Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-04-07
TIE MINING SUIT.


When the trial Of the Nufthland.
Mayil1wcr mining sult was resumed
In Judge Z,ue's court yesterday after
noon, Judge Roylc offered In evidence
aflldavits oil .. a. Palmer and David
Keith, made before the trial, TO show
that they had made statements differ
.nt from theis testimony on the stand.
hlr. DicksOn-Judge Royle very
well knows that Il would he improper
10 introduce these Hiiidayits tot suoh a
purpose without hr.t calling the atlcn.
ton Of the witnesses to the statements
therein contained. As matter OF fact
however, there IL not In the Hfiidavits
Hnystatement different from the testi-
mony Of the witnesses, aud for that rea-
son we do not object to the afildavits
being introduced, although we might
10 sn. merely make this statement
IN order 90 show the uufaig methods OF
counsel In the tidal VI thia case.
Judge Roylo--i am not Va the habit
OF irving cases unfairly.
The Judge then proceeded 10 read
the Aiildavtls, AMI irUm simply hear.
ing them there did not appear 10 be
any startling difference between the
niliIavlts and the testimony given by
the witnesses on the stand,
Charles Street WIS then called by the
plaintiffs in robutlsl. lie testified TO
having male al examination OF the
Falfview mine incline In 1876. There
were mineral status from thvgtsss roofs
TO the bottom OF tho shaft, follow ing y
frHurO. aud he then went On TO testify
10 the strike and the dip.
On examination the witness
stated 10 Mr.. Dickson thai he was nearly
8S years Of age, ana commenced work.
lug In mines when he was htout 10
years Of age, which would be shout the
time he testified 10 having made an
examination Ut the FaiTvicw incline
anu noted the dip and strike Of the bed.
IL was perhaps three.luar,er- Of n mile
from the incline whore he made Hn OH.
seryntlon ui the dip aud strike. He did
not 70 down tue incline again until
1850, when he male two visits, aud he
wac On the ground again Ia is01. He
believed that Col. Nelson had III ipped
orc from this lnolinr. lie thought there
was iis,urc Ia cut o, but didn't testify
a. 10 II NJ the last trial.
Richard Macintosh, the owner Of
the sampler al Park CITY, testified that
he received ores from the Mas flower la
the latter Part Of 1850 and carly IN 1894.
From December ~, 1859, In January
"a, 1890, lac received from theMayillwer
total Of 9j7 tons. 80 ore wRs received
from March -, 1859, until Apfil 70,
1890.
Frank II. White described the line
Of cuts extending around 90 the FAIR.
view and the Fairview incline.
ON eros examination MI. Dlcfson
elected tho fact that the witness was
tcstifyiug from notes written two years
after his examination, and madu for
th, purpose OF tes,iiying irom NJ the
Trial. Mg. Dickson then Insisted on
taxing the deieudaups notes, ami he
soon discovered that certain notes
made In the book had been marked
out or changed, by way of correction.
Nr. White testified that lac did not take
tho dip Of the lime beds at The Fair
view. The contact was disclosed In
cut ., and he found vein matter, clay
aud manganese In cut o.
"Did you take the dip In cut 7?p
"No.1
'tWhy not.n
at Ia not reliable there"
"Isn'l II n fact that YOU took note
Of the dip anu have erased itgH
"ln making a note | mado n mis-
take and wrote dip Instead Of course"
"piin't you IND vein matter tlere?"
"Ses, clay ami manganese, but |
donit believe it would assay"
"liavo you any note about iis.
sutu?"
"NO, SIR"
elbow was II that you omitted TO
note that most important feature?
Wasn't you examined on this cut at
the last trial, ard did you make any
mention oi a flnureg"
"Ifl didn't mention II, It was be.
cause wasn't asked.D
Mir, Williams Your memorandum
ns to the Fulrview shat was recollee.
ton Of what you said two years before
tho memorandum was written"
"les.D
Thomas Venari first described the
Fairyicw SHAFT for flity feet down, and
then started on tour through the cuts.
In cut he found quarlzito and con.
tact, IL Gu, 4 tho dip was not reliable.
In cut the dip was ABOUT 20 degrees,
with u foot wall Of quarizile and a
hanging wall Of lime. Ia No. o the
dip was The same, and there was some
stain. In No. there was tunnel Of
% feet IN. with a foot wall OF quarl1ite
ANA hanging wall OF lme.
There was vein there about
Us inches, containing n mixture
NJ little Of everything except ORE"
In eur 8, the dip was 20 degrees. At
ifbl he Thought there was contact, IA
there vas little vein, but on closer
examination lie changed his MUD.
No. 0 WIS an open cut, In about 30
feet. Tho shat showed four-loot
vein, all ia qlarI1itu, the dip being
we'll defined al hnh but unreliable
further in. There was no contact In
this cut; everything was quartEite.
The veins disclosed In cuts and .
were, In his opiuion, not the same, but
10 went IN good ways and showed
quaItElte. lie saw neither quartzite
nor vein there, but VI was In quarlzile,
dipping - degrees westerly, with
lime hanging wall, contact and n vein.
Cut IL vas asmill, open cut, in quartz
itd. There was Q contact between lime
and qusTlzite, with vein disclosed.
In ont a tle din WAS not relinhis