The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-07-07

Street yesterday forenoon. The Ma
rion side having rested the proceed
ings yesterday commenced by Senator
Brown making the opening statement
on behalf of the Osborn people.
The greater part of the afternoon
was occupied with the examination
of A. F. Holden, whose testimony was
of an expert nature. He was under
cross examination at the hour of ad-
journment.
SENATOR BROWN OPENS.
Senator Browns opening statement
was to the effect than ne took very lit
tie stock in the apex question. He de-
MED that there was any Vein or lode
of rock in place in the Marion claim
bearing gold or other metals the top
or the apex of which lay wholly with
in the claim, and also denied that any
part of the top or apex except as SUD-
sequently stated, lay within the sur
face boundaries of the Marion claim.
He further denied that the top or apex
of the vein or any vein in its course
or strike was wholly included within,
or that it ran substantially parallel to
the side lines of the Marion claim
throughout its length or that it crossed
each OF the end lines Of the claim. 1t
was also denied that the alleged lode
dipped in a northe:ly direction, or that
in its downward course it passed be-
yond the northerly side line of the Ma
rion claim, or passed on it's dip from
the Marion under, through or beyond
the Florence or the Geyser claims, be-
longing to the plaintiffs, or that the
Marion company owned any part of the
alleged vein, on its dip or otherwise,
which lay beyond the exterior surface
boundaries of its claim extended down.
ward vertically.
He expected to prove that there was
within the surface boundaries of the
Marion a silver bearing lode. which is
separate and distinct from the gold
bearing lode, and which is the lode
located as the Marion lode, and for
which a patent was obtained; that the
gold-bearing lode was not the lode 10
Gated as the Marion lode and that
the course and apex Of the gold-bearing
lode was irregular by reason of fault
ing assures; that the true strike of
the lode was about north and south
and its true dip was about east and
west; that the strike of said lode
crosses the Marion claim at right an
giles to its side lines at point COM
mencjng on the south side line about
100 feet west of post No II and run
ming north 200 feet across the norther-
ly side line of the Marion; that the dip
OF the lode was about east and that
there was no part of the course or
strike of said lode within the Marion
except the 200 feet mentioned: that
from a point 80 TO 100 feet northwest
from post No. Z, OF the Marion claim an
edge of the plane of the dip of the vein
appeared in the claim and that this
edge made the erosion Of the surface
continued in said claim to the north
westerly end line and crosses the same,
and that the exposed edge was not ON
the course or strike of the lode or its
apex, but was an outcrop Of the lode
on its easterly dip and exposed by the
erosion Of the surface.
Counsel also expected to show that
the apex was thousands Of feet west
of the west side line Of the Marion.
MR. DICKSON OBJECTS.
Mr.. Dickson said both the answer
and amended answer to the cross COM
plant entitled the Marion to a decree
and counsel objected to the introduce
ton of any testimony by the Geyser
company for the reason that the offers
TO prove made by Mr.. Brown in his
opening statement were different from
both the answer and amended answer
and his side had no notice that they
would have 10 meet any such case as
had been outlined by Mr. Brown.
Mr.. Brown replied by saying that he
didn't care anything about the apex.
If, however, il was competent for one
side to introduce testimony to prove
the direction Of the dip and strike, as
the defendant had done it was equally
competent for the other side to do so.
His honor ruled that the plaintiff be
allowed to examine their witnesses and
the taking of testimony proceeded
Charles T Brooks, mining engineer,
examined by Mr.. Brown, explained a
map Of the Geyser and Marion claims
and workings made by witness, and in
troduced by the plaintiffs.
MR.. HOLDEN TESTIFIES.
~ F. Holden said he had examined
the Geyser and Marion properties and
was familiar with the dip and strike
OF the veins. The gold vein and the
silver vein were separated and quite
distinct. Only three minerals were
common to both of these veins-those
were quartz, calcite and beyrite Nine
minerals occurred in the silver vein
that did not occur in the gold vein,
and seven minerals were found in the
gold vein that did not occur in the
silver vein. The difference in the APP
pearance Of the two veins was as
marked as the meteorological difference
The geological difference was also quite
marked.
Speaking Of the Marion claim, wit
ness said there were about thirty faults
all very marked in the vein from the
northwest corner of the Marion claim
to the northeast part of the same.
Witness pointed out the various breaks
at different points on the map, and
explained briefly the nature and extent
of each.
This vein was the general vein which
ran through all that country at many
points, of which strikes and dips ex-
listed.
The witness then traced vein from
e break near the west side line of the
Marion, north into the Florence No. 3
and through that north to the west
end Of the Geyser. This strike was
north and a few degrees east.
The vein running west to east of the
Marion, witness said, passed out of the
north side line of that claim at seventy
FIVE feet northeast of post z. 1t runs
northeast outside the Marion side
line, and then goes south and east on
the Geyser property at point east of
the easterly side line of the Marion.
The dip of the limestone beds was
northwest. The outcrop of the silver
vein was in the Sparrow Hawk on var
ious parts of that claim. The vein
runs southwesterly and then a long
way northwesterly.
CROSS EXAMINATION.
cross-exam.ned by Mr. Dickson. the
witness said he had examined the
country for three or four miles around
the Marion in all directions for the
purpose Of determining the strike and
dip. 1t was impossible to give a gem
ersI direction of fhe din and c+,;f-a