Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-03-30

aYou found the blue sparry lime In
tbe Court upraise?
,Yea.v
"Haven'l you found calcarious
qnartzlte underlying this vein at vAri-
Gus points all along ~
ayes, but don't know that they
are all Of the same bed"
"Can you give TO the jury any rea.
son why this luartzlto In the east up
raise is not continuous"
"well, the limestone lie not continu.
Gus In all places there, and | see no
reason why the quartzite should be. IL
ian matter upon which n decided Opin.
ion caunOt be given. The quart1ite
cut et the two points of the upfaise may
or may no, be the same"
nTo which opinion do you incllns2"
"Rather 10 tue opinion that II is
not" :
WAnd II h your opinion today that
the ppex NJ the vein IL at the face NJ
the Nofthland shaft, In thu Nevada
lDde7"
UThe visible apex, certainly"
ado you think the vein continues on
the iauitGn
"Well. that only can he determined
by future development. AZ may run
on"
'rhen, on the last trial, what did
you intend the jury 10 understand
when you said that tue probable apex
formed that ralsc2"
~ had NO thought Whatever a. 10
the effect on the jury2"
"well, what did you mean"
"rhat the vein, " IL continues, Is a
little, thin sealn, ami " found could
not be recognized"
Going then 10 the porphyry dyke,
the witness admitted thai The repre-.
tenlati0u on the nRp of the corner "
the dyke, a- used al the last trial, was
an exRgi,eratiou. "But " was none
OF my dUings," said Mt. LOugmaid.
The work done since then had shown
their theories about tue dyke were In
correct.
"lsn't It fact. 4" asked Mir. Dickson,
"that the work done by the plaintiffs
In the cuts has disclosed that this
porphyry Is simply local and ret a
dyke2"
Mt. Dickson next testod the knOWl-
edge OF the witness la tho science Of
&c logy, by reading from authorities Oh
vein formation, the composition OF
various rocks, ETC., and II was nearly
o'clock when Mr.. Dickson turned the
witness over To bIr. Williams, who
asked,
care you interested In the result q
this suil2"
"No,p
Robert Gorlinski was called by the
plaintiffs. He gave great many elo-
yations, and on cfOEs.eXamlnatiOn by
Judge Marshall, he stated that although
the poIphyIy was disclosed In cuts two
and three, he had never taken the
strike there,
G.. T., street was recalled and stated
to Mr.. Dickson that In making his estl.
mate Of the amount oil ore extracted In
the triangle no had not gone outside
oi the vertical planes down through
three sides Of the triangle.
The plaintiffs here offered the map,
In evidence and MIR. Williams said
1--WE rest.n
Attorney Arthur Brown then took
the floor and moved the court for non
suit as 10 any premises described In
the complaint outside OF what Il known
IA the "trlangle," on the following
grounds That 1t 10 not pretended or
claimed, and no evidence hiss buen In
trOducei 10 show that the plaintiffs are
the owners OF the apex OF any part OF
the vein outside OF and beyond said
triangle. That no evidence has been
Introduced 10 show that any part Of
the apex Of the said vuln beyond the
said triangle lies either within the
Nevada OF NOrthland mining claims.
That no evidence Of any damages In
this action OF trespsss has been shown
outside OF the triangle. There IA not
sufficient description Of any vein out
side of said triangle upon which palm
tbs are entitled TO recover, either In
the complaint or In the proof. That
the lease does not give the lessces any
right 10 follow any vein outside OF the
Northland and Nevada claims, II said
vein does not apex IN said claims.
MIR. Brown made n brief argument Ia
support Of the motion and for nom
tult. In opposing II, Judge ROyle
objected strenuouply TO the motion be-
Ing granted, insisting that the plain
tf. were entitled to recover for ores
taken beyond tho trough up to GER
tain time.
The Court-The question arises as to
whether even II the vein did apex In
the Central Hin, Is II a portion OF the
NOrthland OF Nevada lodes, to which
the plaintiffs have the lease, would II
not be- tue Central Hin lode?
Judge Roylu-l think not.
The arguments were then renewed,
and the law OF trespass, etc, disco d
nj length.
His Honor then said TO Mr.. Dickson:
suppose the proper time to rave limi'
led tue plaintiffs would have been
when they offered the evidence,
Mr.. Diokson--Yes, your Honor bui
for We fact that We couldn't tell where
they claimed tho apex To be. IL will
he remembered that We tried TO get
them TO say where II was, but failed.
The Court--Yes, they have not
proved damage beyond the Northland,
and | am inclined TO control the mat
ter by Instructions.
Mr. Dlckson-That In satisfactory
1t may be limited In that way,
Attorney Arthur Brown then came
forward with GuOthe. motion for non
suit, this time as to all OF the deit nj
ants named IN the complaint exoepl
Keith, Koarns and Judge. None OF
the others Mere shown 10 have tn,
slightest interest IN the matter, aud h,
moved that 1t DO limited to thos,