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Rabbit Paw timeline
Johnny Harris and Byron White’s legal battle took up an enormous amount of court time between 1901 and 1909, before the case was finally settled in Johnny’s favour. These are some key dates in that tangled saga.
October 1891: Slocan Star-Silversmith claims staked by John Sandon, Bruce White, James Fletcher, J.J. McLeod, Charles Chambers, Ephraim Toolson, and W.W. Sprague. Claims in the group include the Slocan King, Jennie, Emma Fraction, Jessie, and Chicago. Bruce White and associates buy out the locators and amalgamate the group. John Sandon sells his interest to White for $500 on Dec. 29, 1891.
May 1892: Rabbit Paw claim staked by W.E. Child, who obtains a Crown grant the following year. Child transfers the Rabbit Paw to J.L. Drumheller for $1 on August 23, 1894.
September-October 1896: Star Mining and Milling Co. incorporated with John Morgan Harris, Martin L. Grimmett, Robert T. Riley, and Fred Kelly as directors. Grimmett acquires the Rabbit Paw and Heber Fraction and transfers them to the company.
January 1, 1897: Byron White alleged to have begun trespassing on Heber Fraction.
November 1899: Star Mining and Milling applies for a Crown grant for the Heber Fraction, which is finally issued in early 1901.
July 31, 1901: Trespassing suit launched by Star Mining and Milling against Byron M. White Co.
November 25, 1901: Pleadings filed.
December 11, 1901: Star Mining and Milling granted an inspection order by Chief Justice Angus McColl.
January 10, 1902: B.C. Supreme Court dismisses the appeal of the inspection order with costs.
October 1903: Discovery hearing.
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February 12 to March 1904: Trial held in Nelson before Chief Justice Gordon Hunter. Three weeks of testimony heard before the case adjourns for more technical work.
December 1904: Chief Justice Hunter, accompanied by experts from both sides, pays a three days’ visit to the mine.
May 1905: Chief Justice Hunter re-examines the mine workings.
July 25 to 29, 1905: Trial resumes. Chief Justice Hunter rules in favor of Byron White and awards costs. Byron White 1, Johnny Harris 0.
November 12-15 and 23, 1906: B.C. Supreme Court hears appeal, including decision to deny additional work. The court directs that the work be done and refers the case back to Chief Justice Hunter for reconsideration, but he declines to hear it.
April 8-12, 15-19, 22-23, 1907: B.C. Supreme Court hears case in full in Victoria, including fresh evidence.
November 23, 1907: B.C. Supreme Court overturns Justice Hunter’s decision, with Justice A.M. Morrison dissenting. Byron White 1, Johnny Harris 1.
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October 8, 9, 12, 1908: Supreme Court of Canada hears Byron White’s appeal.
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February 12, 1909: Supreme Court of Canada unanimously upholds the B.C. Supreme Court decision and awards damages of $40,000 and costs of $60,000 to Star Mining and Milling. Johnny Harris 2, Byron White 1.
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June 29, 1909: Privy Council refuses to hear the case, thereby upholding the Supreme Court of Canada decision. Final score: Johnny Harris 3, Byron White 1.
October 20, 1911: If you can’t beat ‘em, join ‘em: Harris and White team up to form Slocan Star Mines Ltd., a consolidation of properties owned by Star Mining and Milling and the Byron White Co., including the Slocan Star, Rabbit Paw, and Heber Fraction.
February 1918: Slocan Star Mines Ltd. placed in liquidation.
May 1918: Silversmith Mines Ltd. organized to settle the indebtedness of Slocan Star Mines.
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For more on the principals in the case, the various court judgments, and other notes and ephemera, click here.