The Anaconda standard., 1899-09-05
Judge Clancy's Court Room a
Center of Attraction.
Mr.. TOWER UNDER FIRE
Curious Developments in the Suit
Between the Montana Ore Pur-
chasing Co. and the
Boston g. Montana.


| ton d Montana, the case has proceeded
steadily and with ever increasing in
terest. In support of its theories and
contentious the plaintiff has reinforced
the testimony of the leading witness,
Mr.. Macfarlane, with that of a numSer
OF other experts, including Messrs.
| Sizer, Neill, Kelly, Palmer, Brown and
| Tower. These are apparently all bright
| and capable men. Mr.. Neill of Salt
Lake, in particular, made a remark
| ably fine impression upon the listeners
| by the clearness and conciseness of his
statements, as we'll as his frank, can
did and unhesitating manner.
Nothing has transpired to require a
change in the statement heretofore
| made in these columns as to the nature
| or the scientific question involved. The
defendant has made no affirmative
showing as to the exact position it will
| take. This. however, is foreshadowed
with more or less clearnesS by the ma
ture OF the cross-examinations to which
plaintiffs witnesses have been subject
ed 1t is clear that the plaintiff stands
solidly upon what is termed the zone or
lode theory in contra distinction to that
of the single ledge or vein.
In a general way the course pursued
by the defendant indicates a contrary
view. but just how far the opposition
to the lode or zone theory will be car
ried can only be determined when the
defense has been opened. The line of
cross-examination seems intended for
the double purpose of overthrowing that
theory. and at the same time weaken
ing the plaintiffs testimony intended
to show that the ore bodies in contro-
versy all apex in the Rarus claim.
According to plaintiffs maps and tes-
timony there are three separate veins
or Lodges in the eastern portion of the
Rarus. AT point about 450 feet from
the east end line of the claim these
three veins or lodges unite into one.
To an outsider 1t seems as if this state
of facts admits of two theories: The
consolidated vein might be considered
the primary or mother ledge, and the
three forks to the eastward merely di-
vergent offshoots. Or, each of the
branches might be regarded as a pri-
mary vein in itself, the three converg-
ing and forming one ledge west of the
point of intersection.
1t does not as yet appear how these
different theories might affect the
PLAINTIFFS case, except as it may be
gathered from the evidence that plaint-
iff sees an advantage in holding the
joint ledge to be the primary one, and
the others offshoots from it. The ad-
vantage would. it seems, consist in
strengthening the lode theory, and CIV
ing plaintiff the ownership of larger
bodies of ore in the depths below.
The idea seems to be that IL the single
ledge theory prevail, plaintiff will be
restricted to the ores contained in them
and must trace the connection directly
from the apex down. But if the differ
ent veins can be treated as one great
4 nyt ha MS int.
iff's rights by enabling it to take in all
ore bodies found below ground that can
be connected with it by cross fissures
or by mineralized country rock.
This is shown by the proofs offered
to the effect that while the apex of the
lode is only in the neighborhood of 80
or 100 feet in width, at the 600-foot level
the ore body has widened out until it is
450 feet across it.
1t is claimed by the plaintiff that the
whole of these enormous ore bodies apex
in the Rarus, but whether literally and
directly, or merely by means of string
ers and mineralized country rock, is
not as yet quite clear.
In the main it seems that the plaint-
iff's evidence has been directed to the
tracing of ore connections. The plaint-
iff contends that from the surface of
the Rarus lode, down to the 900-foot
level these connections can be made
the whole length of the claim, the ore
bodies showing nearly always similar
ity of strike dips and mineralized conn
position, from which the conclusion is
drawn that they all apex in the Rarus.
1t goes without saying that this con-
clusion is strongly controverted by the
defendant. The whole trend of the
cross examination shows that the de-
fendant will dispute the continuous ore
connections and contend that even il
such connections do exist, 1t is only
through fissures and mineraliZed coun-
try rock, whereby large ore bodies have
been brought in that in no sense belong
to the Rarus lode and which, in fact,
have their apices somewhere else.
Interest in the plaintiffs side of the
case reached its highest tension on
Thursday and Friday of last week,
stand. The peculiar interest lay in the
fact of his having been formerly of the
United States geological survey, and
conformity with Professor Emmons. the
author of the economic part of the
Butte Special Folio, which deals with
the lode foundations of the district
Mr.. Tower is a bright and scholarly
young man, and went with considerable
fullness into the geology of the vein
formations within the Rarus claim.
His cross examination presented a
scene that was almost dramatic 1t
was conducted by Mr.. Scallon with
much adroitness. Mr.. Scallon's first
move was to draw it from the witness
that last April, while still an attache
of the geological survey, and receiving
pay from the government, he came TO
Butte at the request of plaintiffs agent,
Mr.. Robinson, and at plaintiffs expense
to re-eXamine the Rarus ledge and as
certain whether he had fallen into error
in his description of that ledge in the
Butte Special, with the understanding
that If he found error he was to be re-
tanned as an expert in this litigation
He found the error and was retained.
The attorneys for the defendant man
ifestly felt that they had scored a
strong point against the credibility of
the witness, in showing that he had
thus placed himself in a position in
which it became to his financial inter
est to find error in an official investiSa-
ton previously made by him. The pre-
vailing comment was that while it is
eminently proper for government Off
Ger to correct his errors he should do
it officially and not as a paid expert in
litigation involving the subject matter