Iditarod pioneer., 1914-07-25
ADAMS AND KNOX FAIL TO ACQUIRE
 RIGHTS ON CHICAGO BENCH CLAIM

being arrested on October l4 He returned later and was forcibly ejected. | On cross examination Mir McGnn at | tempted to prove that he was hired as fighting man, and that he was in the habit of carrying birch club. Counsel also at tempted to prove that he had at one time engaged in prizetighting, and the witness admitted that he had participated in "box- ing contests" He testified to going on the ground again on February l4 and admitted it was in the dark of the early morning, and | that it was because they were afraid of the Yukon Gold Company's 'gun men," Asked how he knew they were "gunmen," he said two of the Montenegrns had told him they were.
 Continuance Again Denied
 After the noon recess Mir Maltby, on be- half of the plaintiffs moved for continu- ance on account of the illness of Knox. The motion was denied and plaintiffs at torney announced that their case was fin ished
 Without introducing any testimony for the defense. Mir McGinn moved for an in structed verdict for the defendants, for the reason that as he stated, plaintiffs had utterly failed to prove their case. | The iury was excused while argument on | the motion was had
 Mir. McGinn, opening the argument, stated that plaintiffs had failed to show that the ground they attempted to locate was public domain The ground had been proven to be in the possession of the Yukon Gold Company Adams admission of see ing men at work showed sufficient posses | r,o art,Iol He contended that a right cannot be estab lshed by trespass. The plaintiffs attempted to excuse themselves for not completing the work necessary to title by saying that they were busted from the ground, and were therefore unable to continue the necessary work They would probably rely on the rule that a person who wrongfully eJects others acquires no title therefrom. He cited numerous cases to prove that title cannot be acquired by wrongful entry upon land held by another, even though there be a defect in the title of the one in possession. "A trespasser cannot make his wrongdolng successful by pleading flaw in the title of the holder of the ground, said counsel.
 MT Maltby, in reply, maintained that the case for the plaintiffs had been proven. He cited Adams stalking of the claim on October :. the work done and his eject ment. lie denied that plaintiffs entered upon the ground surreptitiously, and con tended that even if they had gone there in the middle of the night it would not affect their rights. There was no law designating the hours in which locations could be made He cited case to show that one who prevents a thing being done cannot take advantage of its performance.
 In his closing argument MT. McGlnn pointed out alleged inconsistencies between the complaint and the answer to defendants affirmative defense In one it was alleged that the ground was in forcible possession of the Yukon Gold Company, and in the ether plaintiffs denied the allegation con tained in defendants affirmative answer, that defendants were in possession.
 Ruling of the Court
 Judge Fuller ruled that defendants were in possession of the ground in question, and that plaintiffs wrongfully entered thereon, and therefore could not acquire rights. The defendants were entitled to verdict of dis missal
 Counsel for the Yukon Gold Company were not satisfied with this disposition of the case, and requested that the court rule on the motion for an instructed verdict, and the court tkereupon granted the mo ton.
 Mir McGnn desired to introduce testi- mony in support of defendants claim for exemplary damages. The court, however, was of the opinion that the claim was not proper one. Argument was heard on this point, ard E. M Stanton, for the defense, cited numerous cases in support Of the con- tention for damages
 Judge Fuller ruled that the claim for damages by defendants was not properly set up.
 The jury was thereupon called into court and under instructions, without leaving the court room, rendered the following yer dict:
 "We, the jury in the above entitled cause, find in favor of the defendants and against the plaintiffs, and find that the plaintiffs are not the owners nor entitled to the pos l session of the property mentioned and de scribed in the complaint nor to any part or portion thereof that the defendant, Yu- kon Gold Company, is entitled to the pos session of the property described in the complaint and therein designated as the 'Spikenard Association cIaim which said ] property S S1ludttu OlI tlIt ltlt lllAlI Ol Flat creek, in the Otter recording precinct, Territory of Alaska, and included within 1 the boundaries of that certain mining claim known as the Chicago Bench association which is more particularly described in the answer of the defendant said claim adjoin- ing the Two Bit Fraction on the west and the Dakota association claim on the north and that T. P. Aitken and J. J. Price are as to said plaintiffs the owners in fee of said property"
 The jury was composed of: Chester Riley Peter Robin, A. T. Willette, J. C.. Courtney, J. H. Rogers, w. c, Leonard George Higgins Manuel Gularte Louis Peime, Joseph Lewis, J, c. Anderson and Charles Worden.
 Stipulation Filed
 On Friday morning the following stipu- lation was made and filed in the case:
 Ut is hereby stipulated and agreed by and between the plaintiffs and the defend ants in the above entitled action that the defendant the Yukon Gold Company, may take judgment against the plaintiffs in ac-