The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-12-20
A MINING SUIT.
How the Sierra Nevada Company
Defeated GUpin.
Plaintiff Not Owning the Apex of the Vein
Did Not own the Yein-state Supreme
Court Terms Set.

BOISE, Ida, Dec. 19.-TSpecial telegram
to The HERALD. The grounds upon which
counsel for the defense, Messrs. Hagan
aud Mcbride, asked and obtained q verdict
for their client in the celebrated case of
Gilpin VS.. Sierra Nevada Mining company
were as follows: THAT the pleadings in
this case 90 not allege that the plaintiff was
the owner of, or in the possession of ore or
rock in place bearing precious metal at
any time prior to the commencement of the
suit; that he was even ousted or rejected
from any such vein by the defendant
2-That the plaintiff has failed to show
that he is the owner of the vein or lode in
the ground in dispute or that he has the
apex thereof within the exterior bound
aries of his said mining claims, or either of
them.
3-Tbat the evidence shows that the de-
fendant has followed its vein OF ore from
IS apex.an outcrop on the dip through its
side lines and within its end lines.
THAT the evidence shows that the de-
PENDANT is following its vein from the out
crop thereof outside of any claim or claims
in its downward course and through its
side lines and no other vein whatever and
that the plaintiff does not own such vein
nor has the apex or outcrop thereof within
his said mining claim as mentioned in the
complaint herein.
5-That the evidence shows that the
plaintiff is, and has been since 1887, in the
possession of said mining claims, to-wit:
The Rambler, Tip Top and Apex, and has
never been ousted therefrom by the de-
PENDANT
6-That the evidence shows, when taken
altogether, that the plaintiff has failed to
prove the allegations of his complaint or
prove any case emitting him to a verdict,
Or any case that entities him to submit it
to the jury other than under the instruc-
ton OF the court to find a verdict as herein
first prayed for.
THAT the evidence shows that plain
tiff has no cause of action against the de-
fendaut and proved none and is not en-
titled to writ of restitution against the
defendant for any ground, land or premises
mentioned and described in the complaint
herein.
The court, following q parallel decision
of Judge Knowles, of Montana, held that
the plaintiff, not owning the apex of the
vein, did not own the vein itself and that
the defendants had the right to follow the
vein. Therefore the motion of Mr. Hagan
was sustained. Of course an appeal will
be taken in the case but it will not cut
much figure as meanwhile the mine that
has been idle for about three years will be
run to its fullest capacity. Mr.. Hepburn,
one of the attorneys for plaintiff, expressed
himself as being much surprised at the de-
cision of Judge Beatty, but said he had no
fears of final victory.
The state supreme court adjourned for
the term and the United States court till
Monday morning. 1t is probable that no
very important cases will come up in the
United States court until after the holi-
days. The case of j. M. Burke VS.. Scott
Mcdonald is still under advisement by
court.
In the matter of Hawkins VS. the Spo-
kane Hydralic Mining company, respond
ent, is granted till January l to file petit
ton for rehearing.
Cases were set for trial as follows. q
majority of the defendants being timber
depredators: William Henderson, John
Wakely and M. P. Bullock, December "a;
Walter Cole, VIM. b. Shepard, Walter
Hoge ct al, William Smith, John Passy,
n. Sorenson, Walter Cole, ct al, Dec. 80.
An action was commenced in the district
court yesterday the result of which will be
the determination of the northern bound
airy of Boise City.
La grippe is quite the rage here at pres
ent, there being some hundred cases in
town.
Times for holding state supreme court
were ordered as follows: At Boise on the
second Monday of January and November
and at Lewiston the third Monday of
March and the second Monday in October
of each year.