The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-12-20
CHARGE TO THE JURY
In the Celebrated NGrthland
MayfiOwer Suit.
NO VERDICT REACHED YET.
Woman Deserted and Left Destitate by a
Truant Husband Lawyer Corey In
Jail-Probate.

No verdict has been arrived at by the jury
trying the Northland- Mayflower mining suit
for trespass in the Third district court as
yet. The case was given to the jury at
3:45 yesterday afternoon and at IL o'clock
last night they were unable to agree. There
is possibility that Judge Zane will dis
charge the jury to-day if no verdict has
been arrived at The closing arguments
in the case were indeed ably and skilfully
made. At half-past o'clock Judge Zane
addressed the jury as follows:
JUDGE zANE's CHARGE.
Gentlemen of the Jury:
The court charges you that if you believe,
from the evidence, that the plaintiffs at the
date OF the alleged trespasses, were in posses
sion OF the Northland claim. and that the al
legged trespaSses were committed by the de-
PENDANTS npon vein within The lines of
the NoTthland claim extended downward
vertically, plaintiffs have made prima facie
the right to enter upon such claim and take ore
thereirom rests upon the defendants
And if the jury further believe, from the evi-
dence, that plaintiffs were in pOSSeSSioe there
of and that part of the vein therein, under a
lease or license from the owners of said claim
and said vein at the dates of the alleged tres
passes; and that such owners had given them
the right to hold said property, and to take and
appropriate the ores therefrom, and that during
the dates aforesaid defendants entered upon
such possession and took and carried away the
ores therefrom, the jury should find verdict for
the plaintiffs
The court further charges you that a vein or
lode within the meaning of the act of Congress
is mineralized and ore bearing rock in place,
having detinaDle boundaries. II may be in the
form of a assure in the earth'S crust in which
the minerals have been deposited, or in the
form of contact vein lode; that is to say,
when the naturalization of metals occur along
the cOnTlpI DefWaen different rock form a
tons; or II may be a bedded vein and the
naturalization may extend to the contact or
such naturalization may be wholly within one
rock formation. Such naturalization may be
narrow at places. and widen to q cons derable
extent at other places; it may, for consider
able distance, be nearly or quite barren OF the
precious metals and still be a vein or lode.
The locator of a mining claim has the eXclu-
sive right of possession and enjoyment OF all
the surface within the lines of his location, and
of all veins, lodeS and lodges throughout their
entire depth, the top or apex of which lies in
side of such surface lines extended down verti-
cally, although such vein, lodeS or Lodges may
so lar depart from the perpendicular IN their
course downward as 10 extend outside the YER
teal side lines Of Sach surface location.
The apex of vein is that portion of it which
outcrops or comes nearest to the surface and
beyond which ii does not extend in Its upward
course. The strike of a vein is its longitudinal
course. The dip of the vein is the angle at
which 1t penetrates the earth on its downward
course.
One who has made valid location upon the
top or apex OF a vein becomes the owner of that
portion of the vein which on its strike is in
cluded within the surface limits or boundaries
OF his location, as laid upon the surface,
throughout the entire depth of that portion of
the VEN, although such vein IN lis down =
ward course may so far depart from a
perpendicular plane as to extend beyond the
side lines of the surface location. The owner
of the apex OF the vein is entitled to and is pre-
sumed 10 be IN possession of ali that portion of
the vein throughout its entire depth, the course
and strike of which at the apex is included in
the surface boundaries OF his location.
In making mining claim location, it is not
necessary that the locator should lay his claim
with the true strike of the vein. If he locates
an outcrop where 1t shows on the surface he
will be entitled to follow that CLAIM on its in
clination into the ground, although in making
that inclination the vein does not run on the
true dip, but runs obliquely with the true dip,
the right of such locator being limited only
by the end lines of his claim, extended down
vertically.
Proof of title to land is proof of possession
thereof unless some other is shown to be ac
tually in the control and occupancy of the land
II you believe from preponderence of the
evidence that the ore mined and extracted by
the defendants IF m beneath the triangle rep
resented on the plaintiffs map was extracted
from lode or vein, the top or apex of which is
contained within the surface boundaries OF
mining claim owned by the defendants or any
! or either Of them, or by some person who had
authorized the defendants to extract the same
y
fact that the apex of that part of the vein
within the triangle and in dispute was within
some mining claim owned by persons with
whom the defendants or any of them have moi
proven any connection by lease or otherwise
| is no defense to this action.
Though you may believe from preponder-
| ance OF the evidence that the defendants com
mitted the trespasseS complained Of and thai
! the apex of the vein was in a claim owned by
| persons from which the defendants held nc
/ right and were not connected; vet if Won fur
| Their believe from the evidence that such owners
| afterwards released to the defendants all dam
ages for such trespasses, you cannot find for the
/ plaintiffs more than nominal damages
II you ind from preponderance of the evi.
de1ce that the defendants committed the tres
passes as alleged by the plaintiffs and that The
/ damages IN consequence thereof have not beer
/ released to the defendants by any person or per
1 sons having the right to do so. then YOU Should
! assess plaintiffs damages at the amount of the
/ market value OF the ores taken, less the neces
sary cost OF extracting them and placing them
upon the market
The court further charges you that YOU are
| the sole Judges OF the credibility of the wit
neSSeS. and in so doing You have a riuh+ tn ~ lyf
! into consideration their deportment unon thf
witness stand, their opportunities and capaci
! ties TO understand and remember the state.
ments they made, the interest or the absence o.
II IN the result OF the suit, their aDDareDt frank,
ness and candor or the lack of il the fact tina
| their statements may be reasonable or mn
reasonable in the light of the evidence and an,
| TACT IN evidence which in your Judgment affect
| their credlblllty. 1t is also your sole dutv II
weigh the evidence, and in doing it Won shouIC
consider It altogether, and not give undnt
I weight to the testimony of any witness or Il
any fact; you should consider the eyidene,
fairly and impartia ly.
! Ii you find the issues for the plaintiff Won will
state IN your verdict the amount Of damage
found, and if you fiud the issues for the defend
ant you VIII so state in your verdict.