The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1893-05-09
ASKING FOR A VERDICT,
The Montana Company Claims That
the ST. Louis Company Has
No Case.
Msssrs. Bayliss ana Robinson Put
on the Stand by tho
Plaintiff
Testimony ~ to tho Value and Amount Of
Ore Taken Dat Of tho
Jubilee.

The st. Louis mining company got
through with its side of the oase yesterday
afternoon in It's suit against tho Montana
company, limited, with the exception OF
two items, which will be- introduced to-day.
When the plaintiff rested the defendant
asked the court to bring in a verdict In "a
vor of Frederick Crowthers and II. q. Bay
liss, two of tho directors Of the defendant
company. who are also made defendants, 1t
not having been shown that they had tres
passed upon tho ground at tho plaintiff :.
With reference to Mr.. Crowthcrs the court
said he would grant tho motion, cut not aa
to Mr.. Bayliss. as IL nppea cd that no had
directed tho or erations of the company na
general manager. Then the attorney for
the defendant asked for . non suit on the
following grounds:
First, plaintiff has not shown that any
lend, lode or vein from which the defend
ant has extracted o'e has its dip or apex
within the surface boundaries of tho plain
tif's st. Louis clnim.
Second. the undisputed testimony Of the
plaintiff shows that what IL claims to DO
the apex of the lode from which the defend
ant extracted ores. for which 1t seeks q
recovery in this action. does mot lie wholly
within the surface boundaries of its claim
except from a point about 100 feet south
from its moline shaft, and the testimony
does not show that any orc has been AZ
trGcted by defendant for which q rscovery
can be had in this action at n point
southerly from a line drawn parallel to the
ind lines of the plaintiffs claim through
the point where such alleged apex lies
wholly within plaintiffs said claim.
Third. the testimony Of plaintiff docs not
show that tho lode or vein upon which its
location was made, on its strike. passes
out of the end lines of said St. Louis claim
as located. and hence none of the surface
boundaries of the plaintiffs said claim can
be identified as true end lines thereof.
Fourth. The undisputed testimony of
tho plaintiff shows that the lode upon
which plaintiffs disqualification was made
terminated at q point seven or eight feet
north Of the bottom of the discovery shaft,
and the evidence does not show that the
defendant has extracted any ore for which
the plaintiff ia entitled to recover in this
action south of a line drawn down through
the point of the termination Of said lode
and parallel to the end lines OF said claim
as located.
Judge Cullen. of the defendants counsel.
then argued this motion. citing a number
of authorities. He closed at six p. m.
Arguments upon the motion will be made
to-day by Plaintiffs counsel.
The witnesses examined yesterday for the
plaintiff were George II. Robinson and h.
7. Bayliss. who had the management OF the
alleged the defendant extracted ore from
the plaintiffs ground of the value of &c.
100000. Mr.. Robinson testified as to
some mill assays made of ores
taken from the Jubilee No. l In
1889. Some Of them showed the following
results. the silver being calculated at 81. 20;
Oct. I, gold 1921 40, silver $500; Nov 26.
gold gill 6, al yer $1.16; Dec. 10, gold
$22. 70. silver SOC. He could not give tho
cost Of mining and milling the ore during
this period from the books of the company
exhibited in evidence; that would have to
be done by the accountant. Mr.. Robinson
said that a pc son familiar with the ore Ia
the mine could tell within SIS n ton practi-
cally it value. and that the company has
always had richer ore in the Drum Lum-
the west side lode they found this richest
ore ever produced in the Drum Lummon;
it ran up TO $500. 5000 and $500 a ton. M.
Robinson said i'll calculating, he allowed
fifteen cubic feet of rock in place for a ton,
which he said WINS not a high estimate and
what was always allowed in the mine, Tho
ore taken out of the Jubilee before Oct. IA.
1890. WAS milled in both mills; tho low
grade ore was taken to the sixty -stnmp mill
and the high grade ore was taken to the
other mills. Tests were taken overy day
hut not from every chute. Before Oct. IA,
1890, 6.634 tons wsre taken out Of the Jubi-
lee.
II. 7. Bayliss testified that he was the
general manager of the Montana company
in 1883, 1889 and 1890. and made frequent
reports to the home Office of the ccmpsny
in London, also semi annual reports which
were submitted to the shareholders by the
di sctors. Mr.. Bayliss said that he gave
the cost Of mining and milling tho ore in
submitting these reports but could not do
10 now from memory. and would not at
tempt to do it from the books in the court
room. Copies OF these reports were ruled
out By the court. The ~Uocountant of tho
company at Marysville will be brought into
court to give tho figures on the cost of
mining and milling the ore.