The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-08

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meant by that?"
Il said I called myself a mining engl-
neer and not an expert, because l I'M
derstand that mining experts are called
| professional witnesses. l have been Il
| professional witness several times, but
| it was only incidental to my business.
l am engaged in mining as business,
| and want the court to believe that [
| tell the truth, of course said Mr..
| Janin.
The explanation and the naivete of
the last. remark caused smile to go
| round the court.
"I hold my profession very highly;
| as highly as, 1 think, lawyers nave any
| right to hold THEIRS" added Mr.. Janln
| seriously.
| The re-cross- examination was taken
| up by Mr.. Hughes.
! The samples that Mr.. Janin had just
| testified We're dragged ore came under
attention. The witness said ta8 me
| formatio at the fault from wMHA the
| samples came has an east ahaawest
| strike, and that it is a mixed up mass,
| bearing plenty of evidences OF move
| ment.
(Which side of this sample shows the
rounding" said Mr.. Hughes.
"All Sides" said the witness.
| "You are sure of this noW"
| Yes
But you saw this sample yesterday
| and you would not say them
II think I saw it correctly then.
| WAS this sample ground up, broken
| to pieces and re-cemented?'
| "There Is good deal OF evidence OIL
! movement on it,"
'.That is ALL said Mr.. Hughes.
rs this formation in the mine, where
| the sample came from, a vein or drag
| ged matter?' said Mr.. Scallon.
4 Dragged matter" said the witness.
| The intention of the counsel for the
| defendant was to follow the examina-
| ton of Mr.. Janin, which closed at TINS
| point, by putting Clarence King, the
celebrated geologist, upon the stand.
But Mr.. King was i'll, and confined 70
| his room. 1t was half past IL, ana
| counsel thought he might be able TO
appear in court at o'clock, SO court
took a recess to that hour, when Mr..
| Patterson informed the court that Mr..
King would not be able to leave his
| room during the day.
| Ulysses Sherman Grant. whose
home is New York, next took the VII
ness stand for the defendant.
He said that he is professor Of geol..
| ogy in the Northwestern university OF
Illinois. and that ne was educated a.
| the University of Minnesota and the
Johns Hopkins university, taking a
| postgraduate course al the latter. His
| special branch of learning was geology
4 which he has studied for "A years.
| Are you acquainted with Clarence
1 King?" asked Mr.. Patterson.
'I know him; yes, sir" said the wit
| ness.
/ Mr.. Hughes of counsel for the plain
4 tiff. interposed at this point.
There is limit to the number of
| expert witnesses, your honor. The
/ number is eight. Seven have testified
for the defense already, and we shall
object to the examination of this gen.
tleman unless he Is to be regarded as
the eighth" said he.
Mr. Grant stands in the case as
witness in the same position as an
assayer. The scope of our examlna-
ton of him will not go beyond snow.
ing that microscopic examination or
rocks is one of the proper ways to de-
termine their nature Mr.. King gave
| Mr., Grant some samples, from which
! Mr.. Grant made some microscopic
slides and a microscopic examination,
and we wish to use the result Of his
4 work as we would use the work of an
| assayer," said Mr.. Patterson.
"Well, Mr.. Hughes, believe you had
several assayeTs and chemists, and 1t
1 didn't interfere with your experts,
said the court.
IF he is to testify as an assayer we
won't object But if he is to add his
expert knowledge or expert determin-
alton of some matter to the evidence
| given we do object said Mr.. Hughes.
1--WE will not ask his opinion on any
thing, and only questions as to whether
| he put the rock in shape for Mr.. klng S
use" said Mr.. Patterson.
"Well. the objections overruled,'
said the court.
Mr.. Hughes then said that in order
not to continually interfere with the
proceedings he would state in advance
that he objected to all the questions
unless the witness was held as an eX-
pert witness.
The witness said that the method he
used to determine the nature of rock
was to cut a section of the rock SO
| thin that it could be examined with
| microscope.
He said that Mr.. King gave him
10 samples of rock, and that he pre-
pared a section from each sample:
He did not know. of his personal
knowledge, where the samples came
from.
He took small chip of rock and
ground it down to a thin film.
"How thin did you grind the rock"'
asked Mr.. Patterson.
ITO the thickness of one-eght-hun-
dredth of an inch said the witness.
He prepared it for examination by
mounting it with cement on micro
scopic slide.
Estate whether or not those slides
were properly prepared for the pur-
poses of examination" said Mr.. Pat
terson
Il object The witness has no right
to state his opinion" said Mr.. Hughes.
Il submit it is perfectly proper, your
honor" said Mr.. Patterson.
The court overruled the objection,
and the witness, answered the question
in the affirmative.
was it done to determine micro
scopically the kind or class of rock to
which the sample belonged?" asked
| Mr.. Patterson. ~ '--
'It was" said the witness.
The witness said that he turned the
slides over to Mr.. King and the direct
examination closed. S~ ,sIsr
"Who told you what parts TO take
of the samples?" asked Mr.. Hughes.
Il was told to take pieces of the
rock. and I used my own powers of
selection" said Mr.. Grant
The witness testified that he made
| Of n in hn