Iditarod pioneer., 1914-08-01
COURT TAKES ANACONDA- FRACTION
 CASE UNDER ADVISEMENp
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ment work, deeds and other instruments tending to prove ownership in the Yukon Gold Company of the Prospector association were submitted in evidence.
 Adams was recalled and stated that c. C. Chlttick lone of the original owners, since deceasedl, had told him that if the Pros pector claim was in excess of 160 acres he could stake the fraction from either end of the claim he chose. He testified to con- versation had with E. A. Austin, resident manager of the Yukon Gold Company, in regard to the Anaconda and Great Falls fractions in the latter part of 1912, in which Austin asked him what price he placed on the claims, and on being told, Austin said the price was too high The object of the questions was calculated to prove that Austin admitted the existence of the fraction and also Adams claim thereto.
 John Beaton was called as witness for the plaintiff and testified as to stakes of different claims and as to the admission by the original owners that the Prospector was in excess of legal measurements
 Charles krutsinger testified to a conver sation between Adams and Chittick, in which Chittick gave permission to Adams to stake the fraction On cross -examina- ton by MT Roden he said he had never spoken with anyone about the conversa- ton.
 Ira Van Orsdal, one of the original own CTS said his name was used by Dikeman in stalking the Prospector association, and that he afterwards deeded half interest in his share to Dikeman There was no consid- eration. He would not admit that there was prior agreement to this effect
 For the defense, A. A. Chittick testified as to certain acts of his brother c. C. Chit tick, in September, 1911. He was asked about conversation with C. C. Chittick, which brought forth an objection by coun- sel for the plaintiff, and provoked pro- longed and most interesting argument by counsel Mir McGinn, for the defense, cited numerous cases as to what constituted "best evidence" and MT. Chittick was allowed to answer the question. He detailed the con versation with his brother, which contra dicted Adams testimony.
 Mir Beaton was recalled and testified to a conversation with Jimmy Muckler, another of the original owners as to location of stakes.
 J. E. Riley testified to a conversation with Adams, in which he fiatly contra dlcted Adams testimony as to the presence of Beaton on that occasion.
 E. A. Austin, manager for the Yukon Gold Company, the defendant, detailed conversation to which Adams had testi- fled, in regard to a proffer of the claims in question to the company. MT Austin said the Anaconda was not particularly specified; that Adams had spoken of seven or eight fractions He identified a map which he had shown to Adams. On cross examination he contradicted Adams in re gard to the conversation with him. He said that after Adams had offered to sell him the alleged fractions he had told him that he (Adams) had nothing to sell Asked if he ever saw Adams stakes on the ground claimed by the Prospector association he said he he had seen Adams stakes on many claims
 Charles Estmere was called and identified maps.
 Argument was begun in behalf of plaintiff by E. Coke Hill at the conclusion of Rivers testimony and at 10 p. m. the court adjourned until Wednesday morning, when John L. McGinn and Henry Roden spoke in behalf of the defense. Judge Fuller announced that as the case involved some points which require much research, and as the cases cited are numer- uos, he would require some time to arrive