The White Pine news. [volume] (Ely, Nev.) 1906-1910, 1908-06-06
COURT TAKES CASE FROM
HANDS OF TURN IN
ACTION IS SENSATIONAL
M DONALD ELY LITIGATION JUDGE PIKE DECLARES
SHOULD NOT HAVE GONE TO JURY TRIAL-SUB
MITs QUESTIONS OF FACT TO JURY FOR ANsWF
WILL THEN DECIDE LEGAL POINTS -WITNy =
CHARGED WITH INTEREST IN TESTIMONY

Trial of the action of Miller and
Whiteley VS.. Mcdonald Ely Copper
Co. dragged through the morning
session yesterday. witnesses for the
defense being introduced during that
period. The testimony introduced
was to a great extent technical and of
little interest to the outsiders present.
When court was opened In morning
session the attorneys in the action
of Hanson VS.. Clark. which was de-
cided In favor of Clark Tuesday even
ing. appeared and 10y mutual agree
ment the defendant was given until
June Il to prepare and file a men,
orandum of the court costs. which
must be reimbursed him by the
plaintiff. who was the loser
After short session devoted to
ex parte matters the case of Miller
and Whiteley vs.. Mcdonald Ely Cop
per Co. was taken up. w. B. Colwell
produced a map of the Arctic, Phar-
oah and Fannie Gillfs claims which
he had drawn at the time he surveyed
the ground for a patent for the Me
Donald Ely Co This was placed In
evidence On cross examination the
plaintiff tried to establish the dimen-
sons of the location shaft of the
Mcdonald Ely on the Arctic. This
he testified was | feet deep. I feet
wide at the top and feet at the
bottom
A. j. Stevens. the original locator
of the Arctic claim. told of his pro-
eedure at the time of location. His
testimony did not count for "A great
deal. as nearly all of IL was stricken
out by order of the court. The de-
fondant attempted TO prove the depth
of the location shaft on the Fannie
ellis claim not to have been legal.
bnt Mr. Stevens admitted that he had
glanced at it casually and had not
measured It. The defendant tried to
show that by long knowledge of
measurements as a carpenter Mr..
Stevens was competent to testify on
this point Oyerruled by the court.
4 certified copy of the original To-
cation certificate was produced and
was allowed in evidence in spite OF
the objection of plaintiff. who except
ed
At the afternoon session. proceed
ings were enliyened 10 . great extent
by the testimony offered u. c, Me
Donald was first called TO the stand.
lie testified that he with Christ Os-
tergard had located the Pharoah
claim and together they had done the
work on II. He was unable to state
more than approximately the size of
the Pharoh location shaft. In regard
TO the Fannie ellis shaft he stated
that he had gone to the property In
November and to test the depth of
the working had gotten down In 1t.
He had gotten out without any trou-
BILE or without need of a ladder. He
had never measured the specific
depth. To the allowing of this tes-
timouy by the court the plaintiff en-
tered strenuous objection on the
ground that il was incompetent.
Judge Pike overruled the objection,
plaintiff taking exception.
A certified copy of the original
Pharo location notice. a certificate
of the amended location notice OF
the Arctic a certified copy of the
original location notice of the Jeffer-
son Morfoot No. and certified
copy of the amended location notice
of that claim, we're placed In evi-
dence as exhibits by the defendant.
To this plaintiff objected but was ov-
erruled and took exception.
George Penz testified that he was
well acquainted with the locality in