The Anaconda standard., 1898-03-03

! Johnstown and Pennsylvania; deed
i from Peter Tatrow ct al to L. Aug.
/ Heinze. dated 1885, for Si50.0o0 for their
interest i'm the Rarus, JohnstoWn and
\ Pennsylvania a deed dated March g..
! 1895, from T. Aug. HeinZe to Arthur
=. Heinze Of the karus and the por-
tions af the Johnstown and Pennsyl-
Fania acquired by the former: power
of attorney from Arthur T.. Hcinze to
+. Aug. Heinze; a deed dated Aug. ~,
1897. from Arthur +. Heinze to the Mon
tana ore Purchasing company for the
same property.
It. r Baker WAS called as the first
witness for the defendant Mir. Baker
is civil engineer. in which business he
said he has been engaged for 20 years.
He was familiar with the ground of the
Rarus lode claim. He was on the
ground early in 1883 for the purpose Of
making an official survey of 1t for pat
ent. He identified the ground as
mapped in the patent as representing
what he surveyed.
Were the end lines parallel or nearly
so?"
This came close 10 the point of con-
troversy and the question was object
ed to. The objection was overruled.
The witness said the lines were paral-
lei.
The witness also testified that the end
lines of the Johnstown are parallel
G. s. McHenry then took the stand.
He said he has been acquainted with
the Rarus mine for - months as super
intendent of the underground works. In
September, 1896. they broke into the
ground beneath the surface of the
Michael Dewitt AMI took samples. 1t
was customary To sanlt it the lode at
various places - asee...ain &hai ore
vas of value FOR Mining and wha: Of
too low grade. The witness eNh1b-
tied some assay certificates. A sample
was taken from the east end # the $50
and showed IL per cent. copper. On
Oct. / of the same year another sample
was taken from the Michael Dewitt
showing &c. Another from the Bryan
stope of the Michael Dewitt showed J.3
and another from the same showed l
per cent. On Oct. s ore was taken from
the 400 level showing Is per cent. On
Oct. Il several samples were taken
One from the $50 showed / per cent;
No. s. from the 600 of the Bryan, 3 per
cent. On Nov. / No. 2 was taken from
the Bryan. showing "a. On Nov IA one
from the Mckinley stope showed "a
The ore taken from under the surface
of the Michael Dewitt was about the
same as in the other parts of the Rarus
but the rest of the mine had rather bet
ter grade ore. No first class ore was
found in the Bryan or Mckinley Slopes,
except In streaks. As miner of 35
years of experience, he said that sam
pies taken from high grade streaks in
different parts of the stope would not
give fair average value of the ore.
On cross-examination he said he did
not pretend to say that 2.8 was the
highest assay he got out of the Michael
Dewitt ground. although he did not re-
call any higher. He thought there We're
samples which went higher.
Isn't 1t II fact" asked Mr.. Forbis,
that you only sampled the doubtful
streaks. those you were not certain of,
and didn't sample those you were we'll
satisfied We're pay streaks?"
No, sir; we sampled all alike
The witness said there was lots of
per cent. ore on the Bryan and McKin-
ley slopes. and some went even higher.
The Vein was cut at the 450 in Septem-
Der, 1896, and was prosecuted. The
taking out of ore began the latter part
of December of that year and contin-
ued up to the time litigation began. He
thought the slopes would average a lit
tie better than the samples given. He
thought it would average about 4 per
cent. all through the mine. The Michael
Dewitt ore was mixed with the ore from
other portions of the Rarus. The wit
ness called first class ore that which
goes 10 per cent. or better One streak
"A foot wide Went Is to 20 per cent That
was taken from the north vein.
On redirect examination Mr.. McHenry
said that the samples were not taken
for the purposes of this suit, but in
the ordinary course of mining.
John Birmingham testified next He
has been miner since 1881 and shift
boss of the Rarus for two years He
testified to taking some samples from
the Michael Dewitt ground sample
from the Bryan drift went 0.S On Oct
a sample from the $50 showed 3.2. On
Oct. ! sample from the same drift of
hA Gh A af Al.
Bryan drift showed As and another
from the Mckinley %. Other samples
from Michael Dewitt ground showed re-
spectively 81, 30. 80 10. 81, 81, 81, is,
90 80.
The witness considered the ore taken
from the Michael Dewitt to be about the
same as that from other portions of
the mine. He thought the ore from the
north vein To be much better than that
from under the Michael Dewitt. He
thought the ore would go about 3ls to
per cent. on the average.
On cross examination Mr.. Benjamin
said that he thought the samples given
above We're all that he took. but there
might have been others
Mr.. Benjamin said that they got lit
tie first class ore from the Rarus. Look
ing over the assay certificates more
carefully a sample was found going as
high as 56.1, and number of car sam
Piles were found going above % per
cent. On redirect examination, the wit
ness said he knew nothing about the
car samples. He knew nothing about
what portions of the mine they came
from.
J. W Leonard was sworn and said
that he Is shift boss at the Rarus: he
also took samples from under the sur
face of the Michael Dewitt, and accord
ing to the assay certificates the sam
pies run as follows: l5.S. /, rs. 0S, /,
L.. /. 1.6, Sc. IL. "a. "a. |. IL, 81. 3,
81. %, AZ, SO. l.
Before the witness had been cross
examined adjournment was taken un-
til this morning.
Great Mort harm Train loa,.os fn,. /