The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-05-26

wall of tho Drum Lummon vein. Judge
Knowles said he does not hold that every
pioce OF roCk found In n vein must 10 10
changed 40 TO make u dissipguishsb;s from
tho country rock. but this prevailing mnsa
OF ths rock must be 30 chsnRed before you
pastin4s BY themselves do not show q mineral
veln. The harden Of proof ID npnn the
plaintiff to show what IL cslls the foot wall
ofths Drum Lummon lode ID such. Plain
TIN clsims that IL hos the foot wall Of ths
Drum Lummon vein or lode In ~ vest
b. Louis moline shaft and alsoin it, trench
running north from said shaft TO tho north
end limo Of it, claim. Next were ri on In
structtona about . divided apex. Judge
Knowles refused TO instrust that th 70 was
evidence tending to show that 4 vein passes
end line. Hs aIso refused 10 instruct that
tho course OF the IT. Louis lode IL suoh a.
would show that the side lines Of the 81.
Louis claim are ito end lines. Both 70
fusAls were because Of lack Of evidence TO
warrant such instructions. Tbs burden Of
It must establish every natssial fact which
would cntitle II to recover by . pSevonder
anco OF evidence.
There are often matters that pertain to
litigation about mins1 which call for the
assistance OF mining experts, ~ they are
chiIeo, M0U ls6Encu upon tne buUJeot OF the
formationsof a vein and a. TO what con-
~stitutes a vein OF lode. and - 10 tbs fotma-
tions In which they ARE found. They are
generally mon OF high standing az in this
case. But they often become partisans and
exhibit great zeal for tbs aide In which they
ARE enlisted, and ! do think this MISTER
should bo considered in weighing their svi.
dence.
After the vsrdicts ware rsad Judge
Knowles asked II II was desired 10 have the
jury polled. The attorneys said no. Ths
5000. GOO case has been continued for tho
torn. Before the other case went TO ths
jury n stipulation was 6led in court by the
proceedings placed upon the Montana com.
pany's property by the st. Louis company.
In Consideration OF this the Montana com.
pany releases the 81. Louis company I ON
all liability on account Of its bond iof
damages given to secure the attachment.
up into the thousands. The legal talent
and the exports were the best to be had.
During tho trial IL was reported that one
expert alone was paid $1,000 Ihree stem
o~arsphsrs were employed to take the tosti-
mony. They wore G. I. Connolly. w. H.
schmits and John Bean. The attorneys
ConnelI. ClayberQ u Gum. the case in
court being conducted by Messrs. 1'ools and
Mcconnell. w. q. Cullen. of Helena, Judge
NJ. Kirkpatrick. OF Butte. and Charles ].
Hughes. Jr., Of Denver. represented the de-
fsndant. The plaintiffs experts were g. \.
Battsrman, Of Aspen, COL; Prot. A. D.
Churchill, John Il. Parks. DR.. g. G. Swal.
low, of Helena, and Carl Hand, Of Butte.
Experts for the defense were DR.. Rossitsr
W. Raymond, of Brooklyn. N. Y; Charles
Goodale, superintendent OF the Gsgnon
mine at Butte, G. A. Nelson, superintsnd-
emit Of tbs Elkhorn mine, George H. Rob
inson. the former manager Of the Montana
company; A. Raht. OF Pueblo. Col, and
others. The jury in the case we're Anton
NJ. Hotter. Foreman; Charles Blackburn.
Albert Kleinschmidt, w. Il. Little. A. H.
+. g. Benson, Charles j. CLARK, @. w.
Dresser, V. v. Howe and w. L. Kelly.