The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-04-10
THE AGONY IS OVER
and the Mayfewer People Claim
a Complete Victory.
HOW THE VERDICT WAS RECEIVED
The Jury Gives the Plaintiffs $4,000 Damage
But Limits Their Rights to the
Noithlsnd-Notes.
Promptly at 10 O'Clock yesterday morn

Promptly at 10 O'Clock yesterday morn
ing
W. H. DICKSON
resumed his argument for the defense in
the great Northland- case. He
at once TOOK up the plaintiffs theory, an
alysed it, dissected it and presented his de-
ductions from the evidence very forcibly
Mr.. Dickson next referred to the fact that
all witnesses for both sides agreed that ex-
tending away from the Fairview and max
ing directly for the vein in the workings
was another vein. But some of the wit
nesses, for the first time. claimed that the
latter was assure. Why, in cut Z, they
all admitted that there was good vein,
and the assay introduced showed that the
vein went Il ounces in silver: wasn't that
pretty good prospect! MIR. Stephenson.
when first on the stand, swore that the
Court uprsise was in the vein. When
recalled, he said it wasn't in the
Vein. Still he said that there was
40 doubt but that it was in the vein
5or 6255 feet, while in his affidavit, which
had been offered in evidence, he said that
In no part of the upraise was IT run on the
contact Mr. Wilson also said in the afi-
oavlt that the upralse wasn't in the vein,
that there was no vein there. Still when
he came on the stand, be had to admit that
IL was IN the vein. How was this accounted
for. Why, simply, because al the time
when these affidavits were made, they
hadn't thought of the
PORPHYRY DYKE.
That was ell there was to it. Witnesses
who w0Vk@ make such statements, wit
nesses who would change their note books
IN the court room. witnesses who tiatly
contradictec each other, were certainly
not entitled 10 full credence, and their
testimony must be
VIEWED WITH SUSPICION.
If lines were drawn down to the apex in
the Eairyiew. il would be seen at once
that it took in the triangle and the de-
PENDANTS had a right to il. Where did the.
plaintiffs say their apex was! Why, it
was wherever that porphyry dyke was.
But where, oh where, was that porphyry
dyke! In order to recover at all, they must
show that the vein entered and departed
their ground in such way as to give them
the vein. The plRinti witnesses are dis
agreed as to where the vein entered the
Jenny Lind, but who of them all had said
where the vein went after entering. TAX
ing up the porpbyry dixie" Mr. Dickson
showed how different was the plaintiffs
claim as to its course in the last trial as
compared with their claim in this Long
AluIh EAU Gheb luG SAIlho VI Jug -QXkG'f AT
the Jenny Lind discovery was sixty five
west. And yet, Just $50 feet away, its
strike was shown by them to be fifteen
west. What was there in the case to sup
port their claim as TO the porphyry. Mr.
Scott, witness for the defense, gave it as
his opinion that the dyke was the subse-
Quent formation, ana cut the vein. If this
was true, what rhyme or reason was there
IN the claim
THAT THE DYKE STOPPED THE vEINa
There was no question but that the vein
was found on both sides of the dyke if the
dyke was there.
In closing his mastery address, MIR.
Dickson said: ''Genuemen of the Jury. we
have no appeal TO make that you reward
the poor man or punish the rich. We
simply ask you TO render a true verdict
here. We could not ask for anything less.
We want
NO COMPROMISE VERDICT,
gentlemen, that they are entitled TO the
little bit Of ore taken from beneath the
triangle, unless you believe we have not
connected ourselves with the vein which
would take that ore. Gentlemen, do your
duty, and let the consequences take care of
themselves
Mr.. Dickson spoke, altogether, just two
hours and twenty minutes, ana was fol-
lowed by
ARTHUR BROWN,
who closed for the defense. At the outset.
he called the courts attention to the
motion Tor non suit as TO all ground out
side of the triangle, and spoke briefly in
support Of the motion, asking that the Jury
be limited in their consideration TO the
triangle. He then addressed himself to
The jury, and criticized Judge Royle for
lis remarkable appeal to the prejudice of
the jury. As q matter of fact, the defend
ants were the poor man, but that cut no
figure whatever.
Equal handed justice best protects the poor,
AS It protects the rich alike. =
Mr.. Brown next referred to the law of
apex, and said that the defendants were
standing here for the vindicAtion of that
law, and he was satisfied that the Jury
would defend ii. This whole Northland
claim, which contained no vein whatever.
WAS FRAUD AND A STEAL
on the citizens of the Park, and the efforts
OF those men to come in snd get something
was an attempt TO blackmail WHAT tres
uass was there in this case! Why the de-
PENDANTS discovered a vein OF ore, and
were rightfully prospecting on it. That
was all. The ore was in pipes, aud the de- !
PENDANTS having tapped a pipe at its head I
were following 1t down on it's true dip. SO /
In fact the defendants were the ones who /
were in possession OF the GRE body These
property. Not only were the defendants /
in actual possession Of the vein, but they
were the true discovcrers OF the aDex. /
Colonel Wall saw the situation long before |
and concluded that the apex was in the |
t'airyiew. Then the defendants, through |
David Keith, bought up the Fairview from
Wall, who prchted ny the transaction. |
Being right in their contentious as to the
other facts, there could be 10 doubt that /
the defendants were entitled TO verdict |
of mo cause OF action They were emit 4
tied TO this because they had the apex. and /
a compromise verdict. even for dollar. /
would lead TO endless litigation, judge /
Royle said that the formation proved by |
the defense struck him
AS CIRCUS.
That was doubtless due to Judge Royle's /
genial snd sunny nature. II struck MIR. =
Brown differently. TO MIN the earLhouake
and volcano Were rot circus but natures !
great chorus, while the glaciers preached a |
mighty sermon, telling Of the eerta's true
formation ana sweeping into the sea the (
errors OF mythology and the sectarians. /
The attorney next described the formation
OF veins in imestones, supporting his prop
ositions by reading from the authorities on I
geology. He next asserted that il had .
been proved conciusiyely and beyond all |
controversy that the footwail in the work.
again that the quartzlte was still below
and that no other bed had come IN. The
line Of cuts around to the FairvIew showed
beyond doubt that The same bed extended
there The plaintiffs had simply tried
TO DODGE THE GREAT FACTS
in issue here, and they had done SO by sub
vertlng the truth. 1t was a waste of time
10 talk about the porphyry ''dyken CUTTING
on The vein. Ii was child's play, as was