The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-09-14

uIdhSs Vic vein anu tlidI llo cross rs
sure or clay slip would destroy its
identity.
IF vein were cut in two by a
cross assure, part of it removed by
displacement, part of another vein
fetched up and fitted end to end to the
remaining part, ore formed through
both, a two-inch slip of clay formed
in the cross assure by disintegration,
would the new structure constitute enc
and the same vein?" asked Mr..
Hughes.
Yes" said the witness.
Then, If a slight post-mineral move
ment occurred and changed -he Dip of
the intersected vein on one side, would
it still be the same vein?''
The witness said that the u,tes1ion
was not settled.
He admitted that this exact situa-
ton exists Sn the controverted ground
and that it is situation that creates
much litigation.
"And the lawyers and the experts
and mining engineers pat thu = heads
together and help it along, don't hey"
asked Mr. Hughes.
Yes" said the witness.
"And there is trouble of that kind
here?"
The witness did not answer.
The Windlass vein and the Nat vein,
so called, both having an east and
west course, but different dips, en-
body the hypothetical case pres
The witness said there were seq
ments of the east and west veins re-
tween the faults and one was located
on the map.
us this segment a vein?" asked Mr.
Hughes.
The witness gave an evasiye answer
and the question was put foLr TN. S
before he would give direct answer
Also the court was comp ellcd |, inter-
vene and instruct him t. answer di-
rectly and then explain if he Hsl ed
1T is not vein, but an ore body
in a north and south lode" he said
finally.
What? You say there is vein
there running north and SOUTH" asked
Mr.. Hughes.
The witness answered in the affirm
alive and said that the faults We're
the east and west walls IF north
and south lode.
This was the first positive asse, ton
of the existence of a north and nth
lode made in the trial Of the case,
though it was suggested in the cross
examination of Engineer McFarlane
The witness grew ratified at this
point and gave the definition of lode
as stated in decision of Judge Hal
lett. He said that he did not speak as
an expert or geologist in the matter
Then as lawyer-since you lay
aside your expert characterize you
call that north and south lode?"
Yes ss
The witness said that he would not
call the ground between the faults a
mineral zone. 1t was all one lode, with
pieces of barren ground included in it.
He said that he only reached the opin-
ion that the ground between the faults
constitutes a north and south lode 10
days ago and had not had it at the
Michael Dewitt trial
He had only come to the conclusion
after the present case had been on trial
two or three weeks.
He formed the opinion from Judge
Hallett's decision, which had been sup
piled to him by Mr.. Evans of the law
firm of Forbis & Evans, at his request.
Then. despite your 20 years expert
ence as mining expert, if you had not
met with the good offices of Mr.. Evans
you would still be in ignorance of what
constitutes lode or vein?' asked Mr..
Hughes.
The witness answer was rambling
and indefinite.
He was still ratified and continued so.
He raised a smile by the statement that
Judge Fields had distinctly stated that
engineers and mining experts were not
the proper persons to define a vein or
lout. ne uld llul lCSdlu a pdll VI uuSC
Fields decision as relevant or material
You think he wandered little as to
that part, do you?" asked Mr.. Hughes
The witness denied this.
He was asked who originated the idea
of the north and south cross lode. Mr.
Scallon objected to the question as call
ing for hearsay evidence, and the OBJ
lection was overruled and excepted to-
The witness said that the idea was first
mentioned to him by Mr.. Batterman,
an employee of the defendant. He next
heard some talk about 1t before the
case started.
But you were not converted till you
read Judge Hallett's decision?" asked
Mr.. Hughes.
ground and had studied the matter
up" said Mr.. Hayes.
He admitted that in.the Michael Dew
lit case he had called the fiat between
the faults the flat vein" and that while
the facts had not changed since then,
his opinion had. He had heard of the
north and south lode theory several
times previously, but his opinion was
not changed as to the formation be-
tween the faults till he read Judge Hal
lett's opinion 10 days ago.
Now, do you say that If two cross
assures or clay slips crossed system
of east and west veins, that the country
between would form new north and
south cross lode?" asked Mr.. Hughes.
Il do, If the ground between were
crushed and jumbled up" said the wit
ness.
He testified that mineral solutions
had leached down from upper levels
and enriched the large ore bodies on
lower levels between the faults. He
thought there had been a good deal of
secondary enrichment from above.
He gave the length and breadth and
the dip and strike of the north and
south lode, and marked the boundaries
on the map. He said that the territory