Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-10-27
SAPPHIRE co
IN CONTEMPT
Violated Order and Decree Of Court
Regarding Discharge Of Waste
Into the Judith River.
IT WAS NO WILLFUL, HOWEVER
A Small Fine is Imposed-Novei Point
Involved in the Motion for
New Trial.

Utica rancher, against the New Mines
Sapphire Syndicate, was concluded
before Judge E. X. Cheadle in cham
bers Tuesday evening, after the en-
tire day had been taken up in the
introduction of testimony. The court
found that the sapphire company had
violated the decree entered at the con-
clusion of Mr.. Davids damage suit
against the sapphire company, re-
straining it from discharging waste
and slumes from it's Yogo mines into
the Judith river above the intake of
Mr.. Davids irrigating bitches, and
was therefore in contempt. Judge
Cheadle announced that he was salts
fed, however, that the violation Of
the decree had not been wilful on the
part of the company and therefore
imposed fine of only $50.
The Testimony Offered.
Mr.. David was represented by Hun
too & Smith, and Worden & Scott,
while Hon. Fletcher Maddox, of Great
Falls, appeared for the sapphire COM
pany. Mr.. David and others testified
that since the decree was entered, the
company, in direct violation of it, had
continued to empty waste from the
mines into the river.
Manager Gadsden, for the sapphire
company, testified that he was not
aware that-he was violating the terms
| OF the decree in any way, and made
| IN hn icrn ti.,>
| of the court.
Decree Was Violated.
IN passing upon the matter, Judge
Cheadle said:
"In this case the court is of the
mitted, but that it was not commit
ted willfuly by the defendant com
Dany. The court will, therefore, make
the fine very light, but sufficient to
protect the plaintiff The court hopes
this fine will serve as a reminder to
the sapphire company that it's injunc-
tlon and decree, even though it does
cause the company some trouble, ex-
pense and inconvenience, must not
be violated. Fifty dollars will about
cover the costs, and an order will be
entered fining the sapphire company
that amount.
"Of course it is understood that the
small amount of the fine imposed is
because the court believes Mr.. Gads-
den did not wilfully violate the or
der"
| Mr.. Maddox asked that short time
be allowed five or 10 days, to en-
able the company to arrange for a
strict conformance with the decree,
and no objection was made to this.
| Motion for New Trial.
| Mr.. Maddox asked that the time
allowed to prepare and file state
ment on behalf of the sapphire COM
pany in support of motion for new
trial of the case in which Mr.. David
was recently awarded damages be ex-
tended 80 days from Nov. 30. Mr.
HuntOOn vigorously objected to this,
insisting that from the time of the
trial to Nov. 80, ought to be ample
The court finally allowed an extension
until Nov. 10.
A Novel Point.
The discussion of this matter
brought out the fact that the defend
ant, in moving for a new trial, will
rely largely upon a novel point, and
one that has never been presented in
| d MOAtdud COuIL DtIOTt. IL VIII De
remembered that at the trial both the
plaintiff and the defendant introduced
a large number of exhibits taken from
Mr.. David's ranch and from the land
of the sapphire company. On his
side. the plaintiffs exhibits were in.
tended to show the disastrous effects
of the waste from the mines upon
the land and crops. The sapphire COM
pany's display was for the purpose
of showing that the waste did not in
jure crops or vegetation in the least,
and was, in fact, rather beneficial
than otherwise
Exhibits In Jury Room.
The jurors had plenty of opportun-
ity for gazing upon this collection
of wheat, oats, etc. during the pro-
gress of this trial. and it now ap-
pears that when they retired to their
room, they decided to investigate that
phase OF the case more closely, and,
calling the bailiff. told him to bring
in the agricultural department. This
the accommodating bailiff did, and
the exhibits remained in the jury room
until verdict was reached Mr.. Mad
dox will contend that it was entirely
| improper for the jury to nave the ex-
| hibits with them in the room. and will
urge it strongly as ground for a new
| trial.