Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-08-18
James Macfarlane Being Put
to a Severe Test
BY THE ATTORNEYS FOR
The Defense in the Mine Vein Suit
They Cannot "Tan-
gle" Him.

The cross-examination of James Mac
farlane in the suit of the Montana Ore
Purchasing company against the Boston
& Montana to decide title to the vein of
the Pennsylvania, the apex of which is
claimed by the plaintiff to be within the
surface lines of the Rarus and overlap
ping the YOUNGSTOWN, was resumed before
Judge Clancy this morning. Mr.. Macfar-
lane is proving himself a good witness for
the plaintiff and being an honest, con-
sc1entlous man, with a full knowledge of
his duty before him, what he says is eff
fectiVe. The attorneys for the defense
are all shrewd men in their profession,
and although they sometimes endeavor to
have MI. Macfaralen give an affirmative
answer when he means the negative, and
vice versa, they invariably fail.
The questioning today related almost
entirely to the veins of the Rarus and
Johnstown.
Yesterday, in asking you about glass
cross-section "A on the extreme east of
the model" said Mr.. Patterson, "you
said that there might be a division in the
lode so as to make two lodes; at least so
l understood you. Am I right?"
Yes, sir; l think l stated there might
be a separation W the flat vein
and the Rarus lode at that section"
S that what you have demonstrated
as the flat vein might not be a part of
the Rarus lode?"
mot at that section"
"At that section of the Rarus lode. It
is not a part of the Rarus lode-at tina
section-or may not be. / do not say it
is not-but may it not be a part Of the
Rarus lode at that section? May it or
may it not be a part of the Rarus lode at
section 'B' Of the glass model which lies
to the west today?"
well, there are no workings on the
flat vein extending upward from the vein
as disclosed in the $50 that would show
the exact relation of it on section B.
blu on section X which is only a very
short distance westward, the workings
themselves show that the vein is con-
nected and part of the Rarus lode"
well, we will not discuss that, but at
section B. whether it is or is not a part
of the Rarus lode, 0 wou not want 10
say?"
Il am not prepared to say where any
separation takes place."
You have demonstrated a lode as a CO.
~ordinated system Of mineralized assures,
nearly parallel and generally with bonds
of more or less barren country rock, sep
oAolli6 AGih VIII yOu Tell Tic court
what the mineral.zed assures or what
mineralized assures, nearly parallel con-
stitute what you denominate the Rarus
lode?"
AT what particular section?".
well, sir. let us take it across section
Il on you surface map"
II presume I may put section L on the
board?'
mo, I wish o wou just answer the
question. l at east don't want the sur
face map covered up"
without reference to the section itself
say that on section L all of the VEN and
ore streaks that are shown on the section
are within the Tarus lode"
Are there any particular veins that go
to make up tho Rarus lode at cross Sec
ton 'L?"
''At cross section T. the particular
veins spoken of in the west-toWards the
west end of the Johnstown claim-have
become associated and are together at
section L. that is, the Johnstown vein,
which joins the Rarus vein on an angle
from the south, has become a part of one
of the crossing veins Of the Rarus lode at
that section. The north connecting vein
has Joined the Rarus vein at a point fur
Their west than section L. so that the
three particular veins which I spoke of in
the west end of the oJhnstown claim have
become a part of the Rarus lode at section
L."
Yes; I understand that. Then those
three particular veins you describe at the
west end of the claims are the ones that
constitute the lode at the east end or in
the neighborhood of section KIP Is that
right? You can answer that question,
yes or no."
"You make a statement. I do not
know whether or not it is a statement,
but you make a statement that you want
me to confirm, and l refuse to confirm in