The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-17
HE'S FOR THE DEFENSE
A New Witness in the Pennsyl-
vania Case.
THEIR SECOND EXPERT
The Cross Examination of Lee Hayes
Finshed-Bulkly Gave an Excellent
Exposition OF Geological
Conditions.


defendant was decidedly interesting. A
new witness enlivened the day and
broke the montonoy that the protracted
cross-examination of Expert Lee Hayes
had created. The second expert witness
for the defense, Frederick c. Bulky of
Denver, went upon the stand in the
morning when the lawyers had finished
with Mr.. Hayes. Mr.. Bulky made
first-class witness in all respects. His
statements were terse, ineligible and
to the point and his explanation lucid
and connected, also his evidence was
strong. He made a good witness for
the defense.
His testimony was an excellent ex-
position of the geological conditions in
the disputed ground upon which the de-
PENDANT relies to uphold it's contention.
Mr.. Bulky places the creation of the
fault assures after everything else and
says that the ground between them
constitutes newer mineral mass, dis
tinct from the veins outside of it. He
also says that there was a vertical as
well as horizontal displacement of the
ground west of the assures and hori-
zontal displacement of the ground be-
tween them. He gave the extent of the
displacements in figures; and his de-
scription of the geological movements
was very interesting. He will be on the
stand again on Monday.
The redirect examination of Expert
Lee Hayes was resumed at once upon
the opening of the case.
What is the difference in the ele-
walton of the top of No. 3 shaft and
the point where the apex of the most
southerly of the three long parallel
veins crosses the south side line of the
Johnstown claim?" asked Mr.. Scallon.
The witness did not have the eleva-
tions of the places named with him in
figures, and could not remember them,
so he could not give the difference.
The plaintiffs apex map was brought
out and hung up.
The witness indicated the veins that
he had told Mr.. Hughes looked as if
they might cross, at one time. until de-
velopments proved the contrary. These
veins were the south vein and the
nameless vein, the witness said. The
nameless vein on the defendants map
corresponds most nearly with the Rarus
discovery vein on the plaintiffs map.
The crossing once thought possible was
not the crossing shown on the plaint-
ifs apex map; 1t would have been far
Their north.
What caused you to say that you
changed. the coloring SO that It showed
no crossing?" asked Mr.. Scallon.
THE developments made in the
ground" said the witness.
What do the developments show?'
THAT there is no such crossing at
ALL"
Mr.. Scallon asked the witness what
other changes he made in the coloring
of the map, and he said that he had
changed the color of the south vein
east of the east fault. The coloring
had not been made by the witness to
show any correlation of the veins. 1t
had been put on arbitrarily.
IF vertical vein had been faulted
so that part of its apex was displaced,
and the two parts formed separate
apexes upon parallel lines, could they
be called two veins and could two in
dependent mining locations be made
upon them?" asked Mr. Scallon.
Mr.. Hughes objected and the court
overruled the objection.
The witness answered the question
in the affirmative, using a diagram on
a sheet of paper to explain the case.
Mr.. Scallon next asked him to ex-
plain the sense in which he used the
term independent vein'' in his Michael
Dewitt testimony.
He said that he meant that the vein
referred to was Independent of the
veins east and west of it.
He pointed out the Slopes that are
represented upon the plaintiffs model
but omitted from the defendants, and
said that what remained, as represent
ed on the PLAINTIFFS model, were repre-
sented upon the defendants.
He said that the stope on the fiat ore
body between the faults upon the plain
tiff's model dips at an angle of 80 de-
grees to the south, and the stope just
east of it, outside the east fault, is
vertical. The boundary of the fiat
stope at the east is the east fault. The
east edge of the stope on the powder
vein, as shown on the plaintiffs model,
follows up toward the surface the stope
or the west fault.
This terminated the testimony of Mr..
Hayes.
Frederick G. Bulky, civil and mining
engineer and mining expert from Den
yer, Colo, was the next witness.
Mr.. Bulky gave his name and age,
saying that he is 46 years old He said
he is civil and mining engineer, and
has been engaged in his profession
He was educated as a civil engineer
in Michigan. His first work as a min
ing engineer was done at LeadyiIle in
1879. From 1871 to 1879 he worked as a
civil engineer on the Great Lakes
Where did you first work as a min
ing engineer asked Mr.. Patterson.
"At Leadville. l worked at my pro-
ly.
He stated that he had had much ex-
perience in the blanket veins of Lead
vile, and had made underground sur
veys and engaged in work required by
litigation, such as that figuring in the
present case.
The witness was at Aspen from 1887
to 1898, and followed his profession
there He spent two years in Mexico
as general manager of mines and as
an, expert. He was next at Denver,
where he operated mines of his own.
He has been in Butte since May last.
While he was in Mexico he was in
the employ of the Guggenheim people
of Denver, who have smelters all over
the West. His work in Mexico was to
ascertain the quality and quantity of
ores in mines that he examined.
While at Leadville he had charge of
the celebrated Little Johnny mine there
for year.
He described mines of his own at
Leadville and mining properties at vari-
Gus places in Colorado for which he is
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