The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-12
Butte Department.

81 ounces in silver and s16 in gold: the
| second lot 30 ounces in silver and 81 so
! in gold. and the third lot 117;s I'm silver
and S24.S0 in gold.
| G. H. Hand testified as 70 the loca-
I lions where the samples were secured
after which the plaintiffs announced
the close of their case.
W. W. Dixon, OF counsel for defense,
moved for n non-suit on the ground
| that the plaintiffs had not shown that
they had any right to the ore in dis
pute or that the apex of the vein was
within the surface lines of the Butte &
Boston ground Mr. Dixon said he
knew that the question had often been
passed on under the common law which
presumed that everything under the
ground belonged to the owner of the
surface, but ne did not believe that the
question had ever been seriously con-
sidered. The United States patent or
grant decided the surface ground only
and such mineral veins, the apex of
which lies within the surface lines of
the claim. Thet plaintiffs failed to
show any right or title to the vein.
Mr.. Forbis, in reply to Mr.. Dixon,
said the legal presumption was that
the ore in the ground belonged to the
surface owner and that point had been
frequently passed on. 1t therefore de-
vOlved upon the defendant to prove
that the ore did not belong to the plain
tiff
Judge Mediation overruled the mo-
ton for a non-suu because II was the
rule of practice and the supreme court
Of the state had inclined to support of
that rule. The question. however, was
stili an open one with this court, said
the judge. and he could not give his
unhesitating support to the rule fol-
lowed by some other courts.
InlaN HAff a a.
the jury in behalf of the defense and
said they expected to be able to show
that there were two distinct veins in
the Wappello ground, both having
their apex within the ground owned
by the Lexington. One vein was known
as the north vein, and the other as
the south vein. on the north vein and
near the west end line OF the Lexington
ground is a shaft with connecting work
ings down to the 300 and from there the
ore body can readily he traced to the
slopes on the AGO. The vein is stopped
almost clear to the surface and its dip
extends south. All the stopping has been
done on that vein. The south vein
never did develop any value and no at
tention was paid to II until the contro-
Yersy arose when n raise was made on
the foot wall clear TO the surface and II
came out within the Lexington ground
In regard to the counter claims, Mr..
Cotter said II would be shown that the
Butte e. Boston ran into the workings
Of the Lexington and took out ore with
ont regard to boundary, and closed up
with waste some of the openings made I
by the Lexington for the purpose OF I
the continuity Of the ore body. (
c. c. Rueger, the first witness for the !
defense, testified that he was general
manager Of the Lexington company
and had been with the Lexington since .
1857. Mr. RupPar had r1Yo.foa a u1rf1
Der Of large maps OF the surface
grounds and workings I'm the Wappello. .
The first map used by Mr.. Rueger I'm .
explaining the condition of the mine
showed the portion of the Wappello .
conveyed 10 the Lexington and the sur
face workings. The Wappello patent, /
issued to A. j. Davis Oct. 80 1882 was
introduced in evidence. also the patents
on the Wild Bill issued Jan. Is. 1880.
md Allie Brown. issued Jan. 81, 1857
which lodes oVerlapped the Wappello.
Various deeds from \. J. Davis TO the
Lexington or its predecessors in inter
ri We're offered I'm evidence. The deeds
convy all minerals in the ground to-
gether with the surface. Mr.. Rueger
described the surface working on the
north vein. There are a number OF de
pressionS on the surface caused by
caves from the workings and at some
places the timbcrs can be seen i'm the
raves. On the same vein are a number
" shafts and open cuts. Some of the
shafts are caVed in. The south vein
lpeN is shown about six feet wide in
tut at the east end OF the Lexington
ground. There is "a good vein showing
n other cuts at different points west
ward. About midway across the claim
here Is an old shaft that had evidently !
been sunk on a good ore body prior to
he time the property was purchased
u az fVasH