The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-25

support of his motion. Mr.. Vale said he
did not care to argue the matter unless
the Judge should desire argument on
the matter. There are 5000 pages of
evidence in the case. and he did not
think IL necessary to review his all
before the judge. and then review IL
again before the jury.
Judge Knowles then said:
Whether I grant this motion or not
depends a good deal on the position of
the defendant in the case. The view
of the court was that substantially ID
appeared this vein or m~ineraliZed 10
had Its apex outside of the ground of
the plaintiffs: that "A mineraliZed vein,
lode or zone which had its apex outside
Of the plaintiffs ground was no part OF
the plaintiffs premises. that the gov
eminent of the United States. when il
granted to the patentee Of the Michael
Dewitt hat lode IL excepted out OF ii
all lode or veins or mineraliZed zone
which has been denominated a lode.
and IL became no part Of that lode. II
has appeared to me that If a man
should make a conveyance OF a tract of
land, reserNing "A coal bin underneath
the surface of the same. and a third
party came in and attempted To take
the coal the grantee could not object
or recover any damages. Now. | am
not clear whether the defendant intends
To hold that here Is a mineraliZed Zone
which has it's apex entirely outside Of
the plaintiffs ground: hat in reference
To this evidence In regard To the Wind
lass. north and cross veins. il Is To be
contended that there are no such veins:
that all the ground where the stopping
vas done belongs to "a lode because IA
mineraliZed zone is a lode-that 1t be-
longs To a lode that il outside of the
plaintiffs premises. That is n con-
tention of the matter for the jury to de-
-rNI - .I.- --- -
the law in the matter. Suppose IL
be found hat from the Johnstown lode
to the Windlass vein that all the coun-
try was mineraliZed, that here was n
vein, a true vein, such as the Wind
lass. north or cross veins, extending
down in that mineralized country from
which ore is AIKEN. ] should say the
parties are entitled to those lodes. and
If the ore was taken out of the ground
the party having the apex is entitled
to the value of the ore. III your con-
tention is that there is no Windlass or
north or cross veins. but that this rs ali
matter that pertains to a zone which
has it's apex outside of the plaintiffs
ground. then undoubtedly IL is n ques-
ton for the jury"
That's what we contend, your hon
or" said Mr.. Vale
They admit" said Mr.. Marshall.
that part of the apex of their zone is
on ground, and that part of the
apex from which the ore was taken.
There is no question as to that"
There is. there is. decidedly" eX-
claimed Mr.. Vale.
II think | will let this go before the
jury" aid the judge.
d | understand that your honor re-
serves his decision in regard to my
notion" asked Mr.. Marshall.
III reserve my decision for the pres
ont - said tho ildUa '1n1 lot tho mr.
guments to the jury proceed. will
have something to say on the matter
before the case goes to the jury"
That is another point to be settled
said Mr.. Lindsay. (which side has the
opening and which the ~closing?"
THE plaintiffs will open and close
said the judge.
"Wil you permit us an exception"
said Mr.. Vale.
The exception was granted and John
+. Forbis then started the for
the plaintiffs. MI. Forbis said undoubt-
edly the case had proved tedious and
wearisome to the jury and all were glad
that II Is drawing To a close. The first
and principal case To be determined is
the question of the amount of damage,
which question he would leave 10 Mr..
Marshall to argue. The entire question
Is over the ore taken from the Windlass
vein. The ore from the north vein was
ldhtil out Sllte the beginning Oh the
suit and the ore taken from between the
faults was not In Michael Dewitt ground
at all. The ore i'm dispute was all i'm the
Windlass vein and only part of that Is
in controversy. So much evidence a
been proved i'm the case. the speaker
said. that he would not undertake to
review the testimony. There had been
80 witnesses, Is saying one thing and
the other is the opposite thing. There
is some evidence for saying that the
north vein and Windlass vein are the
same vein. for they ave the same
apex. The cross vein which connects
them also seems to cement them to-
gether. Speaking of the zone. Mr..
Forbis said that all III defendants
could show was a three-foot streak pm
their footwall, which Is the Jonah
which they propose to swallow the
whale-take In veins which are far big
ger h the little streak on the foot
wall. Mr.. Bohmer's own testimony
showed that there were only seven little
streaks of a few inches each in the 100
feet between the north vein and the
footwall vein Of the alleged zone.
This case has really three matters for
discussion: First, the ground lying east
of the fault; second. the ground lying
between the faults. and third, the
ground lying at the foot OF the fault.
Regarding the ground east of the fault,
~ PiiiNiibi iutSAl'n was iitlt u ~
Gated the apex of the veins. Nobody
can deny that the Snohomish raise was
driven upon "A vein. The ia raise was
made by the defendants from the Slopes
for the particular purpose Of proving
that the vein went up into the Rarus
ground, but they failed. TIL defend
ants have raised numerous raises from
these Slopes 10 try To trace them to an
apex in Rarus ground. but they failed
In all. They have made no ore connec-
ton from the Slopes To the Rarus sur
face The speaker ridiculed the zone
of the defendants. The hanging wall
was badly defined. But Mr.. MacFar-
lane. he said. was about the only Wit
ness they could use I'm their attempt to
tax the Pennsylvania. They might
succeed on their testimony in taking
the Michael Dewitt, but they would
need a new crowd In their attempt to
take the Pennsylvania. When they ex-
tend their claims TO Silver Bow creek or
10 tho IfphlanA maintains sha,- yrna.ll