The Anaconda standard., 1898-03-03

is the great Anaconda lode. In close
vicinity il the great lode Of the Noun
tain View. practically parallel An
other map was exhibited showing the
workings on the Mountain View, with
its two big lodes within 600 feet and
the workings IF the St Lawrence.
Rarus and Pennsylvania. Connecting
the lodes Of the Mountain View and
the Anaconda. from the hanging wall
Of the one TO the foot wall Of the other
IL a mineralized fissure which later
joins the Anaconda lode. now become
the Rarus lode.
The defendant. said the speaker, has
two sources of title To the ore in dis
pute in the Michael Dewitt. The apex
of the top part of the footwali of this
vein lies west, vertical plane drawn
down from the east end line of the RAJ
rus. If We have a title to the Rarus
then we are undoubtedly entitled to the
ore. But apart from that we have an
other claim To 1t. We purchased years
ago the Johnstown which oyerlaps the
same territory. owing 10 the dip the
vein gets constantly farther south from
the apex.
\ model constructed 30 feet to the
inch was then exhibited and explained
showing the Rarus claim. The model
showed the Slopes of the Michael Dewitt
where lay the ore in controversy. The
Slopes which contained this ore are the
$50. 600 and 700 foot levels. The GOO is
called the Bryan stope and the 700 is
called the Mckinley stope. The defend
ants, said the speaker. did not come TO
this body of ore on "A wild goose chase,
cutting through by country rock. but by
following their vein in the proper process
of mining. in following the ore from the
lode which he has discovered. The foot
wall Is tine most important and the
most regular and Well defined wall Of a
vein. A hanging wall generally in this
is moi well defined 81 10 fant-
wall and may often depend on the min
eraliZation. The speaker showed the
walls on the model and described their
position in the Bryan. Mckinley and
450 Slopes. Besides footwaIl and hang
ing wall evidence Will be presented
showing the character of the lode be-
tween the two walls. The speaker
showed the court workings done for
the purpose of the trial Among these
workings he showed the Michael Dewitt
shaft sunk midway between the two
aptces. He showed that this shaft a
a depth Of so feet struck a streak which
turned north instead of south. All
through the zone from hanging TO foot
are streaks which open up into large
bodies Of ore. Then there are horizontal
mineralized streaks.
A fault in the sense of the geologist
would be a displacement of parts re-
sulting from a fracture of the earth.
But in the sense of a miner a fracture
is not a fault unless il dislocates his
ore. Otherwise it is a slip plane. In
the sense we use the term now we shall
call 1t slip plane rather than a fault.
The speaker denied the contention
made in the opening address for the
plaintin that there was any fault here.
The speaker claimed that the defend
ants have followed down the ore from
the top 10 the very slopes from which
the ore had been taken, There is no
apex under The fault.
Our contention, concluded the
speaker. lis that all these Slopes from
which we took ore are parts of one
lode. and that lode ours. There is a
difference in extent of naturalization
in different parts of the lode. Where ii
is rich, as in this case, the ore is taken
out. The data as to the value of the
ores taken will first be gone into, but
this viii not be material in case you
decide that the ore taken was from
our property and not from that of the
plaintiff"
The address of Mr. Vale lasted an
hour and a half. At its conclusion
Judge Mediation offered i'll evidence a
certified copy of the notice Of location
of the Rarus lode claim. made Oct. 2.
1873 by n. l.. Turner ct al. This evil
dence was objected to, If introduced for
the purpose of proving the parallelism
of the end lines of the Rarus. The
judge reserved his ruling on this point
There We're then introduced a certified
copy of a deed from N. l. Turner 10
S. Il. Hirbour ct al. of his interest in
the claim. dated March ~, 1879. A deed
from Louis Nerbelli to Eugene Four
nier of an interest in the Rarus, dated
March u, 1879, from the same to Pate
Pateron Of a fourth interest in the
same. dated March 6. 1873: from Eugene
Fournief 10 Michael Ray of one
eighth interest in the Rarns dated
June !. 1879. "A deed from Michael Ray
to Julian Marchesseau. dated Sept. H.
1852. conveying onc-eighth interest in
the Rarus. the last will of Michael
Ray, letters testamentary and DEGREES
of distribution; "A decree in the action
Of Louise Pare Us Marchesseau and
Hirbour conveying the interest of the |
defendant in the Rarus To the plaintiff,
n deed from the heirs of Julian Mar
chesseau and :. iiirhour guardian, TO
Domitalla Pare of one eighth interest
In the karus. The court then took the |
noon recess
At the opening of the afternoon ses-
sion Judge Knowles ruled in regard to |
the location notice offered in evidence |
by the defendant that he would admit /
the location notice as evidence. More !
evidence was then intro |
1uced by Judge Notation for the de- /
fendant To show the chain of title |
These included "A power of attorney |
from Louise Pare 10 Moys Paradis. a /
deed dated Nov. /. 1854, by Domitalla |
Roy Pare, by attorney. Noyes Paradis, I
To S, Hirbour of one-eighth interest i
In the Rarus. deed dated April 90. |
from Eugene FORMER to :, Eirhour of /
an eighth interest in the Rarus and of /
the portion of the Johnstown which the /
defendant owns. objection was made I
10 the Introduction of this evidence as
rH..F.
ship in the Johnstown. This objection +
was nyerruled. Other documents intro /
duced We're notice of location of the I
Johnstown lode claim made Jan -.
1879. by John f.. Lloyd et al. a deed /
from David +. Lloyd To W. w Thomas |