The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-17
IS NEARING THE FINISH. !
Last Expert Witness in the
Pennsylvania Case.
CLARENCE KINGS VIEWS
Great Mining Geologist on the Stand.
His Appearancs-The Impression
He Gives - Mr.. Hughes.
Cross-Examines.

At last it fairly can be said that the
great mining suit between the Montana
Ore Purchasing company and the Bos-
ton & Montana is nearing its end, after
nearly nine weeks of continuous pro-
ceedings. On Saturday last at s o'clock
p. m. Clarence King, the defendants
last expert witness, was finally dis
missed, after having occupied the wit
ness stand during the entire week.
The testimony of Mr.. King was of the
most absorbing interest. While much
of it was too detailed and technical to
be fully appreciated by laymen, there
was also a great deal that was level
With the comprehension of any ordln-
arly intelligent person. To the resi-
dent mining engineers and geulos:sts,
as well as to those from aSrol1 who
happened to be in attendance upon the
trial, Mr.. Kings appearance as wit
ness was an event Of deep significance,
and his testimony was listened to as
the emanation of a master mind.
This is especially true with reference
to the first two days of his direct testi-
mony. On these days he presented to
the court his views concerning the geo
logical formation of the Butte district
in general and of the controverted
ground in particular. 1t is no dispar-
agement of any other witness to say
that in the breadth and depth of its
scientific scope Mr.. Kings testimony
probably has never been equaled, and
certainly never surpassed in a Mon
tana court. His extraordinary strength
as a geological expert lies in the fact
that he is a recognized authority him
self, separate and apart from the mere
question of book lore. That is to say,
While perfectly familiar with the stand
ard books, his own personal experience,
observation and research have carried
him beyond them upon some points, be-
cause he has not only had the advan-
tage of a careful study of all that the
books contain, but in addition many
years of the most careful investigation
in a field that has literally extended
from Alaska to Patagonia. Hence, to
confront him with a work that is US
fers from his expressed views, by no
means operates as an overthrow. The
books might be right in some cases,
and Mr. King right in others.
The testimony given by the various
experts in this celebrated case goes to
show that geology can scarcely be re-
garded as an exact science, because of
the irregularity of the formations with
which it deals. 1t is impossible to ex-
actly duplicate the chemical operations
that have taken place in the solid crust
of the earth because the motion, the
pressure and in some cases the intense
heat are lacking. Hence some things
must be left to intelligent conjecture.
Then some of the rock formations are
exceedingly complex, and occasionally,
chemical or structural differences
between two rocks are so slight
that II, even biologists j, are fire.
quently in doubt or at issue concerning
them. This was we'll illustrated in the
case now on trial, when a number of
eminent biologists testified positively
that a certain piece of rock was por-
phyry, while others We're just as posi-
tive that it was indurated clay.
While Mr.. Kings direct testimony was
the most interesting, it was upon cross
examination that he developed the
greatest strength, mental alertness and
detailed knowledge. 1t is one thing to
make a direct statement uninterrupted,
except by friendly attorney, and an
other to answer "a steady stream Of
cross questions by an astute and bril-
liantly accomplished mining attorney,
such as Mr.. Hughes undoubtedly is.
The uniform comment is that during
the whole three days that he was thus
under fire Mr.. King never falterel or
broke once. There We're questions
which he could not definitely answer,
but it was observable that in almost. if
not quite every instance, he based his
inability upon the uncertainty which
surrounded the point, saying that no
man could answer definitely and GER
tainly.
Mr. King is very prepossessing In his
personal appearance. He is apparently
about So years of age, a little below the
medium height, compactly built and APP
parently as active as he ever was. His
face is decidedly intellectual, his head
of good size. with an ample forehead;
he has bright genial eye and he wears
a full beard cropped short and literally
springled with gray. His air, while at
all times kindly and courteous to his
interlocutor, was that of man who
had the utmost confidence in himself,
and his testimony seemed to fully
justify his self-confldence. 1t was re-
marked that after full week upon the
stand his mind was as bright and clear,
and his answers as prompt as when he
began.
The substance Of Mr.. Kings testi-
mony has been given from day to day
in the Standards regular news columns
and it is not necessary to present any
synopsis of it here further than to say
that he denies very positively that the
ore bodies in dispute apex in the plain
tiff's ground. His view is that the
ground between the faults must be con-
sidered as north and south lode: that
west of the west fault there is no out
crop in the plaintiffs ground: in other
words, that the ledge does not reach
the surface; while east of the east fault
the apices are all south Of the plain
toffs south side line. According to the
defendants theory If the court accepts
this view, it defeats the plaintiff S
claim.
The remainder of the defendants tes-
timony must now be chiefly of routine
character bearing upon titles, and there
cannot be much even of that. The
plaintiff will, of course. have some re-
butting testimony, but how much, or of
what precise character, remains to be
seen. But the main battle has been
fought. Upon the principal points in
controversy the issues are made as
directly as they We're in the pleadings,
and the final determination must de-
pend upon how the court has been inn
pressed by the opposing witnesses.
LEVEL ANTI CTnDC