Robinson was soon
to leave for salt Lake and that he had
said: Go in there and take the ore, il
| belongs 10 you.o
A. f. Carson. clerk at the Butte hotel
| was called and the register was exhibited
| to show that Mr.. Robinson was in town
that day.