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

Mnetner IL Is n zone or not. was tnls
law made for experts?
Mr.. Forbie conclr1ed his argument IN
one hou and five minutes.
Last evening Governor r. b. Smith
opened the argument for the defense.
Mar. Smith spoke FIRST OF the value OF the
ore taken. provided that the ore taken
belonged to the plaintiff and not to the
defendant. Allowing MIR. Klepetko's own
figures to be correct, they could only
claim So 900 damages. Proceeding TO the
main issue. Mr.. smith said that IT should
be remembered that all the development
of these workings started from the Rarus
shaft. Down from the 80 the defendants
worked on ore ali the way down without
a break to the ground In dispute. surely.
then. the apex is on the Rarus, and not
on the Michael Dewitt. The very Slopes OF
the ground in dispute were projected by
MIR. Batterman. said the speaker. who
has been the cause and occasion Of all
thus litigation.
Your honor, 1 object to the accusation
against Mr.. Batterman,' said Mr.. Lind
say. There is no evidence to justify the
charge"
Il will then say" said Mr.. Smith, that
there is evidence that this Batterman
raise was raised on these Slopes at the
direction of Mr.. Batterman. There Is ev-
idence of that The only claim the plant
ins can set up as their right to the ore Is
hat there Is "A mud seam two inches wide
going through the vein. That mud seam,
they claim, turns one vein of ore into "
veins. They show no apex to their vein.
They only show mere fioppers from the
hanging wall, mere fioppers."
The speaker said that there
is found the same kind of matter west of
the fault as east OF the fault. Mr.. n orbis
had thrown ridicule on the experts, but
how. except by means OF experts. can
they claim that they have a right to this
ore by virtue of "A mud seam? He said
there is not one of the miners who testi-
fled hat, IL turned loose i'm the mine by
six months. lie would never have seen IL.
they go In there accompanied by
an Expert and he points out the fault to
them. Even II the streak from the north
vein to the Rarus surface is smaller than
that which goes to the Michael Dewitt
surface. IL is Older. and II is age. not size.
which counts. IL the contention of the
plaintiffs is right, then, before a miner
develops a mine, he must first send for
an expert and have him examine the
mine from beginning to end to ascertain
whether or not there Is a mud seam run
ming through IL. III a verdict is rendered
for this contention. then, indeed, the day
of the expert has dawned in Butte and
the day of the miner has passed. The
governor spoke oD minutes.
Mr.. Marshall then spoke for the plant
IFS. He said that he could not make such
an impression as the learned governor
had. for he had not the physical strength.
He would not try to throw "a cloud of
dust I'm the eyes OF the jury. but would
merely discuss In a plain, straiGhtfor-
ward manner the real points at issue.
The governor had not been able to see
anything but a mud seam. lie was sur
- A. -
to the Butte a Boston company and the
Boston & Montana company as grasping
corporations. which would crush the NJ.
o. II. company out of existence. They are
two of the Industries in the state en-
ploying thousands of men and develop
ing the mineral resources of Montana.
The speaker thought the establishment
of the apex of the veins In dispute I'm the
Michael Dewitt ground should settle this
matter without going any further. He
believed the jury had never heard of a
zone In this district before. He did not
believe anybody in Butte had heard OF
one before. He had heard OF lodes and
veins, but not of zones. This zone is like
a nowball: il grows and grows until IL
meets the requirements of the case. IL
this zone theory Is To prevail. then the
mining of Butte is to he lone in the
courts instead of i'm the mines. The zone
AutblN NOulu uflloilsh lNStll ny ~ oNl
insolence.
MIR. Marshall then proceeded to discuss
the question of the amount of damages,
in case the jury should find that the ore
belonged to the plaintiff. and not to the
defendants. He said that the Butte AZ
Boston and Boston & Montana do not
desire to crush the NJ. D. p. or any one
else. They merely want what is their
own. nothing more. in spite of the lam
guagc of the governor of this state, who
is the governor OF the whole people. and
not of any one section. The damages
claimed by the plaintiffs Is $4,000. In
their answer the defendants admitted
SIG. 900 worth of ore taken, but i'm their
amended answer admitted that ii was
only worth s2i 600. Mr.. Marshall went over
the figures to show that the value of the
ore taken was substantially what Is asked
for I'm the suit. $4,000. or sliI. l09. SO in
actual figures to "A man with a smelter
of his own. or the value to n leaser would
be sll3, 900. Mr.. Marshall spoke 80 minutes.
At the conclusion OF his talk court adj
journed until this morning.
Wednesday evening one of the jurors
I'm the mining case became a father. Yes
terday Juror Hennessy os&o brother by
death. The case has been on trial Just
one month from yesterday.