A Courtroom Brawl Over a Mining Fortune

John R. Wolcott yesterday lost his suit against the First National Bank of this city and George R. Persinger et al., involving ownership of the Persinger group of mines in the Negro Creek district, Kittitas county. The present case has had the attention of the courts almost daily between last January and the present, and the result is naturally very satisfactory to the owners of the mines. It will also be a great benefit to the entire Negro Creek mining district, which has undoubtedly felt the bad effects of the tying up of such valuable property.

A verbal passage at arms was indulged in at the windup by a remark from R. Andrews, attorney for Wolcott, reflecting upon the method employed by Metcalfe for the defense. Mr. Metcalfe had just finished his argument, in which he severely 'roasted' the plaintiff, when Andrews remarked that he did not approve of this 'blackguard' method. Mr. Metcalfe's fighting blood was up in an instant, and striding toward Mr. Andrews, he said, 'What did you say?' Judge Langley saw what was about to occur, and in a tone of command said, 'Take your seats, gentlemen, take your seats.' This did not stop Mr. Metcalfe, who said, 'If you make that remark again, I will slap your face. I allow no man to talk to me that way.' During this speech Judge Langley was rapping for order and commanding the men to take their seats. Mr. Andrews, who made the remark in a heated moment, apologized to Mr. Metcalfe soon after adjournment.

Another little incident occurred during the examination of J. H. Stouten, one of the owners of the mines. He was telling about a trip made by Wolcott to the mines, in which he and a companion took several sacks of ore for the edification of the then supposed purchaser. Said he: 'After filling several sacks of ore we placed them on the back of a jack and brought them out.' 'Which Jack?' said Mr. Metcalfe. 'Not Wolcott; the other jackass,' said Stouten. Mr. Wolcott was present and looked guilty, but did not say a word.

The property in dispute is what is known as the Persinger group of mines, in the Negro Creek district, Kittitas county, and consists of ten claims. The testimony of the owners was in substance as follows: On October 13, 1894, John R. Wolcott, of this city, approached the owners, George Persinger, W. E. Lee, Ralph White, J. McKenzie, J. H. Stouten and G. W. Kline, at Leavenworth, for the purpose of getting a contract by which he was to procure under certain conditions a one-third interest and the others two-thirds upon the payment of $100,000. He induced the men to enter into a contract by which he undertook, between October 13, 1894, and June 1, 1895, to build a wagon road from the end of the Peshastin valley road to the Persinger group, to establish a camp, to do development work and to mine and ship ores between October 13, 1894, and January 1, 1895. If the mines were put upon a paying basis under these terms he should have until October 13, 1896, in which to acquire the one-third interest. The contract provided in plain terms that the work should be fully performed by January 1, 1895. He had a further option, that, if he put the mines on a paying basis within the year, he should have until September, 1896, in which to pay $100,000 for them.

The contract was placed in escrow in the First National bank of this city. The escrow agreement provided that if all the obligations and conditions mentioned in the contract were not performed as specified the escrow should be annulled and the deeds which had been placed in escrow should be returned to the owners of the mine.

The testimony for the Persingers showed that Wolcott, from the time of the execution of the contract to the present hour, has performed nothing as required by the contract. He never built the wagon road or established the camp; did no development work, mined and shipped no ores at any times, nor attempted to do so. The Persingers demanded of the First National bank the contract and deeds in escrow. Wolcott, hearing of this, brought the present action to enjoin the delivery, claiming that under the contract he would have until October 13, 1896, in which to perform the work, instead of having only until January 1, 1895.

The case has been vigorously contested before Judge Langley for the last four days, and from the energy displayed by the parties interested the property in contest is probably a part of the group of nickel mines on the same vein as the Ontario group, which was bonded a few days ago. The vein in North Belle No. 1, one of the group, is shown to be a contact vein, running through to the Ontario mine, about 600 feet distant, on opposite side of Negro creek.

The court held that Wolcott had not in any manner complied with the contract, as in good faith he ought to do, and ordered a decree to enter rescinding the contract and ordering the bank to deliver the escrow papers to the owners of the mine.