Arizona republican., 1898-10-02
THE OLD
 SILVER TRAIL. PV kHApV cTTCrNTV
BY MARY E. STICKNEY.
Continued rom Yesterday.)


 chair, rrining engineer and expert whose reputation stood second to none in the state. He had carefully exam ined the Mascot I,ine, it's surface ground ard workings, ard he would state that it was unquesticnably true Assure vein, with foot ard hanging walls most clearly defined. He described the char acter of the country rock" the width between walls, direction and dip of the vein, demonstrating the character of its ore by certain specimens which, after objections on the part of MT. Crilc.-, were given to the jury for eN- animation. He described the fault" which occurred in the haEging-wall of the mine, explaining by what natural agency it had been occasioEed, declar- ing very positively that he had been able to discover no evidences.whatever of any true vein intersecting the Mas cot ct this point. Further, under an order from the court, he had, some months before, made an examination of the GrubStake property, finding there no true lead except g, small hnife-bladc seam which had been opened up in the 150-foot level, which was rot in evi- dencc in the present case. The rich ore body claimed by the mine all lay within the territory of the Mascot, ac- cess thereto having been gained by fol lowing as a true lead the slip or fault in the Mascot's hanging wall, cs afore- said. But although he had much to say, this gentleman spoke with q swift directness4 that consumed little time Mir. Criley proposed a few questions, 10 some of which Bartels interpcsed technical objections, thereby using UP few minutes in wordy controversy as 10 the law in the case, while he further kept the witness in the chair for redi rect examination until the judge leaned over his desk with frown 10 protest against such useless repetition. It new lacked but 13 minutes of being five o'clock, however, ard it was with an air of buoycnt cheerfulress that Bar tels called his lGst witness to the stand. So far he felt the day was his.
 But before three words had been spoken it was clear that this last wit ness, an assaycr from the local snclter. for some reason would rather have been excused. He reluctantly admitted that he had made assays from both the Mas cot and the Grubstale ores. He could not deny that they were similar n character, but he did not remember hat he had ever said that in his opinion they came from the same vein. He did rot know why he should have said any thing like that; it was understood at the shelter that business was not to be talked outside; moreover he could not say TOW that he did think they had
 come from the sane vein. Ore from ad- | jacent mines was commonly quite sim ilar As to whether. the Grubstake had been shipping high-grade ore of late he 1 could not say; only the superintendent
 Of the shelter could tell that; he kept l run of the lots that came in. The wit 1 ness had made most Of the assays ot
 late, but quite commonly the samples
 had been simply numbered so that he
 had TO means of knowing from which
 mine they came. Again Mir. Criley
 s1nilingly waived the privilege of cross examination and Bartcls saw the wit ness leave the chair with feeling that his cause had gained nothing by this tes
 timony beyond the consumption ot time. But it Eas now six minutes be | yond the regular hour Of adjournment i and he felt measurably content as he ad | dressed the court, making a motion that
 the jury be taken through the workings
 of both mines the next day, a motion l promptly denied. Each side in con l troversy, his honor declared, was at lib | erty to bring into court such maps l drawings or other documentary evl dencc as might be thought necessary to make clear to the jury the points il 1 dispute; but he saw no reason for vast
 ing the time of the court in what would
 be simply a day of junketing in th( | mountains.
 As Bartels had ceased to look for an. favor from the court he was not sur
 urised nor in any wise cast down, a. ! with a rcassuring glance at the clock 1 he resumed his seat. But q surprise was in store for him as HOW the judge leaned
 over his desk again, impcrturbably gag
 ing over the heads of the compan,
 while he deliberately announced, that
 owing to the pressure of other busines:
 and the desirability of hastening ths
 case before the court they would not ad jul.rn that evening until six o'clock
 "Gentlemen, you may go on with tht
 case,' he courteously added, with al
 unseeing glance at Bartels.
 There was a murmur of exclamation
 in the back of the room, and the clerk
 ~ooden-faced and indifferent, nechani
 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 thi
 court please, on account of the absenct
 of material witnesses, I find myself tn
 able to maintain the issues of this cast
 and am therefore compelled to submi
 to Q voluntary non-suit. I will there
 fore move the court to dismiss this sui
 without prejudice"
 MT. Criley was at once upon his fee
 damnudincr that inc po117-t oyPrT1r1e th i