Weekly journal-miner., 1919-04-09
TIE OF 2 BIG MINES
 ISOPENED
CFrom Tuesdays Daily)

which occupied all the forenoon ami
 part of the afternoon, counsel in the legal battle between the Copper Queen Gold Mining Co.,, and the Ari- zona Binghamton settled down to the
 fray in superior court yesterday Be fore the plaintiff and concluded the first part of the case, clashes of counsel gave promise of liveliness
 that f1ay relieve what might well prove an extremely dull case. Presentation of the evidence began
 after the defense had read its answer
 to the complaint, before the jury, and
 Louis J. Goldman, president of the
 Copper Queen was first on the stand.
 Mr. Goldman got up from a sick bed
 to attend court. His voice was not batting very heavy. and counsel nov ed the tables closer, for all the world like an infield being called up to the pitcher to intercept a bunt.
 Maintenance of an organization suf-
 ficient to mine 100 tons of ore day, and the many attendant expenses, to- gether with loss of revenue, are al, legged to have caused the plaintiff much damage as a result of the breach of contract claimed to have been made by the Binghamton. It wassthe '"Copper Queen Milling Co.," which operated the joint mill of the two copper producers, that, 1t is claimed, failed or refused to handle the 100 tons a day mined and de- livered by the Copper Queen. For convenience, it was stated, the two mining companies jointly owned the mill, but the Binghamton, because t owned 51 percent of the stock and
 operated the mill, was responsible for the damages claimed by the plain tiff.
 The contract was to have run a full year between February 26, 1917 and the. same day in 1918 The com plaint, which was read to the jury by Luther Spalding, member of the battery of legal talent assembled by the plaintiff, enumerated the points of damage, and quoted the contract. MT. Spalding undertook to illuminate the text of the complaint by explana- tory remarks here and there, and did so until MT. Bullard, for the defense, rose and objected MT. Bullard be. lieved that the complaint should be read in full and then the statement of facts that were to be proven, might be made by counsel for the plaintiff. He thought that Mr. Spalding had adopted an argumentative tone. and was not stating facts but presuming to add to the complaint and in other ways, get outside the limits imposed by law. There was no real argu- ment of the point attempted, and the matter did not lead to a ruling, but, to promote harmony and expedite the case, MT. Spalding contented himself with reading the rest of the complaint and then stating what it was the aim of the plaintiff to prove.
 Defense Denies Accusations
 George Purdy Bullard followed Spalding, and read the Binghamton's answer, denying specifically that there had been any breach of contract, al- leging that by accepting payment for part of the milling ore acknowledged by the plaintiff, the right for damages was annulled, and setting up several defenses. Bullard said he would reserve his statement of facts to be proven, until after the plain tiff had put in the casse.
 There was but one lapse in service at the mill not due to the Copper Queens own desire, according to the answer That was the result of an unavoidable break down in May. In August, the answer recites, the plain tiff notified the defendant that there would be suspension of deliveries until further notice, and relying on this, and waiting for that further notice, the defendants had never been of having broken the con -ract or having given plaintiff cause to sue. Moreover, it said there was l willingness on the part of the de- .endant to proceed under the con ract, and mill up to 100 tons a day, citing the agreement hold over for he days missed during the life of the contract.
 The case went into a night session while officers of the Copper Queen described the location of the prop .rties, their relation to the mill and other facts essential to an under. landing of the scene of the alleged Ianaees