The Alaska citizen., 1911-05-29

The Nault creek case involving
 the overlapping of the Oregon and California groups was commenced on ! Tuesday The case is entitled: A. i McKinnon. A P. McArthur. J. r. Foley. A x. Gould. H. w. Sanford, l John McDonald w. B. Popie, J II. Sanford. A | McArthur and Susie McArthur vs. William Wiley. Thomas l Carroll. C. A Hamilton. Thomas i Crowley Frank Piffer. A A Beatty, i w. A Craig. Henry Roland Frank 1 Bishcprick Lars Pearson and Al. bert Pearson, the plaintiffs being the owners of the Oregon group and the defendants fhc owners of the California association. II took the entire day tG select the jury and arrange the preliminaries in the case
 and the first witness was placed on the stand on Wednesday morning This was I H. Sanford. the original lccatOr Cf Inc Oregon who testified as the stalking of the claim on June l6. 1905. Other witnesses called for the plaintiffs were ]. T.
 Gcoghceau and Arthur McNeor On Thursday morning the plaintiffs rested and the defense then asked for q nonsut on the grounds that the plaintiffs had failed 10 introduce any evidence to show title in Susie Macarthur and J. II Sanford This mo'ion was argued on Thursday af tcrncCn and al the conclusion of i.1ho arguments the court denied the motirn The defense then opened hv putting Tom Crowley on the stand. He testified that he was on" of the original locatOrs Cf the California group and helped to sink
 the first hole. He also testified that in stalking che California he and associates were unable 10 find the lower boundary of the Oregon group. so they went up to the initial stake of the Oregon. which stated that 26io feet down stream were claim cd and measured down that dis tance. where they set their stakes and proceeded to lay off the Cali fornia. The plaintiffs contention is that although the initial stake calls
 for 264o feet down stream from the initial post. that in actually laying out the claim il was staked 350O feet up and down stream. being rect angular instead of square.
 A. F.. Strne was the second wit
 ness for the defense Stone had a lav on the Oregon. He also fin 1 ishcd the first hole 10 bedrock on the Oregon and then put down an. other shaft in consideration Gf a deed to a quarter interest in the claim. In evidence the defendants introduced the contract between tho Oregon owners and Stone. which called for the lower GAO feet of the Oregon. The witness Stone testi fled that at the time the contract vas drawn up. Frank Clearv. who
 represented the owners of the Ore.
 con and who carried on the neg0,
 tiations, showed Stone the lower line of the Oregon. which was 264O feet from the initial stake and not 35O0 feet Aft"rWard when Stone found that there was to be a conflict in the courts. the owners of the Oregon eava him another contract which stated that in case the Oregon own CTS lost the case that Stone would receive the next GAO feet of the claim
 1 Other witnesses called for the de i fense on Friday were T. A. Mar
 nuam, C. A. Hamilton and William i Wiley, and there was also read a
 deposition from William A. Craig,
 who is on the Outside
 On Saturday morning William Wi | ley was recalled, as was also Harry | BOland and Eugene GagliOni and