The weekly Alaska citizen., 1918-02-04

yesterday afternoon in the case of O'Connor vs. Cascaden, O'Connor is given a deed to an undivided half interest in the Gold Dollar associa- tion claim at Brooks, besides being entitled to an accounting from the defendant for all gold and gold dust extracted from that claim. This is what the plaintiff was seeking in the suit, and there is absolutely no con- cession made to Cascaden. This case is the second big suit to go against previous decision in the case of Bell vs. Cascaden, Bell was given a large part of sum of money he was seek ing to recover from Cascaden. There is still another decision yet to be handed down in a case in which Cas- caden Is defendant, this case being another Bell vs. Cascaden.
 The decision handed down by the court yesterday is as follows:
 In the District Court for the Territory
 of Alaska, Fourth Judicial Division.
 Pat O'Connor. plaintiff. vs. David H.
 Cascaden. defendant. No. 2297-
 Decision.
 This is an action in equity wherein the plaintiff seeks to recover from the defendant an undivided one-half interest in the Gold Dollar association placer mining claim located in the now Tolovana Mining and Recording Pre- cinct, and to compel an accounting by the defendant of all gold extracted therefrom by the defendant and his lessees.
 Briefly the testimony of the plain tiff is that on the 30th of November, 1914, at the point "A" as shown on Defendants Exhibit No. 2, plaintiff established stake No. of the Gold Dollar claim, writing thereon his own name and the name of the defendant at defendants request, as locators; that, besides plaintiff and defendant, there were present at that time and place J. J. Sherry and Albert Bell; that Sherry and Bell were witnesses and each wrote his own name as such on Stake Mo- 1; and that forth with all proceeded to cut out and blaze lines and to establish corners Nos. 2, and 4. There is no dis pute between the parties hereto that on the above date there was staked by two of the above four parties claim known as the Gold Dollar; that the defendant was one of the locators, and that subsequently, all the require ments of the law were fully complied with to make the Gold Dollar claim. as designated on Defendants Exhibit Mo- 2 by the figures 40. co being survey point fixed by the evidence but not lettered, and now given the letter O) O-G, G-J, J-E and E-A, a valid association placer mining claim containing approximately 25 acres.
 The plaintiff Is strongly corroborat- ed by Sherry and Bell on all i'm portant details in connection with the establishing of stake No. at the point "A," the cutting and blaz- ing of the lines, and the placing of stakes Nos. 2, 3 and 4. There is but little conflict in the testimony concerning the relations of all the parties above mentioned prior to the placing of stake No. 1 of the Gold Dollar at the point "A". About the middle of November the defendant and Sherry arranged to go on a stampede to the Tolovana. Plaintiff, a friend of Sherry. wanted to go. and this was entirely satisfactory to the defendant. who at the time said he believed Pat (plaintiff) to be a good man on stampede. When Bell wanted to join the party de- fendant consulted with Sherry, who said he thought it was all right The defendant ordered the necessary supplies for the party. They trav- eled together, camped together, pros- pected together, and apparently were as harmonious party of vigorous stampeders and prospectors as ever went forth to stake claim. Admittedly plaintiff and Sherry were partners. De- fendant denies that such a relationship existed between himself and Bell prior to the 18th day of December, 1914. If not actually partners be- fore that date, there is evidence of a mutuality of interest as distin- guished from plaintiff and Sherry. Prior to the stalking of the Gold Dollar Sherry and defendant staked the Leitrim. Plaintiff and Bell each wrote his name as witness on the initial stake The testimony con corning practically all the subse- quent and material acts is decidedly contradictory, the plaintiff. Sherry and Bell testifying one way, with the defendant flatly denying their statements. Bell testifles that he was the sole locator of the Silver Dollar claim and that he established