Arizona republican., 1898-10-01

bruDStalScS only real clllI1 10 QiScOF- cry, could Le considered . true vein, it's direction, running as it did across the side lines of the Mascot, effectually barred the Grubstalle owner of any cxtra-lateral rights whatever in that so-called discovery. In relocating the claim, plainly the intent had been to bring the richest portion of the Mascot territory within the Grubstalle side lines; but nature had been so incorsid crate as to put that little slip in the hanging wall just q few feet too far toward the east, ard thus the Grub stake drift. for obvious reason, planned to enter the Mascot territory at such a point as would not intersect the Mascot workings, had first come into ground so unexpectedly lean that tic enterpris- ing manager had been forced to go be- yond his side lines for the rich pick iiigs he was after. The speaker quoted further from the case of the Iron Silver versus the Elgin Mining company, in which the supreme court had explicitly declared that if the locator does not make the explorations necessary to ascertain the true course. of his vein and draws his end lines ignorantly, he must benr the consequences. The owner of the GruEstake, the speaker declared, his voice vibrant with sar- casn, had perhaps made the mistake of his life when he had failed to jump the Mascot out and out; but it was an in stance Of short-sightedness almost un- raralleled in the history of gentleman whose peculiar methods had contrib uted so much Of the spice of variety to the mining annals of Colorado And from this he passed on to the mining history of the state, to the first discov- cries of the precious metals, with an eloquent tribute to tlc hai dy endurance and courage of the pioneers, citing sey- eral of the first rich strikes, and slipping in story in which everybody over looked the irrevelance for the fun that was in it. The mining conditions next occupied his attention, in his zeal to make all clear to the now somewhat restless jury, going back quite to the Palezotic age. He quoted voluminously from Hayden's survey; he carefully ex- plained the difference between the water-worn sedimentary rocks and tn crystalline structure of the igneous | going on to describe the differing char acteristics of the mctaEaorphosed sedi- | mcntary rocks of the Calnbrian, siluriar and carbcniferous series until the gar- ing jury, first amazed at such show erudition, were presently yawning f. shccr weariness. Right n.anfully Ii hcld his ground until it appeared cie,. that another word would make his cas forever abhorred in the minds Of t,
 unhappy six; resurirg his seat at r.
 n complacent consciousness thai ; icc,sed but 12 minutes of four o'cl ci, | With the four witnesses at hand he gsi sure of using up the remaining time
 fore court adjourned, while before nj o'clock the next morning he felt t,la | something must be Giscoyered cf IIarvc. 1 Neil.
 | The first witness for the plaintiff W. 1 the surveyor who had made the origirai location for tho Grubstalse as well (. 1 the Mascot lode. He produced Q note i book from which he read entries made Tn regard to the properties scme ten { years before. He thought the boundary lines of the Mascot as there entered were the same as appeared in the United States patent of q later date, but it was some time before he appeared to be perfectly sure. He mumbled in his speech and appeared to be on the verge of mental wreck whenever new ques- ton was put to him, than which noth- ing could have been more satisfactory to Donald Bartels at the present juncture The unhappy gentleman was encour- aged to take his time, and although MT Criley courteously waived the privilege of cross-examination, fully 25 minutes had been used up before hatchet- faced man in mining garb took his place upon the stand. He had been one of the original locators of the Grubstake claim, and he rucfully ex- plained how he and his partner had conducted their unprofitable experi- ment under spiritual direction. He re- lated, with sly appreciation of the en- tertainmcnt he was affordirg, that they had persevcred in their work until they had not so much to live upon as the smell of an oiled rag" when he made his partner present of his share III lHC Oiu tu4iHCl duu puIISu out. NO, they had never discovered any min eral to speak of, he disgustedly de- clared; they had struck 'horse'' of black granite that was almost as hard as flint the first thing, and in his opin- ion it went straight through the noun tain; at all events, they had never seen the end of it. He had never mined under spirit direction before CT since
 it had been his partner who had got him into that scrape, and he grimly averred that he didn't want no mcrc of it in his" to the great delight of the appreciative iGlers in the back of the room. MT. Criley had a few questions to ask of this witness, but could elicit nothing tending to show that the Grub stake, as originally located, had dcve4- oped anything even remotely suggest ing the mineral of it's present ship ment.
 (Continued Tomorrow.)