The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-06-25

menced-The Jury in the Case of
Guy G. Royce vs.. Salt Lake City
Finds a Verdict for the Plaintiff
with Damages of S7.5Oo-GenernI
Court Doings.
The big mining suit of Matthew T.
Osborn ct al. against the Marion Gold
Mining company, which involves at
least half million dollars, was be-
gun yesterday afternoon before Judge
Richie. A formidable array of emf
nent counsel appeared on both sides,
the plaintiff being represented by
Judges Bennett and Howat, Senator
Brown and H E. Booth, and the de-.
PENDANT by w. H. Dickson, Ellis &
Ellis and Nj. NJ. Kaighn. The question
is one of the apex of the vein, and the
properties involved are the Geyser
Mining company, owned by NJ. T. Gis-
born. S. B. Miner and G. R. Both
well, and the Marion Mining company,
both situated in the Mercur district
and adjoining each other. Both are
valuable properties and rich gold pro-
dUcers.
The complaint is made as to one
claim only, but on the manner in
which this is adjudicated depends al
most the existence of the Marion
company, as it really involves the
ownership of all of their claims but
one.
THE PLAINTIFFS CONTENTION.
The plaintiffs in their complaint al
legged that they are the owners and
entitled to the possession of all of the
Florence No. mining claim, lot 10,
excepting so much thereof as is en-
braced and included in the Marion
claim, lot 81; also that they are the
owners and in possession of 50 much
of the Geyser lode, lot So, as lies north
erly and westerly of a straight line
drawn from a point on the southeriy
side line of said Geyser lode claim.
which is south so degrees, % minutes,
east 622.7 feet distant from post No. 2
of the claim. to a point on the norther-
ly side line of the claim, which is
south 49 degrees, 40 minutes, east
6S6.7 feet distant from post No. of
said cabin; that in said mining pro-
perty belonging to plaintiffs, and at a
depth between planes drawn down.
ward vertically on the exterior boun-
Diary lines thereof, but northerly and
outside of and beyond the surface
boundary lines of the Marion mining
claim there are large quantities of val
liable ores bearing gold, and that all
of said ores belong and are appurte-
nant to said mining property, and
plaintiffs owned and own and are in
possession of the same.
Then it is alleged that between Sep
TENDER 1, 1894 and November 26, 1894,
the defendant wrongfully and with
out plaintiffs consent treSpaSSed upon
plaintiffs said property and mined
and worked therein and extracted
therefrom large quantities of ores and
converted the same to its own use, to
plaintiffs damage in the sum of $780,
000
Plaintiffs demand Judgment for $50
/ 600 damages and that pending the
I hearing the defendant be enjoined from
/ extracting ores from the ground
named, and that on trial of the suit
the injunction be made permanent.
DEFENDANT DENIES.
| The defendant made a general and
specific denial of the allegations OF
the complaint, and alleged that the
ores mentioned in the complaint as
belonging to the plaintiffs and within
planes drawn down vertically on the
exterior boundaries thereof, are ores
belonging to a vein and lode having
surface boundaries of the Marion Min
ing claim, lot 81, and that the top and
apex of the vein ard lode on it's course
and strike is wholly included within
and runs subslta ntially parallel to the
side lines of the Marion claim through
out its entire length and crosses each
of the end lines of the Marion; thai
the said vein and lode dips in a north
erly direction and in it's downward
+ n o,-fc for
dicular as to pass out of, over ano
beyond the northerly side line of the
Marion claim and under, through an6
beyond the surface of the so-called
Florence No. 3 and under the surface
of that portion of the Geyser lode
owned by The plaintiffs.
1t is then alleged that the only ores
extracted by the defendant from be-
meath the surface of the Florence No
8. or beneath the surface of that por.
ton of the Geyser lode lying nortferly
and westerly of the straight line desig
mated IN the complaint, have beer
mined and extracted from said lode
and vein having it's top and apex
within the Marion claim, in following
said vein and lode on it's dip between
planes drawn vertically downward
through tn end lines of the Marion
claim, ard so extended in their owl
. QlIeCLlOu DIS ~ cut SUCH 6AlGIlOI pal
of said vein and lode, and that thu
ores so mined by defendant do no
exceed in value the sum of $4,000.
CROSS
By way Of cross-complaint the defen
dant alleges that the plaintiffs wrong
fully claim am interest in and to al
that portion of the vein and lode which
lies northerly of a plane drawn dow
vertically through the northerly sid
line of the Marion claim, lot 81; tia
the alleged trespass complained of il
the plaintiffs complaint consists in tn
mining and extraction by the defen
dant of ores from that portion of tn
vein lying northerly of the northerl.
side line of the Marion and between
planes drawn vertically through tn
end lines of said claim, and not other
wise; that the plaintiffs wrongfully as
sert q claim of ownership to all tina
portion Of TIE vain lying northerly o
the said northerly side line of tn
Marion. and that such claim is with
out right and groundless.
Wherefore the defendant asked judg
ment thai the plaintiffs take not1nin;
by their action; that the defendant
the owner of the vein or lode through
out its entire depth lying betweel
planes drawn downward verticail
and that plaintiffs be enjcdned fror
asserting any claim thereto.
Temporary injuglctions were issued b
Chief Justice Merritt soon after tn
fling of the complaint and answer
prohibiting both parties to the sui
from working in the disputed GROUND
1