The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-05-03
Expert Batterman on the Relations
of the St. Louis and the
Drum Lummon.
What a Fault Ia In q Legal Sense
and Also in q Geolog-
ical Sense.
Judge Knowies Sir ms tho Order for Referee
Mcdonald to Exnmiue tho Montana
Company's Bosks. Etc.

G. s. Batterman. tho mining expert. was
ON tho witness stand all day yesterday IN
tho case of the 81. Lonis against the Mon
tana company In the United States court.
He testified that at the apex OF tho Ut.
Louis vein was a lnrRe body OF mineral
averaging from ak inches to two feet.
worth from $500 to $500 q ton. The whole
length Of the Cruss lead OF the Drum Lum-
mon WAS practically the same material.
He showed where the wall Of the st. Louis
vein was and said the workings OF
the Montana company extended 100
feet inside the 81. Louis lines. One Of
the questions put to him by Lawyer Toole.
for the plaintiff. was this: From your OK
animation OF the surface and underground
works Of tho 1T. Louis. and the plaintiffs
and defendants claims, and from RsoloR-
ical observation. and by the adjacent coun-
try, in connection with the study you have
given this matter. and che relative bearing
OF each of the points upon the other.
what ia your ultimate conclusion az to the
identity OF the st. Louis vein. ths apex of
which 10 found inside the st. Louis claim,
and tho workings Of the defendants in n
about the Jubilee chute and the Jubilee
chute No. II" II believe" WAS the answer.
there 10 a vein going through that portion
of the ground of from twenty to ffty-fve
or sixty feet In width. that apexes for .
long portion Of its length wishin The St.
Louis ground: that all the ore found within
the Jubilee No. I and the Jubilee No. 2
stores comes out OF that vein; that tho
vein has filing generally distinct from the
country rock and its walls. which can be
easily recognized as a rule; and that all
the ore found lies wholly within those two
wallis"
Lawyer Hughes cross-examinsd Expert
Battermnn. Before he got through it was
hard to tell whether the lawyer had the
expert on the stand or the expert was cross-
questioning the lawyer. When the lawyer
put q general question of q leading char
Rcter, the expert. il he didn't quite I'M
oerstand the drift, insisted on his cross-ex-
Some OF his answers on this limo were
sufficient TO provoke a smile on the sphinx
like countsnanos of Lawyer Kirkpatrick.
ono OF the Montana ~company's counsel.
The expert pointed out o Fault" or frao-
ture of a vein near one end of the Drum
wanted to know il q "tault'' was . mineral
vein. I'm a legal sense ii is." was the an
.swer. I'm q geological sense II is not"
Then the lawyer wanted to know II the
Drum LQmmOn vein ended at the fault,
WAS II not q branch or spur Of the other.
Put this pointer against tho table," said
tho expert, suiting tho action to the word,
sit ends there. but il 10 not a part Of the
table,"
During the days proceedings Judge
Knowles signed tho order to allow John M.
Mcdonald. the commissions and referee
selected, to inspect and examine the books,
papers, maps and plats of the Montana
company an select such for use In the
trial As would have any bearing on the case.
Tho Montana company lawyers argued and
commended that the word reports should
DO loft out of the order. The ST. Louis
company lawpsrs were Satisfied to have il
stay there, but Judge Knowles put an end
to the arguments by striking the word re
ports" out. The order a. finally signed
directs Referee Mcdonald to examine all
maps. plats and books of tho Montana
company containing entries of the dimen-
sions and extent of slopes, and the quartz
rock md ore taken south of a vertical plane
drawn parallel with the north end line of
the s.. Louis, at a point 100 feet north Of
books and records containing entries Of
quartz rock and ore taken. south Of said
plane up to a vertical plane extended
downward to q point marked No. 2 Of the
81. Louis claim, parallel to the south line
of that oompany's claim. Tho referee ID
authorized to make the inspection without
let or hindTanoe. and to report his acts and
doinRs to the court, with maps plats and
books.
A. d. Churchill. another expert on DO.
half Of the 81. Louis people, will be exam
insd to-day.