The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-01-13
LAST CHANCE SUIT
1t is Exciting Great Interest in
Boise City.
THE JURY LOOKS VERY WEARY
Immense Sums of Money lnyolyed-A Question
of Priority of LOcatiOns-Register's
Certificate as Evidence.

BOISE CITY, Idaho. Jan. 12.-TSpecial
Telegram TO THE HERALD. United States
court, Judge Beatty presiding, was
crowded this morning to hear the opening
of the celebrated Tyler Last Chance min
ing suit. The following are the jurors in
the case: Oliver Perkins, P Galagh er,
George NJ. Winkler, c. P. Oliver, George
Pettingill, Hugo playhouse, A. S.
Senter, j. E. Uttley, j. D. Heath,
Thomas Logan, A. w. Spaulding, j. n.
Wallace. They had been out all night
under charge of the bailiff and
DID NOT LOOK GooD-NATURED
as they filed into the room and took their
seats. This suit is by far the most i'm
portant one ever tried in Idaho as it in
volves probably a million dollars. The
claims were located in 1889, that of
the last Chance being on September
Ia and Tyler September 20. 1t is claimed
by the Tyler men that the recorded date
OF location of the Last Chance is not cor
rect ana that they have in TACT priority
OF location. This they will try to est ab-
Ish IN the present suit. In a former
suit in which priority was the main ques-
ton as tried in 1899, the Last Chance
was victorious and the ground in contest
Was given to TO that property. Work on the
! Tyler, as shown by the diagram in
evidence, IS tunnel and incline striking
/ the vein at depth of 800 feet which finally
broke into the Last Chance works. One
point involved is that of out-crop The
Tyler men claim that it is the vein that
RUNS INTO TIE LAST CHANCE
and that they have right to itwithin their
end lines extended, and that the Las,
Chance thould be instructed to that
portion of the vein covered by It's location
followed between lines running at right
angles to the strike of the lode which is
held to be about n. IS degrees W., having a
dip to the southwest into the mountain OF
about 10 degrees. In case the Tyler men
/ establish their claim it will secure a vast
body of valuable ORE
The Last Chance men hold that the out
crop set up by the Tyler men is nothing
but the line of the foot-wall ledge, which
Is of great width, the hanging-wall OF
which is still beyond the lines of the Last
Chance and has never been found; that the
Last Chauce is located on the east-creep OF
this lode and that being the elder location
1t has right to all the mineral within its
lines.
The litigation is an action of election
brought in 1891, when Tyler broke into the
Last Chance.
AN INJUNCTION WAS GRANTED
by Justice Field restraining the Las
Chance from working the disputed ground
which order was modified last October py
Judge Beatty so that work could go OF
under the supervision of an agent of tht
court who handles the ora and profits from
the mine subject now to the result of the
present suit.
Chance while Tyler is represented
by Hyde, Mcbride and Allen anc
Arthur Brown, of Salt Lake. a
number of expert witnesses will TAKE
the stand for each side. w. G. Gala
CHER, of Montana; William Toole, of Butte
and Thomas Gibbons, OF Salt Lake, vii
testify for the Tyler people. while John M
Burke, A. d. Foote and others will be wit
nesses for The Last Chance. In addition.
number Of miners will testify on each side
a great fight day occurred over tn,
proposition OF the plaintiff to admit
A CERTIFICATE OF REGISTER AS PROOF Of
TITLE.
Objections were made by counsel and tn,
matter was argued at length by Mr. Hey
burn and MIR. Arthur Brown. Judg
Beatty finally admitted the certificate sub
iect to objection of counsel and TO his in
sLructions to the jury in case he SHOULD
conclude on more mature thought, that
had been admitted wrongfully.
Regents K. Z. johnson and Nathan Falk
OF this city, will receive applications TO
location of two experimental stations il
south Idaho, one in high and the other il
low altitude of the agricultural belt
Possession of the land, the water right
ana bui.dings proposed to be donated mus
, be delivered to the board of regents in tim
, to put in the spring crop; a $1,000
bond TO secure good faith must accompan,
, applications. The aim is to secur
the money appropriated by the governmen
for establishing such experimental stations
, This scheme will be attempted under tn
, auspices of the University of Idaho a
Moscow.
The machinery for foundry and ma
chine shops for this place is now here
Attempts are now making to raise s., 900 t
build stamp mill and smelter IL will Il
doubt be done.