The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-12-08
ARGUMENTS IN THE
CONTEMPT HEARING
LAST HOURS OF THE FAMOUS CASE.
BEFORE JUDGE CLANCY--HAs
GONE SIXTEEN DAYS.
is "WORK OF IMAGINATION"
Attorney Forbis, for the Boston G. Mon
tana, Scores the M. o. P. Maps
Submitted in Trial.

The contempt case in Judge Clancys
court in which the Boston 4 Montana
company is charged with mining ore bodies
in the Pennsylvania mine, which were al
legged to be the property of the Montana
Ore Purchasing company, was argued and
submitted this afternoon.
1t is the contention OF the plaintiff,
the Montana Ore Purchasing company,
that the Johnstown Discovery vein extends
beyond the boundary line as fixed by the
court in the Pennsylvania case, and takes
in and includes veins numbered 3, and
10 OF the Boston K Montana workings.
The Boston & Montana company sought
to prove that the called blanket vein"
OF the plaintiff strikes downward and dis
appears with vein No. II and that veins
3, and 10 are separate and distinct from
any ore bodies belonging to the Montana
Ore Purchasing company.
The argument for the plaintiff was
opened by Attorney j. NJ. Denny, counsel
for the Montana Ore Purchasing company.
1t was argued that the Johnstown dis
covery vein was continuous and extended
beyond the hanging wall OF the plaintiffs
ground and covering the controverted ore
bodies. BY agreement the attorneys
argued one nOuT cacn.
Mr.. Forbis, for the Boston & Montana
company, stated that the decree of Judge
Clancy, made in February, 1900, fixed the
position OF the Johnstown vein at three
points adopting the evidence OF the
plaintiffs witnesses as given in the trial
Of the Rarus- Pennsylvania case in I8o0
In order to make the hanging wall OF
the vein follow No 3 vein OF the Pennsyl-
u1pin therp would have n he a cha
in the strike OF the vein OF 40 degrees.
1t would also be necessary to widen the
vein from about feet to $40 feet
TO make a showing Of right to veins No.
3 and No. 7 of the Pennsylvania, another
change had to be made The hanging
wall had to be raised 800 feet since June
1901, when several of the plaintiffs wit
nesses testified to its position at the in
junction hearing which resulted in re-
straning the Boston 4 Montana company
from working vein No. below the 900
foot level.
Mr.. Forbis criticised the drawings
offered by the plaintiff as being mislead-
ing and purporting to show something not
substantiatcd by the facts.
The contention Of the plaintiff regard
ing the position of the Johnstown vein,
said Mr.. Forbis, was not shown by de-
velopment, but by projection on maps.
The picture drawn by the NJ O, p. en-
gineers was designated as work of the
imagination. The maps Of the NJ. 0. p.
company were said to be confusing and
not calculated to show the real condi-
tions in the disputed ground.
Mr.. Forbis dwelt on the fact that not
one objection had been made by the
plaintiff to the wooden model which
shows accurately the Slopes and under
ground workings of the Pennsylvania.
The conclusion to be reached said Mr..
Forbis, is that the model was correct in
every detail The model shows that veins
numbered 3, and 10 are separate and
distinct from the John.owr blanket
VEIN and from each other.