The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-25
Hello A NIGHT SESSION
The Big Mining Case Will Go to
tho Jury Tonight.
ARGUMENTS HAVE BEGUN
The Plaintiffs Finished Their Case at
Noon Yesterday NC Were Fol-
lowed by the Defendants
IN Rebuttal.

The case of f. Rollins Morse VS.. the
Montana Ore Purchasing company will
go to the jury tonight. The plaintiffs
finished their evidence a little before
noon yesterday. Then the rebuttal by
the defendants occupied q few hours. At
4 o'clock the argument to the jury be-
gan. 1t has been agreed hat each side
shall talk three and one-half hours. N
there will be three speakers on a side.
In order to be sure to get through this
afternoon a night session was held last
evening. The plaintiffs opened and will
close the debate.
The direct examination of Mr.. Wylie
was concluded a few minut after
court yesterday morning, and the
witness was turned over to the ten
der mercies of Mr.. Vale. who gave the
witness the usual rigid cross-examina-
ton. Mr.. Wales questioned him In
regard to every vein and v%einlet, and
every kind of rock. He read extracts
from Prof. Emmons' article on the
geology of Butte, and the witness
agreed in the main with the views of
Prof. Emmons. Selections were also
read from an article by n. @. Brown on
the geology of Butte. in which he spoke
of veins being different parts of the
same vein or one.
DO you agree with that view?'
asked Mr.. Vale.
Yes, inasmuch as he speaks of veins
or zones being as much as 100 feet In
width. But | wonder IL Mr.. Brown
ever heard of the astounding width OF
800 feet?"
"Oh. were you employed to argue this
case to the jury"
You have given your argument on
that matter. and / don't see why 1
can't give mine"
That is all right. provided o have
been employed for the purpose"
Mr.. Vale then read extracts from
Dana's Manual of Geology, and Mr..
wyiie agreed i'm the main with the
views there. Mr.. Wylie thought the
veins in a granite district show consid-
cradle clay. On redirect eNamina-
ton the witness said hat the Wind
lass. north and cross veins have all
been followed from great depth i'm the
ground and traced to their apex on the
Michael Dewitt surface. south of the
Rarus south side line. Whether these
three veins are the same or are distinct,
the apex Is In the Michael Dewitt
ground. The witness declared the zone
theory to be Illogical.
The plaintiff then offered in evidence
the maps. models. glass model. skele-
A'A hh3tNA tAhaH h'1hh Ahft'NA .
cross sections and everything else
which was used in the presentation of
its case.
That concludes our case" said Mr..
Forbes.
Mr.. yaile said the defendants had a
little rebuttal evidence TO offer. but
could get through il all in two or three
hours. J. A. Mcfarland was called TO
the witness stand Mr.. mcfarland
showed a plan map of the Harris &
Lloyd tunnel, illustrating the streaks.
seams. etc. He showed the apex of
the Pennsylvania vein. The real veins.
the veins worth noticing, were shown
on the plan map. which showed the
part of the tunnel which Is the zone
to have more N larger streaks h a
the country either side. At this point
the noon recess was taken.
The rebuttal testimony Of the de-
PENDANTS was completed about the mid
die OF the afternoon. James MacFar-
lane concluded his testimony. G. s.
McHenry then testified to the fact
that the ground taken out of the mine
alleged 10 be for purposes of this suit
was. in fact. commercial ore. w. II.
Raymond testified to the conversation
he had with John Gillie. wherein Mr..
Gillie told him of the various big zones
In this district. n also testified to the
accuracy of assays he had made. Geo.
Robinson testified to a plaque which
was introduced in evidence. and which
showed specimens OF the DOT wall and
hanging wall of the zone and Of the
zone itself.
This concluded the rebuttal testi-
mony. Mr. Louis Marshall Of the at
torneys for the plaintiff then made the
following motion:
"Now. at the close OF all the testi-
mony in this case. the plaintiff comes
into court and moves the court to in
struct the jury hat the defendant has
not justified its entry on the plain
tins ground. and on the whole evil
dence. oral and documentary. the de-
PENDANT is shown To have been guilty
of a ~trespass, for which the plaintiff is
entitled TO recover damages"
Mr.. Marshall made a few remarks i'm