The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-04-06
NEARING THE END
The MayfiOwer People Offer
Further Testimony and Rest.
REBUTTAL WILL COME TODAY
And WIN Be Followed by Sur Rsbuttal-
Dickson Springs an Afidavit-A
Setting of Civil Cases.

sumed in Judge Z6ne's court promptly at II
o'clock yesterday morning, when the de-
tense called A. b. Emery, who produced
the certificate Of sale, etc, showing the
amount of ore extracted between Deem
Der II, 1889, to January IL, 1890, which was
TS5.45 tons. This ore brought $50, 0S4. GO
The expense Of mining and shipping was
S1425 ton, exclusive Of the cost of sampl-
ing, selling, etc. The net receipts from the
ore WIS 81, 923.l1.
Judge Royle objected to this testimony,
on the ground that there was mingling of
the ores extracted from beneath the
triangle and that obtained beyond. There
was no certainty about It.gs
Judge Marshall stated that the purpose
was TO show the entire amount of ore ex-
tracted from beneath the triangle and else
where during the time In question. Then
the testimony of the other witnesses for
the defense to the effect that one-fourth of
the ore came from beneath the triangle,
would show just what the proportion was
The testimony was finally admitted.
CONCENTRATES.
David Keith testified that no other was
shipped beyond that shown during the
period stated. A lot Of second class ore of
10I tons was once sent to the Union concen-
trater, prior to the shipments to the Mack
intosh, which Melted Sl99.
Arthur Brown then offered in evidence
the patent to the Fairview claim with a re-
lease to the defendants. This was objected
g by the defendants, and brief but able ar
euments were made against it.
The court held that there was evidence
tending to show that the apex was in the
F'airview, and the evidence was allowed to
go in.
THE TENDERFoeT PATENT RULED OUT.
MIR. Brown next offered the patent of
the Tenderfoot and made q strong argu-
ment in favor Of it The plaintiffs OBJ
1ected on the ground that il was imma-
terial, and after the matter had been dis
cussed ct great length the court sustained
the objection and ruled the evidence out.
TIE JURY CAUTIONED.
Before adjourning for the noon recess
Judge Zane, addressing the jury, said that
his attention had been called TO the state
ments Of the newspapers in reference to
the case. They must understand that they
mad no right TO take the articles into con-
sideration or to read them, aud should not
form any opinion or be guided by them
eli you do 500 said his honor "you 20 to
your room as periured Williams and should
80 10 the penitentiary." The reporters
bad Inadvertently, perhaps, expressed
opinions which he believed improper
There was something of the kind in the
headlines Of q paper on Sunday. The
jurors must not take anything into con-
sideration except what came 20 them in the
court room. II they did, they violated the
law OF their country and were criminals
before the law. II they had read anything
about the case they should disregard it
The reports In the papers Of course were
condensed and not given in full
Upon reassembling
IN THE AFTERNOON,
Arthur Brown offered in evidence the
patents to the Bird, Ape and NJ. c., stating
that the defendants proposed to connect
themselves with the title to each, The
patents were objected to by the plaintiffs
on the ground that they were immaterial
and the court sustained the objection.
TITLE TO TEE FATRvIEw proven.
Henry r. Atkinson, of the land Office
was then called, and he produced the rec
ords with reference 10 the survey of the
F'eirylew, all Of which were admitted in
evidence.
MIR. Brown next offered in evidence the
title to the North Pole claim but it was
withdrawn when Judge Royle stated that
the plaintiffs did not claim any apex in that
portion Of the Northland crossed by the
North Pole.
b. B, VAN DUsEN
testified that since being on the stand be-
fore he had worked in cut q, which had
been run 137 feet, and there was no por-
phyry there, nor was there in cut l. The
contact was disclosed in cut Il, and the
only band OF quartZite was encountered
there Generally there was a clay seam
between the contact, and this was also seen
in the Wine in the Court upraise MIR. Van
49, tod - !, H.,
samples from cuts and to be assayed
To Mr.. Williams, the witness stated that
be had not found any lime in the floor of
cut u de was looking for the contact,
and if there had been
Juror Cross-Which is the older forma
ton, the porphyry dykes or the minerala
Inc Nltness-Where the porphyry cuts
the vein, l sm inclined TO think, the min
eralization must have preceded the por-
phyry, because the naturalization is found
u both sides Of it.
ASSAYS OF ORE FROM THE CUTS.
J. W. Currie teBtifed-I have been in the
assay business here for eleven years. On
December 10, Of last year, b. b. Van Du-
sen gave me TWO samples Of ore to ASSAY
The first gave 14.10 ounces silver and .04
gold. The second gave 35S ounces silver
and OF gold. On April 4, Mr.. Van Dusen
gave me the three more samples: the first.
the second IL ounces silver. The third.
marked g. went .0S ounces silver.
10 Mr.. Williams the witness stated that
he had tested piece Of rock for Mr.. Viii
son for insolubility, and Mr. Dickson clio
tied the information that the piece tested
was only half an ounce in weight
WITNESS RECALLED.
David Keith was recalled and testified;
nrst wentto the Maytiower property or
February LIST, 1882 when took possession
under lease, and at once went TO work sink
ing shaft. ! took possession Of both the
surface and underground workings. aud
was never interfered with except by
TINS suit Our authority WAS partly writ
zen and partly verbal Messrs Ferry and
Dodge giving US verbal authority TO hold
MGyhOWer No. .. Our authority in the
hayhower No. was by virtue of q writ
ten lease. At all places where the contact
was disclosed. there was found seam of
clay containing manganese. Colonel E. A.
wall teBtlned that he had observed the
same thing.
Thomas Kerns testifed-I am able TO
state that at nearly ali places in this mine
there Is clay containing manganese.
Engineer Brooks was recalled and testi-
fed that the defendants sectional map
was correct.
Mr.. Longmsid was recalled and ex-
ahmed very briefly on one point, and
Stuart Stephenson took the stand at the
request Of Mr.. Dickson. MIR Stephenson
stated that when he testified before the
Court upra!se was in the vein for sixty
feet, but he didn't think ii was in the VEN
a. the face.
DICKSON SPRINGS AN AFFIDAVIT.
Mr.. Dickson here handed the witness an
sficavit and asked him to examine 1t and
state whether It was his or not. The wit