Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-17
TWO BIC
Cannot Agree With Each Other
On the Result
OF ANALYTICAL TESTS
Made In Connection With the Penn
Sylvania Mine Suit--TOwer
RebutS King.

day the plaintiff objected to the defend
ants deeds to the Pennsylvania mine be-
ing offered in evidence and gave its rea-
| sons. They We're numerous. as they en-
compassed the entire chain of transfers
made in connection with the ground in
controversy One of the points in the OBJ
lection was based on the allegation that
William Watkins Thomas. one Of the al
legged grantees, had died in Rocker in
1881 and the patent to the property show
; ed he had made his transfer on March Is,
| 1883. Another was based on the allega-
! ton that no valid location of the ground
had been proven; further, it had not been
shown that any of the deeds had any in
terest in the Pennsylvania claim de-
| scribed in the patent or any portion of it.
The objections were sustained by the
court.
The defendants maps We're admitted in
evidence. following which Expert Tower,
who gave some testimony in rebuttal
! yesterday, was recalled. Before any
| questions We're asked him Attorney Seal
Ion requested leave to copy the plaintiffs
Slope books, but an objection was inter-
posed. The objection was overruled and
the plaintiff said it did not a the books
to leave its possession.
The plaintiff then demanded a similar
right with reference to the Slope books
of the defendant and the courts order
was double
Mr.. Tower identified some specimens Of
rock taken from the vicinity Of the faults.
One, he said. had come from a point IS
feet east of the west fault and another
about 100 feet east, both on the 600 level.
A third came from a place 60 feet east
of the east fault. The specimens We're
mineralized and had,i in the opinion of it's
witness, been solidifed after having be-
come a portion of the stope filling. There
was no indurated clay in connection with
the dykes as had been described by
G%eologist King.
In the alleged apex drift Of No. 5 Penn
sylvania vein there was a mere crack, he
said. n it could not be called a vein;
there was a succession of cracks.
Witness had also examined the q winZe
going down from the apex drift and found
it following a mud seam to a crevasse be-
low the 230-fCOt level of the Rarus. 1t
was not, he said, a vein in any sense of
the word. Wine p penetrated the west
fault. In the opinion of Mr.. Tower the
alleged apex of No. s vein of the Penn
sylvania did not show the apex of any
Vein in controversy.
Mr.. Tower have you examined the
specimen which Witness Buckley testi-
fled was indurated clay or mud?' asked
Mr.. Cotter.
Yes. sir: and I found it to be the same
material as that found in the apex drift
of the No. S Pennsylvania vein. 1t is a
soft kaolin or putty like substance"
T,n tine coil hn Ea1 avn,,;rn3 {bN
slides presented in court by Clarence
King and claimed by him to be indurated
clay. They embraced A, 3, F and G and
We're the most typical p%orphyry. Samples
II, X and l X and c, d and E We're de-
scribed Witness said he had ground
some porphyry slides himself and had
taken the material from the same local
tiles as those from which Mr.. King had
taken his. His analysis differed greatly
from that of Mr.. King.
Asked what experience he had had in
making microscopical tests, he said he
had spent three or four years in the work
E, at Harvard university and during tina
time had probably examined 1000 or 5,OO(
slides.
He described a horse in a vein ant
said he could not see how the country
between the east and west vein coul6
be one, because all of the ore bodies hat
the same dips and strikes as the vein.
themselves.
MI. patterson ~rosS-examlne Mr.
Tower.
Where did you get the sample of or,
from which you made two of the slides p
Ore bin of the Rarus.'
rs it not a fact that ore from severa
mines is dumped Therefore from tn
Tramway, Snohonish, Rarus, Johns
town, Minnie Healey-''
No; not the Minnie Healey," respond
ed the witness with a smile. We wer,
acquitted of that yesterday"
We'll. the other mines mentioned?"
yes, Sir"
Il move that all this testimony AM
that concerning the two slides be stricken
out said Mr.. Patterson, 'as there is n,
telling whence that sample came"
The motion was sustained.
Mr.. Tower was then questioned as t
designated as indurated clay by Mr.. Kin.
and %porphyry by himself.
Annie r. Clarity filed an objection to
day to the granting Of the petition o
D.. l.. Toomey for letters of administra
ton on the estate of Kate Toomey OIL
the ground that on or about the 18th O
September Kate TOOmey made her las
will n testament; that the will was il
the possession of Mrs. Della Pitts up t,
the 2rd of October. and is now in tn,
keeping of Dominic l.. Toomey: tina
said Dominic l.. Toomey is wholly in
competent to execute the duties of ad
ministrator of the estate by reason O
want of understanding and integrity
that he has ~endeavored to conceal tn
will: hat he took it out of the desk O
Mrs. Pitts without having been givel
permission to do so: that some tire
hours after the death Of Kate Toome,
he compelled Mrs. Pitts to deliver to hin
a certificate of deposit for 81, 200 belong
ing to the deceased.
Mrs. Clarity is a sister of the dea,
woman.