The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-24
A SURPRISE WAS SPRUNG
Mining Suit Plaintiffs Unreel a
Panorama.
THE GROUND IN DISPUTE
II Was AT Feet Long and Showed All
the Veins and Streaks Life Size.
To-Day Is the Last for
Testimony.

The plaintiffs in the mining suit
sprang a surprise on the defendants yes
terday afternoon and treated the court
and jury 10 a panorama. The pano-
rama is 42sis feet in length and repre-
sents a cross section cut through the
zone of the defendants and some dis
tance south of the zone. The panorama
was unrolled from one reel and rolled up
on another reel. the jury and spectators
having in the interval between the two
reels a view of the passing cenery. This
scenery consisted of a representation of
all the veins. veinlets. witnesses, ~veinees,
seams. s~tr.ngers. streaks of ore, etc, in
the ground in dispute.
These veins, streaks. seams. etc. are
taken in life size from actual measure
ment. according to the testimony of the
plaintiffs. and afforded an opportunity
of comparing the size OF the ground and
number of streaks in the footwall of the
zone, in the Rarus ground. in the
Michael Dewitt ground. in the hanging
wall and south hanging wall. the idea
of the plaintiffs being that the panorama
would prove much more effective than
oral testimony in giving the jury an
sdea of the naturalization in the zone
and outside of it and as to the grounds
for considering the various veins as
constituting one zone or separate and
distinct veins. This nod was exhib-
fled by Mr.. Wylie. the 18th n last
witness for the plaintiff. Mr.. Wylie also
exhibited a number OF photographs.
Some were of the surface of the ground
and others We're of underground work.
1ngs. taken by fiashlight. Mr.. Wylie's
testimony was not concluded when
court adjourned yesterday, but his ex-
animation will doubtless he concluded
this forenoon. The defendants may then
have some rebuttal. which is not, how
ever, likely to last more than an hour
or two. To-day will. therefore, be the
last day of the testimony.
The attorneys for each sid will this
morning, before court opens. meet UNI
der a flag of truce to arrange the de-
tails for the ina contest-the addresses
20 the jury. In an informal talk yes
terday Messrs. Vale and Forbis. the
leaders of the respective armies, agreed
that the arguments should he brief.
They substantially agreed to three
hours talk on each side. but the defi-
mite arrangement will be made i'm this
mornings conference. The arguments
may begin this afternoon. but are not
likely to be started before tomorrow
morning. II necessary to finish the ar
gument and give the case to the jury
there will be an evening session Friday,
provided Judge Knowles consents.
+. j. Rodda was up for cross-eXami-
nation by Mr., Vale at the beginning
of the morning session, but Mr.. Vale
stated hat as the ground gone over by
this witness was the same as that gone
over with others, he would not cross
examine him.
ID. NJ. Clements was put on the stand
TO identify some assays made by him,
hsaf ha uraG NOT ono of tho aNnaEfG
5. w. Tyler of Denver, Colo, was
then put on the stand. He is a mining
engineer. Studied five years in Ger
many, from 1868 to 1868. He had been
engaged in mining all over the United
States and Mexico. Last August he
spent three weeks in Butte examining
the Rarus and other properties and also
more recently. The Pennsylvania.
YOUNGSTOWN and Mountain View he had
also closely examined. Mr.. Tyler was
asked TO give the result of his examina-
tion. and said:
There is a body of ore on the Wind
sass vein in the Michael Dewitt ground.
a second bench Of ore called the North
vein, and a third known as the cross
vein. which are the subjects OF this
controversy. The defendants combine
these three with another vein in the
Rarus vein as all forming one zone. We
claim that these three veins I'm the
wi looiie "a d
and distinct from those in the Rarus.
and are not to be called a part of their
zone. The Windlass ore body forms "A
fairly regular vein. The north vein.
while its ore bodies are not so large
as those of the Windlsss, has much
good ore and is stopped out with general
continuity. These veins keep within the
Michael Dewitt ground during their
entire course and apex on the Michael
Dewitt surface"
n witness described the ground in
detail along the lines taken by former
witnesses and exhibited a number Of
eamples of vein matter taken from the
Snohomish raise, Free Milling raise and
other portions of the Michael Dewitt
ground.
The witness then described the ad-
3oining claims. particularly the Johns
town claim. and then began to talk
about the extra-lateral rights OF the
YOUNGSTOWN.
. "Is this witness employed TO argue
the law in the case?" asked Mr.. Vale.
mo. sir; ! will say nothing more on
that subject" said the witness.
The witness said that so far as scien-
fi7c knowledge zoe the Windlass and
North veins are cut of by he east
fault. They end right there. The fault
II a clay seam which runs from half an
inch to a foot or more i'm width.
DO you consider the Windlass vein
and the fiat vein to be the same?'
: 1T II probable that they originally
came from the same ore body. but they
cannot in any scientific sense be called
A.~cAAA