Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1883-11-13
THE ZIG SUIT.
The Opening Day OF the Holmes
Northern Belle Litigation.

was large crowd OF witnesses, ex
perts, lawyers. surveyors and jury
men in front of the U. S. Cour
building ready to take part in thu
Holmes Northern Belle mining
suit. It is the bigges: case tried
| in this city since Burke ct al triee
| to cross-cut the Bonanza dividends
some years ago, and the interest IL
the case was very great. When the
case was called a formidable army
Of the legal fraternity gathered in
front of the long tables, and it j.
| said that such an aggregation Of
legal brains and experience waf
never before gathered in the city in
! one suit. Owing to the smallness
| Of the U. S. Court room the Dis
trict Courtroom was used. Tke
Holmes people having the opening
| came in first with maps AMI plans
Of the ground in dispute. The
! map hung on the right OF the Court
and in front Of the jury was an
elaborate plan in wood Of the mine.
Curiously carved ribs Of wood rep
resented the contour Of the bill,
aad multitude of various colored
sticks represented the inner work
ings, traced from the apex of the
Northern Berle down to the lowest
level worked. When the affair was
first brought in the jury regarded
it with suspicion as they feared it
might he loaded. Even the mana
gers, who had designed the appara-
tus, handled it very gingerly, and
well they might az it represented
menths of hard labor xnd was so
delicately constructed that it would
bear very little rough handling.
THEJURY.
The first juror drawn from the
box was F. D. Meager; he was ex-
cused by the defence. Jas. Ban
man, Theo Vinson and Jas. Phelan
were also drawn and excused, the
last by the .plaiLtiff. w. Fl. Oliver
was the first juror accepted and
sworn; Miles Goodman was excused
by the plaintiff and J. +. Hough
man, D. G. Kitzmeyer. Fl. 2. Burn
han, j. 0. Beanetts. r. G. Mea-
cham and Geo. Beecroft were ac-
copied and sworn in succession;
the next six were excused, and S.
G. Fergus. A. D Treadway. H. J.
T. Scheel, Michael Young and Z.
K. Hvmers completed the aist and
the curry was accepted and sworn.
It now being noon recess of one
hour was taken. When the court
led Col. Thornton. for the
Northern Belle asked that the wit
nesses be put under the rule ex-
all witnesses from the
court room. Judge Heydenfslt
also spoke to this motion. Judge
Boalt for the Hclmes said he was
as anxious as the others to have the
rule rigid one. Judge Mesick
that he had never seen
the rule applied to experts in min
ing suits as thsy were simply there
to express geological opinions.
Judges Sawyer and Sabin held q
and Judge Sawyer
held that the witnesses could be !
exc .uded by consent Of both par
ties. He had never seen it done
and it would seem that the experts |!
On one side must necessarily IN
lerstand the theory If the other ex-
oerts to meet and combat them. |
Mr. Wren held that it was custom
Try to exclude witnesses; he was
willing that each side should retain |
IN expert in court and the other
witnesses should be excluded. The |
attorneys finally agreed on two ex-
,erts apiece.
THE OPENING.
Judge Boalt made the opening
the main feature If
which was the allegation that the
Northern Belle Company had gone
yer their end boundary lines and ex
rac.ed ore from the Holmes ground
nd damages for trespass was asked
or
OUTLINE OF THE DEFENSE.
There was much curiosity manifest
d bv the spectators to know what
be defense would be as mp to the