The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-02-12
ALL ABOUT THE CASE
The Butte & BCStOn-Lexington Dis
pute in Court.
EXPERT MINING WITNESSES
Value OF the Ore Extracted and the
size of the Veins and other Ma
terial Evidence Brought
Out-StIIl Contending.

ed in Judge McHatton's court yesterday
morning the plaintiff and defendant
nled their amended pleadings. The
complaint was amended SO as 10 allege
that the ore was extracted during 1882,
1893 and 1894, md that the trespass was
not discovered by the plaintiff until
July or August, 1884 The amended an
swer admits the alleged trespass sub
sequent to June 30 1893, and claims the
defense had the right to extract the
ores. The answer pleads the statute OK
limitations to the allegations of the
complaint relating to mining prior to
June so, 1893, and also denies that the
plaintiff did not have full knowledge OF
the work being done by the defendant
on the disputed vein until July or Au-
gust. 1894. and alleges that the plaintiff
had full knowledge of il long prior to
June 80 1928
q. s. kellogg, foreman of the LexinG
ton mine at the time the trespass was
committed, was recalled as a witness
and testified that they began work on
the vein in the Wappello south of the
Lexington boundary line, in August or
September. 1892, and, To his knowledge,
continued until May 1898. The stopping
was done between the 400 and 500 and
between the 400 and 800. Nothing was
taken out below the 500. The ore body
was between three and six feet and
about 800 feet long. The ore was Of
very rich grade, running from 40 to IS
ounces of silver and an ounce and
fraction of gold. Between the 40J and
900 the ore was taken out almost solid
and between 800 and 400 the Stopping
was from So to 60 feet. The ore CON
tanned very little besides silver and re-
quired about 1874 cubic feet, In place,
TO the ton. The expense of mining was
from So tO S3.25 per ton. All ore taken
between the 400 and 500 was south of
the line. Mr.. Kellogg said he had been
mining since 1895. and was with the
Lexington from 1882 until 1898.
On cross-eXamination by Mr.. Cotter
the witness said he had been in charge
OF the mining at the time OF the alleged
trespass. The ore body I'm dispute was
discovered IN August or september.
1892, and they began stopping on the 400.
Stopping Oh the 500 was commenced in
January, 1898. There is another vein
in the ground known as the Allie
Brown vein. In testifying as 10 the
average run Of silver and gold he based
II on the general output of the Lexing-
ton. OF personal knowledge he could
say very little as to the value of the
ore, except where he saw the native sill
yer, of which there was a great deal in
the mine lie based his Information as
ore was taken out through the main
shaft OF the Lexington, 200 or SEQ feet
distant from the place where the stop
ing was done. In estimating the cost
of mining he included only the wages OF
the miners, hosting, timber. powder
and light. The ore from the Wapello
slopes and the Allie Brown slopes were
dumped together In the ore house, and
only the hand samples were kept sep
aratc.
Dir. Merrill, "A mining engineer, was
the next witness and testified that ne
had been I'm the employ OF the Butte X
Boston in 1924 and first learned OF the /
alleged trespass amout the 10th of
March Of that year and reported it TO !
captain Palmer. y survey was made I
IN June or July and the extent Of the /
stopping i'm the Butte &. Boston ground
determined. The timbers showed that /
some q the ore had been extracted /
several years prior TO that time. He I
saw SIX men, working eight hour shifts. /
stopping, when ne made an examination |
OF the workings. They told him they !
had a lease from c. 9. Rucger. super |
intendent of the Lexington. Mr.. MGR |
llH took some samples from the stupc |
and had them assay,d. They went from /
a. 10 10 ounces in silver. The ore. as il /
went upward, narrowed To about Is /
inches AT the point where the men quit |
work.
on cross-eNamination. Mr.. Merrill |
said he based his knowledge OF the val |
II" ~ the samples he took from the I
mime on the assays of Mr.. Thomas. the .
company assayer
Then you know only what Mr.. /
Thomas told you?'
lie did not ton me"
What his assays showed"
Yes; but I had enough check assays
made on him 10 know that the assay
was correct
But you nave no personal knowledge .
Of the value Of the ORE"
4 good minor knows the value OF ore .
when he secs it,"
Mr.. Merrill said rich ore was assavoa .
only for the purpose of detrrmiufra
how rich IL really was. on ores. the
value OF which was uncertain. assays .
were taken 10 determine whether or .
not II was pay ore.
John Hostson. another rutte & Eos-
ton mining engineer, testified that he .
ecently had made an examination of I
the Nappelln lode lying in tho Butte
& Boston ground. took measurtmcuts .
and made drawings Of the workings.
lie found all the stopings in the Butte /
a Boston ground ami none iu the Lex
ington. LOT OF the workings were .
filled In with waste. He didn't know .
who filled them up.
You don't know that your people .
filed them up" asked Mr.. Cotter.
NO, sir; ! do not"
The witness said that the stone he .
measured from the 800 was about 40o /
feet long east and west anu that 1903 I
square feet or ore had been taken out. I
William 4. Forbis testified as 10 the +
smeltcr charges prices paid for silver
etc, in Butte during lsS2. 1885 and 1881. +
Shelters paid about 80 per cent OF the /
lssayed value Of ore and the working .
'haTEes We're taken out OF that LTr.
r'prbls' figures showed that in 1892 sill /
.er was worth - cents on MAY 3. SO .
.euts on June lG. SO cents ou Sept. l6.
making an average OF So cents For
1893 silver was s. cents in February. s. 7.
% March. - in May. Nlis and 5. in
Tune. 60 in July. 80 and 52ts in August.
- ia September, = in October. c,.. il /
November. - in December. arr average
1f 1875 cents for the year. The aver
Age for ls9f was 81 ll-14th cents.