The Irish standard., 1897-04-24
rHH IRIsH STANDARD SAT kDAY, APR1I, u, 1877.
that he had ever said that in his opinion

I. that he had ever said that in his opinion
they came from the same vein. He did
mot knosvsvshy he should have said'any.
thing like ;that; 1t was understood at
Z the smelter that business was not to
be talked outside; moreover he could
not sag now that he did think they had
come from the same vein. Ore from ad-
jacent mines was commonly quite sim
: liar. As to whether the Grubstake had
been shipping high-grade ore of late he
could not say; only the superintendent
of the smelter could tell that; he kept
run of the lots that came in. The wit
ness had made most of the assays Of
late, but quite commonly the samples
had been Simply numbered SO that he
had no means Of knowing from which
mine they came. Again Mr.. Criley
smilingly waived the privilege Of cross
examination and Bartels saw the wit
ness leave the chair with feeling that
his cause had gained nothing by this tes-
: tim6ny1' beyond the consumption Of
time. But it was now six minutes be-
yond the regular hour of adjournment
and he felt measurably content as he adj
dressed thecourt, making motion that
:. the jury be taken through the workings
of both mines the next day, motion
2 promptly denied. Each side in COM
troversy, his honor declared, was at lib
erty. to bring into court such maps.
drawings or other documentary evil
@dente; as might be thought necessary
to make clear to the jury the points in
dispute; but he saw no reason for vast
ing the time of the court in what would
;.abe simply a day Of junketing in the
mountains.
AS Bartels had ceased to look for any
favor from the court he was not sur
zprised nor in any wise cast down, as
with reassuring glance at the clock,
he resumed his seat. But surprise was
in store for him as now the Judge leaned
over his desk again, imperturbably gag
ing over the heads of the company
while he deliberately announced, that,
owing to the pressure Of other business
and the desirability Of fastening the
case before the court, they would not adj
<'io,lfn that evening until six o'clock.
: s.Gentlemen, you may 60 on with tho
case," he courteously added, with an
? unseeing glance at Bartels.
:. >'Thereswas~a murmur OF exclamation
In the back of the room, and the clerk,
.wooden-faced and Indifferent, mechanl-
cally beat his gavel upon the table, cry
ing: "Silence in the court!" And then,
his face grown rather pale, the attorney
for the plaintiff arose and said: IF the
court please; on account of the absence
of material witnesses, I find myself I'M
able to maintain the issues of this case
: and am therefore compelled to submit
to q voluntary non-suit. I will there
fore move the court to dismiss this suit
without prejudice"
~~.~ Mr.. Griley was at once upon his feet
demanding that the court override this
motion and instruct the jury to find q
verdict for the defendant in view of the
fact4that no evidence had been produced
in support of the allegations upon
which that suit was brought; but his
honor, after examining the statutes,
with evident reluctance, stated that un-
der the law the plaintif was entitled to
a non-suit if he saw fit to take it. Tho
case was therefore dismissed at the
cost Of the plaintiff but without reju-
= dice" :. ~ !: go = - *.~~:. =:
''You got out of:that pretty well, Bar.
tcls,'' laughed sCriley, with an air Of
bland condescension, when five minutes
later they were going down the court
house stairs. "Rather an awkward fix
for you, too, and "a strange thing all
around, having client leave you in the
lurch like that; but-perhapsy you have
some theory to account for it,"
"No;" returned Bartels, CURLY, osten-
',tatiously consulting notebook which