The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-05-11
GIVING. che. Defence,
The Montana Company, Limited.
Produces Its Witnesses in tho w
Mining Suit
MI. Robinson. the Former Man.
ager at Marysville. Now on
the Stand.

inc SLanQ.
He Points Out q Spot on the Map which
Causes tho PLAINTIFFS Experts
to smile.
A lot OF maps on large ensels stood In
Judge Hunts department OF the district
court yesterday morning, whore the United
States circuit court Ia in session. In front
of the maps WAS a wooden model showing
some of the workings on the properties Of
the Montana company. limited. These are
exhibited by the English company and will
be used in it's defense to the suit brought
by the st. Louis Mining and Milling COM
pany. A. L. Cumming, u civil engineer,
who did most of the work OH tho maps. ex-
planned them to the court and jury. The
maps, like tho model. show the
wo. kings of the defendant com-
pany and Tho st. Louis. Mr.. Cumming
made a survey OF the promises OF the 1T.
Louis company and some parts of the Nine
lana company, limited. All of the UNDER
ground workings of the st. Louis company.
lie said, were shown on the map. The wit
ness also exhibited and identified samples
which he took from tho alleged foot wall In
controversy. During the examination of
Mr.. Cumming Judge Cullen. of the defend
ants counsel. called attention to what she
believed was I'm unauthorized alteration OF
the st. Louis %compnny's map. which was
used when that company introduced its
evidence. Judge Cullen said il was an alter
alton made since the man who drew the
map had sworn to its correctness. Judge
Mcconnell. OF the plaintiffs counsel. said
he WAS sure that he had never heard of the
map being changed. Later on there was
some moro talk about the altet alton but
nothing was lone about 1t. john Horror.
who assisted in making the maps, was also
n witness for the plaintiff. Then came G..
II. Robinson. tho former manager of the
mine. while Mr.. Bnyliss, the present man
ager, was in England. Mr.. Robinson
knows every crook ami corner of the Mon
tana company's ground. With a long
wooden pointer in his hand he stood before
Che maps and pointed out the different
parts of the mine. He looked like some
college professor delivering a lecture to a
room full of students and the audience WINS
very attentive. Tho experts on the other
side of the case were all eyes and ears.
There was very little interruption from the
experts had a broad smile Oh their
faces when Mr.. Robinson pointed
out small spot on the
map and said it was a mule station. Eve'y-
body unacquaintcd with the term thought
that something new had been encountered.
- 1n~4. 90 t,nkAAp md Ind hoArH nf
goRne. gangue. selvage and a lot of other
things. prioked up their ears when Mr..
Robinson said it was a mule station.
whats that?" snapped ont Judge Fitz-
patrick. ITS q place whore the mules
used in the mine are kept" replied the
witness.
Mr.. Robinson smiled himself. for he
knew the mule station was n sort of "hotse
on' the st. Louis C%ompany's experts.
When they were Above to enter the work
ings of the Montana company some weeks
ago under In order of the court to make AN
examination they were bewildered for a
while. in fact for several days, SO the story
goes. They wandered around one day and
came to n mule station. but it was such a
common thing in q mine that they raid NO
attention to it. After going through some
drifts they struck another mule station and
later on a third. Then Prof. Churchill
one of the men in the mine how
many mule stations they had and took a
good look at it. II was the same one; the
experts had circled around and Game to the
place three times before they knew 'whe. Q
they were Mt"
The stenographers say that Mr.. Robinson
a splendid witness. He has a man.
ner of identifying his testimony with the
maps SO that one can take the transcript Of
The st~enographet's notes and read it befo.e
The maps and clearly understand what he
means. This makes a transcript very valu-
able. This ia what the stenographers call
editing his own testimony and they wish
there we're moro witnesses like Mr.. Robin
ION. In addition to this he ennn-
very clearly and Inns makea
himself understood. realizing that
The stenographer cannot write anything
until he knows what it Is; II the
ia meaningless tho sign is the snme.
Mr.. Robinson was about to exhibit some
when court adjourned for the dav.
In passing upon the Montana compan,'s
for a non-srit Judge Knowles re-
erred to what was q vein. and held that 1t
vas a ledge or seam OF ore between we'll
defined walls, II that it was unnecessary
hat the ore contained In tho vein should be
for mining purposes. IL made
10 difference 80 long ms 1t was IMMORAL in
olsce. In illustration of this he referred to
he veins in the Butte district, with which
10 is familiar. He snid the veins there
we're not mineral bearing to the extent of
being pay orc until they had gone
lown something like 200 or
100 feet below the surface. The
mineral nevertheless followed the seam and
he miner would cnll that his vein and 90
IN following it under the name of a vein;
nd that IN other cases where there was pay
ire near the surfncc. the walls would some
close up, or for some 200 or 800 feet
would contain nothing but RoQue, never
o find his vein. " B. ~
On the question of a divided apex bio held
hat it was the intention of the R~overntnent !
II giving q patent to give the 4htirs surface J
round and all the minerals Contained In J
critical planes drawn of this side 6nd end
ines except those veins which had their
pe1 in another claim; and that the poy-
I nmcnt in giving the patent intended to
ispose OF oil the minerals and so face !
round contained in the vertical 4
drawn on tho aide and end !.
also any mineials the apex !
I which was within tho side lines no matter .
'hether they departed from the side lines
r not under other claims. 1t seemed in
his cnse that the apex WAS partly within
he st. Louis claim and rarity within the
company's lines. md TINT a. il
the intention to give the right to follow
hose veins to some one tho pntent to q
inning claim carries with 1t not only the
ight to follow n vein on which the discoy-
nv was made but all other veins which apex
,ithin tho side lines OF tho claim.
New Litigation.