The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-06-30

The mining contest case of Matthew
T. Osborn ct al. against the Marion
Mining company was resumed in Judge
Ritchie's court yesterday morning after
a recess from Friday night. AS on the
previous days Mr.. Dickson took the
lead in examining witnesses for the
Marion company, and Mr.. Brown did
the cross-examining for the plaintiff.
There was, however. a full array of
counsel present on both sides. includ--
ing Judges Bennett, Howat and Hark-
Eess, Attorneys Arthur Brown and
Booth. Lee & Gray for the plaintiff.
and Messrs. Dickson, Ellis & Ellis and
Colonel NJ. Kaighn for the Marion
company.
COLONEL WALL OSS-EXAM-
INED.
The entire forenoon was occupied
with the cross-examination of Colonel
Wall by Mr. Brown. The coloners di-
rect examination took place on Fri
day afternoon, and his cross examina-
ton was very searching. The witness
said he was interested in claims in the
vicinity. but the establishment of the
theory of the Marion people would not
in any way affect his property. Wit
ness said he owned a. portion of the
claims known as the Brickyard and
admitted that circumstance might
arise by which the Backyard property
would be affected by the conclusion of
the present litigation. If the witness
theory of the dip of the vein was es-
tablished. he admitted that the owners
of the Brickyard would probably have
the apex and might be able to follow
the vein into the Wonder, Hecla and
Seals ground. Mr.. Wall was subjected
to rigid examination as to how he
traced the apex in the northeast cor
ner of the Marion ground, and as TO
his acquaintance with workings in the
Marion, the kind of ore and so forth.
AFTERNOON SESSION.
After the noon recess Assayer John
A. Currie was called to the stand. He
testified that he had made numerous
assays Of the ore from the Marion and
that they ran from Ale. to $500 to the
ton On May he assayed eleven
samples which showed respectively
S4.13, s1.44, $500, s5.16, 45c., $40, S41S,
SIC, S2.4S, Ale. $420. On June % he
assayed eight samples. which gave re-
turns Of S1.O3. 1.65. $1.36, S1.S5, $4.54,
s2.O6, s2.4S and 1920
w. A. Wilson. recalled by Mr.. Dick
sea. said he had taken the eight
samples OF ore assayed by Mr.. Currie
on June %, from the various parts OF
the vein and at various depths in the
northeast corner Of the mine, where
the apex is claimed to be.
GLASS PLATES.
Eleven glass plates showing the
topography of the country, with
the veins and workings of the
Marion traced thereon and Illus
trating the strikes, dips and
angles for the purpose OF better illus
trating the testimony were produced
and frequently referred to as well as
the man.
Civil Engineer Anderson was recalled
by Mr. Dickson and gave further ex-
plantations of the Slopes, cuts and other
workings of the mine
HIS HONOR MAY VISIT THE PROP
ERTY.
1t was suggested that his honor pay
a visit to the mines and view the prem
ises and the workings, as the testimony
was of such nature that in order to
obtain a proper understanding Of it. it
was necessary To- be fully acquainted
with the premises. Both sides agreed
to this and Judge Richie will so down
to Mercur in a day or two for that
purpose.
STEREOPTICON VIEWS.
Mr. Dickson here asked the court to
hold a night session so that the de-
PENDANTS could exhibit stereo-StEcon
views from photographs to better il
lustrate the workings of the mine. the
dip of the vein and the general topo-
graDhy of the country.
Mr. RrOyUT1 OhioPt0d n Ti7rpffsST-a mis-
or views of the kind proposed being in
troduced. 1t was no. such evidence as
could be transmitted to the court of
appeals and he objected TO it's being
introduced here. Mr.. HoWdt supported
Mr.. Browns agument.
His honor was inclined to sustain
the objection on the ground that when
! the premises and materials were in
existence and could, according to the
agreement between the parties, be
viewed by the court, it was the best
evidence, but he thought that although
they might not be admissible in evil
dence they could be used by counsel
when making the arguments. The court
| however, did not pass definitely on the
! proposition, but instructed counsel on
/ both sides to submit authorities for
/ his consideration.
ONE SIDE ABOUT TO CLOSE.
| 1t was suggested that if the stere-
| opticon views were to be used, We'd
nesday night should be set. for that
/ purpose. Then followed considerable
| discussion as to whether court should
sit during the carnival. Mr.. Dickson
said he had but one more witness to
examine and expected to close his case
today or as soon after as the stereop-
ticon exhibition shall have taken place
if it does take place.
The matter of adjournment was left
undecided, but the probability is the
hearing VIII go on until noon on
J Thursday and then adjournment will
be taken until Monday.