The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-05-16

and for the further reason that the
proof and the allegations were at va
rance.
Judge Powers made lengthy argu-
ment on the motion and was replied to
by Mr.. Varian for the prosecution,
Judge Powers closing the arguments on
the motion.
MOTION oVERRULED.
His honor said it would be improper
at this stage of the proceedings for
him to express an opinion of the evil
dence. He thought the motion should
be overruled and overruled it was
Mr., Varian then asked that an adj
journment be taken until Monday.
Counsel said he had not fully recovered
from his recent illness ard was feel
ing very weary. Having taken the con-
troll of the prosecution he could not
very well drop out at this stage, and
desired that he be allowed two days
rest
Judge Powers said he had one witness
for the defense, John F. Delaney who
was anxious to be excused and if his
testimony was taken now he would
postpone his opening statement until
Monday and consent to an adjournment
until then and it was 50 arranged.
DEFENsE's FIRST WITNESS.
]. F. Delaney then took the stand.
Examined by Judge Powers. he said
he had lived in Salt Lake City since
1870. Was a miner, engaged in the
business since he was IS years of age.
Was we'll acquainted with the mines
in Dugway district.
Are you the John F. Delaney men
toned in the United States patent for
the Frances mine?" asked counsel.
Yes"
What kind of mine is it?'
Gold, silver and lead
Amy work done on it prior4to 1S94?"
Yes, shaft sunk and large bodies of
ore exposed
Have you tested the ore?''
II have had it tested
Was it high or low grader"
Low grade; it is a galena and car
Donate"
What is the width of the vein?'
Ten inches to six feet
Does the vein run the whole length
of the claim?''
That is doubtful. but wherever work
has been done the vein has been
struck
rs there any ore on the Dump"
Have you had assays of the ore?"
yes
Where are they?"
AT home"
Can you get them?"
Yes, I think So"
Were you ever introduced to a man
named Martin Hayken?'
Yes, in March, 1894 in the office of
the Knutsford hotel by Mr. Morris,
late in the evening"
What were you employed at then?"
Il was time keeper on theAjoint city
and county building
When you were introduced to Hay
ken did he ask you what you knew of
the Francis mine, and did you tell
him you were. and that if there was a
railroad to Dugway the mine would
be worth 100000 to $4,000, but without
a railway it was not worthaso much?"
THAT is just about what 1 said"
Did you tell him you had given Mr..
Georghegan a piece of the ore, and
that it was in the chamber of COM
merce collection?'
Yes
Judge Powers put in evidence an
option given by the witness, Delaney,
TO Joseph Morris. on a half interest in
L
March "a, 1894, for one year.1
Witness stated that in March, 1894,
quite a number of prominent mining
people had visited the mine, which was
in such a condition that five car loads
of ore a day might be shipped. Work
TO the amount of $4,000 or $4,000 had
been done on the mine. Shafts were
down in two places sixty feet and $50
feet and a number of drifts or tun-
nels were made. Witness at one time
owned the whole of the Francis mine,
and on March 81, 1894, decided one
sixth interest in it to Mrs. Edith NJ
Morris. and on December u, 1892, deed
ed a one-third interest in it to Mrs
Morris.
What is the mine WORTH
I'm 1894 it was worth 100000"
What would it be worth if there was
a railroad tfere?"
ssS2n 600 -