The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-04
POINT OF THE CONTEST
The Ownership of the Lode Is at
Stake.
F. A. HElNZE ON THE STAND
He Neatly PARKED the Questions He Did
Not Wish to Answer Directly-Ex,
amined by MIR. Marshall-The
Real Fight just Beginning.

When court adjourned at o'clock
| yesterday afternoon the great mining
suit of Z. Rollins Morse VS.. the Mon
tana Purchasing company had just got
to real beginning. All the work of
| the week past has, in fact, been only
| preliminary to the real issue. The at
torneys have been occupied in giving
the jury different ideas as to the value
of the ore stolen in case it should be
| found that the ore was not the prop
/ erty of the defendant company. The
point of contest in the trial is the own
ership of the lode. This morning, TAX
| ing of testimony of mining men and
experts will begin, the preliminary
work having all been finished last
| evening.
The one enlivening feature in very
dull day at the court was the testimony
| of f. A. Heinze, the president of the
| defendant company. One of the sharp
| est and shrewdest lawyers of the coun-
| try, Louis Marshall of New York,
| cross-examined Mr.. Heinze and found
| in him man as sharp and shrewd as
| himself and all efforts to entangle him
were unsuccessful. Mr.. Heinze evaded
! in very clever manner the answering
| of questions that he did not want to
answer directly. The sparring between
| Mr.. Marshall and Mr.. HeinZe, which
| took up most of the afternoon, was
| greatly enjoyed and would make inter-
| esting reading were it possible to pub
lish a stenographic report of it.
| Mr.. HeinZe was the final witness on
| the question of the value of the ore
taken. Then Mr.. Corbett stepped aside
| and Mr. Vale began the second part
of the case-the testimony as to the
ownership of the lode. Three witnesses
| testified to the correctness of the map
and model of the defendants and then
court adjourned for the day.
At the opening of court In the morn
| ing Mr.. Leonard was placed on the
stand for cross-examnation. Judge
Lindsay examined him. The witness
said that under orders all grades of ore
were sent up for assaying, first grade
as we'll as second and third grade.
Judge Mediation then stated that the
present evidence was not being intro
duced to place a value on the ore but
| merely to show the similarity between
the ores found under the surface of the
Michael Dewitt and in the rest of the
Rarus.
j. r. Reed was the next wit
ness. He said that they sampled
| doubtful places to see whether or not
they were high enough to pay for min
ing. Samples which he took showed
the following percentages in copper: 2;
2.6 90; IA; "a: 53: Is: 80; IS. 3; 81;
g.; "a; So 12.1.
The witness said there were high class
streaks and low class ore all through
the mine.
Daniel Sheehan, a topman at the Ra-
rus, said that it is his duty to take the
car samples and the mine samples from
the mine to the assay office.
George Witikind, assayer at the Ra-
rus mine. testified to receiving the sam
pies from Mr.. Sheehan. He said that
he believed all the assay certificates had
been shown in the case except those
selected by shift bosses not now in the
employ of the company. Taking the
assays altogether from the Michael
Dewitt and from other portions of the
mine he found the average of the ore
from under the Michael Dewitt to be
3.25, and from the rest of the mine to
be 1886.
The witness said the total amount of
ore produced by the Rarus mine from
September, 1896. to April, 1897. was
140, S96.471 pounds OF this 100, COL
pounds went to the concentration and
the balance to the smelter. Assuming
that the total tonnage taken from the
Michael Dewitt was 17,163, that would
be 24.3 per cent. of the total output of
the mine. OF the ore shipped from the
Rarus mine, 929 was concentrating ore
and was shipped to the concentration
Using the same proportion 31.SSS,4
pounds of the Michael Dewitt went to
the concentration and the balance to the
smelter. The assay of the first class ores
had copper value of 22.49. The aver
age assay value of the second class or
concentrating ore was 5.5
E. III. Trerise, engineer for the NJ. O.
p. company, said he had estimated the
number of tons of ore extracted from
the Michael Dewitt ground. He calcu-
lated that 4712 tons had been extracted
from the Bryan Slope. 1876 from the
Mckinley stope, and 5,775 from the 450
Slope. From these aggregates and from
all other openings In the Michael Dewitt
he calculated that the total ore extract
ed was 1I,165 tons. He took one-third
off for waste. His experience and his
calculation of other slopes and drifts
showed him that about third should
be allowed for waste This third is now
used in the slopes for filing.
ID. w. Turner took the stand at the
opening of the afternoon session He
said that from Sept. |, 1896, to April 1,
1897, there We're received at the concen-
traitor from the Rarus mine 130,9S0 ,60l
pounds of ore, dry weight. This pro-
duced 7,272,716 pounds of copper and
1854 ounces of silver This was merely
the second class ore.
James Hickey, sampler for the Nj. o.
p. company at the smelter, testified
that it was his duty to take samples at
the smelter. He sampled the ores re-
ceiyed at the smelter from the Rarus
mine from September 1896, to April.
1897. He took the samples to the assay
office. but knew nothing of the result
of the assays.
Steve Raymond testified that he is
head chemist and assayer for the M. O.
+. company, with which he has been
connected is months. All the ores of
the company are assayed at his office.
All the ores from the Rarus were as
sayed by him or under his supervision
j. q. Damson, clerk at the NJ. O. p.
smelter said the amount of ore from
the Rarus mine delivered at the smell
ter from September 1896, to April. 1897.
was 9,915.S70 pounds. The amount of
copper in this ore was 1859 651 pounds
and the amount of silver was 14497
ounces. The average assay of all this
would be 2.92 ounces silver and q. SO per
cent. copper.
w. A. Kidne, superintendent of the