Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-08-15
DAVID AGAINST
SAPPHIRE co.
An Important and Rather Novel Action
Now Being Tried in the Dis
trict Court.
DAMAGES AND AN INJUNCTION
That Is What Mr.. David Asks Far
Effect Of Waste From Mines
on Farms,

mat portion or the district court
room in front of the jury box looked
like section of an agricultural ex.
hibit at the county fair yesterday and
this morning. when the defense in the
suit brought by l. F. David against
the New Mines Sapphire Syndicate
presented it's case. In order to COM
bat Mr.. David's claim that the deposit
in the waters Of the Judith river from
the waste ditch of the sapphire com.
pany had done great damage to the
land and crops through being carried
| on the land by the irrigating bitches,
the defendant company produced a
great number of exhibits of farm pro.
ducts taken from ground upon which
the deposit had been carried. These
exhibits included everything from the
lowly pigweed to boxes of waving oats
and other grain. The effect of the dis
play was quite striking, and the jur-
ors, many of whom are farmers, were
much edited
Case Of the Plaintiff.
Mr.. David had a line of exhibits Of
his own that rivaled those of the de-
fendant. Claiming that the deposit
from the mines carried upon his
ground had ehoked out the crops to
large extent, he brought in sections
of the farm, cut right from the soil,
showing an accumulation of from a
few inches to nearly foot in thick
ness. Explaining the nature of the
deposit, Mr.. David testified that it
formed hard cake over the soil. in
which grains had very little chance to
thrive. Mr.. David told of his exper-
fences on his ranch during the past
five years. and his inability to get the
same results now that he did some
years ago on ground upon which the
mine deposit had been carried. This
result he attributed wholly to the ac-
tion OF the slums.
Mr.. David was supported in his con-
tention by number of witnesses who
are engaged in ranching in the vicin-
ity of Utica, including Justice p. w.
korell, Brethit Gray, Arthur Noel, Del
mer Newell l.. B. Divers and w. B.
Burris.
Defense Strong One.
nesses were C. l. Gadsden, the Eng
lish manager of the mines, and Geo.
Bettis, who operates a ranch belong
ing to the sapphire company. The
defense strongly opposed the theory
of the plaintiff that the slums were
injurious to the crops. and asserted
being something in the nature of q
ri Tn 1t
contention, the various exhibits Of
grain. etc, were offered
Mr.. David asks $4,000 for the dam.
age alleged to have been done his
crops, and for an injunction perpetu-
ally restraining the defendant from
discharging the waste from the mines
into the river He asserts, inciden-
tally, that the defendant could easily
find some other method of getting rid
OF the waste, by carrying it upon it's
own land, without affecting the op-
erations at the Mines
The case has been presented in the
best possible manner by both sides.
Huntoon. Wcrden & Smith appear for
the plaintiff, and as Mr.. Huntoon has
ranch interests in the locality, he is
thoroughly posted in all the details
from practical point of view, and
has omitted no point that could pos
sibly tell in favor of his client.
State Senator Fletcher Maddox, of
Great Falls. attorney for the sap
phire company, is equally well inform.
ed, and has developed a remarkably
strong case for his client, in view
of what he had to meet The ques-
tion involved is one of the greatest
interest and importance, and in many
ways, the action is a novel one. It
is expected that both sides will con-
clude late this afternoon, and the case
may reach the jury today.