Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-04-09
TIE ARGUMENTS.
They Began Yesterday Afternoon in
lhe Great EilIns Suit.
JUDGE ROYLE LEADS orr.


shortly before neon yesterday In the
Northland Mayhower mining suit,
which for the last fortnight has occu.
Med the time Of Judge Zane aud a
Jury, the arguments commenced at .
p. N.
Judge Royle firsl went iotho wicke's
on the side Of tho Nofihlnud poo
plc. and ho handled The bat In
most skllml manner. His
long connection and familiarity with
the case, his knowledge Of the science
ofmlning aud his ability as lawyer
all told strongly, aud not a circum-
stance In tho PLAINTIFF favor was
overlooked by him. lie commenced
bv referring to the PLAINTIFF Interest
In TN, NorthlAnd md the condition VI
Attain. there, and Insisted that the
harden Of establishing the apex was on
tb. defendants. lie attacked the theory
oftbe defence ~ 10 the formation with
Yldlcuie. and then wont on to criticize
severely the testimony OF the witnesses
for that side. Judge Royle then pro-
ceedei to discuss the line Of cuts cN'
tending around from the Fairview and
fla which the contact and vein, iissusu
orbedded, Ia found. lie next gave his
views AZ to what constituted a vein aud
apex, and ~ on, combating the def
uitions Of tho defense on these sub.
Jrcts. Judge Roylo thon said that the
plaintiffs were poor men who were
being overrliden by the rich, AMI In
closing with general discussion Of
ne case ho displayed great warmth
nd feeling not to say passion.
judge ROyio spoke for just m honr
and half and was followed by w. u.
Dickson, for the defense. His diicuss.
ion was fair, calm and logical enc,
aud must have Impressed In a gresior
or less degree all VINO heard him. lie
commenced by saying that Judgh
Royleis appeal to the preiui.ces aud
passions OF men IN his laudntiOn Of his
clients waB al insult TO every man Oh.
tho Jury. What in the name of reason
AND common sense WAS u made for?
He next attacked Judge ROyle's de.
fnition OF thunpeX, which lac character.
ICED as ridiculous, hnd au attempt 20
mi.lead aud beiur those " the Jurors
who had no practical knowledge Of
mluinT. Mr.. Dickson then combat
ed Judge II oyl,'s definition oi
a vein by reading Judge Inhe's
definition as contained In his hOnor's
charge 10 the jury on the former trial
OF the samu case. In discussing the
evidence, Mr.. Dickson passed over the
mars OF dotSils and circumstances,
and seized upon. the essen
tlal ana compiling feature Of
the controversy. II WAS agreed that
the bcdded vein here WIS found In
limestone, but was not confined to any
particular bedding planes. There wero
number Authorizations OF this In this
mine, the or. In many places going up
to tbs blue sparry lime above, bat not
passing beyond ", and making down
10 the qusrtzits footwall, but not going
into or through u. Even with the
superficial examination q the io0twrll
By witnesses Tor the plaintiff, they did
not say that the ore, for considerable
distances at least throughout tie work
iugs, did not come down Aud rest upon
the guarlzite. Tho attorney then went
on 10 name some nf the numerous
places where quartZlte was proven 10
be- the footvall, aud said that he was
Justified in assuming that the footwail
was proved bvvuuI controversy 10 be-
uuart1ite. 80 iar ~ the plaintiffs went
beyond the vertical side lines Of theis
claim, the burden was on them 10
show the apex In the ground. Taking
up, then, the all.lmportant subject
OF apex, u line which passed through
from the WilmAn discovery WAS
shown 20 DO on practically the same
elevation and on the Same strike. The
elevation OF cut II, at It's face, was 80,
and the elevation Of cut q was 1876,
practically the same, anu when the
test WAS applied, It was found that both
were on the strike Of the vein beyond
controversy. Keeping In mind tho
elevation OF these cuts, II would be seen
AZ once that 1t would be impossible for
any intervening telt of quatt2ite TO
come In between them. Why, away
back In 1850, Colonel Wall, q stranger
to the suit and who stood fair before
this community, made an examination
Of this ground anu located the apex at
that time. long before tuis suit was
dreamed Of, Just whsre the deionso had
proven II TO be today. Colonel WRiltts
titled that when he arrived a. this con-
Cluslon he obtained control Of the stock
OF the FairyieS company, aud when
Judge R1yle asked him why he didn't
hold on To II and make something
out of Il, no replied, ~ DID," he
did because he sold his intereets 10
these defendants, who now controlled
the stock Next taking up tue
subject Of the formation, Mt. Dickson
showed how the witness for the plain.
titis dlsagreed among themselves Rs to
what was Limestone aud wha. was
quarlEite. by comparing the teali'
mony OF the witnesses on ,he subject
Mr. Dickson brought out his point Ia
very strong light. Then tracing the
line OF the vein from the heat OF the
Court upraise, where tho contact was
shown, on cut Z, where the contact
was also shown, by the elevation aud
DIP, Mr., Dickson showed that the vein
Hpexed here, az illustrated upon thd
defendants sectional map. The inC0r-
Teotness OF the claim Of The defense ~
10 the formation " the hill was shown
pgaln ty cuts y aud ~, the testimony
in IL gard TO which had not been dis.
puted by any witness for the plaintiffs
The existence Of he qung,Lite on the
crest OF tho I'LL again was proved be-
you'd all question by the line OF lot.
tered cuts extending around II. The
other cuts let no escape from ihe con-
clusion that the contact quattzlto there
was the same qusrzile that was found
under the vein IN the other nil. The