The Seward gateway., 1915-10-27
TOWNSHIP CASE ENDS
 IN THE SEWARD COURT

locations on the map produced by Mir. Edes. Mir. Ray stated that possibly some new matter had been placed on the map. Colonel Swanitz replied that it was the same as eleven years ago, with the exception of few pen cil additions.
 Frank L. Ballaine again took the stand, and testified to location of his house and the building done in Sew ard by himself and brother, and that this suit was the first and only claim of title against them, and that they paid all taxes from incorporation of Seward, and expended the sum of $SOOO.
 The defendants rested their case. Mr. West requested the court that J. E. Macklin and International Assets Ltd. of Toronto be substituted for the plaintiffs Shedd and Thompson, in- tervenors. Mir. West wanted until after his arrival in San Francisco to file a brief on the law points. Judge Brown stated he wanted to close the case as soon as possible and denied the request. Recess was taken until ?. D. m., when counsel will present their argument.
 The cross examination of John E. Ballaine was concluded by Attorney West yesterday afternoon. In answer to inquiries, Mir. Ballaine stated that Dickenson got I2 lots from his broth CT, that c. NJ. Anderson, Engineer, received s or 10 lots; that no minutes were kept of meeting when trustees declined to handle townsite matter, and turned same over to Ballaincs; that in 1903 townsite had only pros pective value; that he expected to make two millions out of property if road went through; that he had about 500 lots left; that assessed valuation now was S3OO,OOO. Mir. West read from the complaint of John E. Bal laine vs. Stavert, Roland and Swanitz for damages in bringing this suit, verified by Ballaine, in which it is stated that holdings of J. E. Ballaine are actually worth the sum of $2,- 100000. Ballaine replied that his attorney Smith fixed this valuation. "Did you swear to it before Notary" asked West. Ballaine re- piled "Yes." Mir. Ballaine then stat ed he assisted the United States government in the present purchase, because he did not want to see them pay an exorbitant price for the AL aska Northern-helped put bill through Congress for government to acquire road. Ballaine stated that the Canadians paid Roland S1O0,O0o and Labaree $5OO,OOO. When asked directly by West if he positively knew this to be a fact, Ballaine replied that he knew Roland had a claim for such an amount, and that Labaree had contract calling for the sum stated. Mir. West next cross-examined Bal laine concerning the charges filed by him against It. Col. GlascOtt, and the result of the investigation of Col. Chamberlain. Ballaine's military career in the Philippines was related by himself. West and Ballaine were both in the war, and considerable amusement was created when refer ence was made to the shooting of cook. Judge Morford asked if this cut off the base of supplies. West was asked what department of the army he served. He replied; "In the legal department" and that he was standing near General - at the time he was killed. John E. Bal laine asked question as to the dis tance, to which West replied fifty feet-a great deal closer that you ever were to any engagement" The
 personal record of John F. Ballaine as an officer of the United States
 army was then gone into by West,
 which is not connected with the is-
 sues of the case. On redirect ex-
 animation Ballaine testified in 1907,
 Continued on Page Six)