Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-02
Now Giving Testimony in the
Pennsylvania Case.
W LOCAL MINING MEN
Disagree on a Lease and Bond PrOp0-
SitiOr and One Sues the Other
Various Court Items.

fifth witness for the defense in the Penn
s~ylvania mine vein case, was finished
Saturday afternoon, and Sidney w.
Tyler, a Colorado epert on mines, began
his testimony.
When the session opened this morning
the witness first described the south vein
of the Johnstown and Rarus and it's con-
nections below the surface. Among other
things he said this vein had no apex
within the lines of plaintiffs ground. At
the point Of discovery there were no in
dications of a vein. nor were there any
connections with other workings below.
Il will call your attention to a wide
expanse of apex on plaintiffs map" said
Attorney Patterson. somewhat east and
from which three prongs Of veins diverge
and extend east"
There is no appearance Of such a thing
save in a shaft west of the Rarus No. l
shaft. There the vein appears to be s or
s feet WIDE"
referring to the Johnstown vein, tell
the court if there is ANYTHING to justify
the claim of plaintiff hat this vein has
a certain course"
There is no independent indication on
the surface to Justify this claim"
Continuing. the witness said there was
no connection between the Pennsylvania
No. s vein at the surface and the in
tersection Of the Lloyd TUNE through
the Rarus No. 3 raise.
Referring to the Pennsylvania No. 2
vein, he said it was disclosed in the lower
workings of the Johnstown and Penn
%sylvania; it had been raised on by the
defendants.
A box of - samples. which the witness
said he had taken at intervals of Is feet
in an opening extending from the wash
to a depth of 300 feet in vein No. 2, was
exhibited and the width Of the quartz
streak at the various places of extraction
given.
The width of the north connecting vein
west of the west FAULT and above the
500 level ranged from 4 to 10 feet, he said.
This vein was vertical, while the opposing
ore body between the faults had a dip OF
from 90 or 60 degrees. These two veins
were 80 feet apart at the 500 and about IS
or so at the 700. The north connecting
vein and the ore body between the faults
crossed each other like the letter tx
the top of the latter being so or 60 feet
north of the top of the former.
In describing the south vein, the wit
ness said there was no connection be-
tween it and the north vein between the
faults.
A complaint charging Harry Higgins
and George Bath with having stolen a 32-
gallon barrel of beer from the Centennial
Brewing company was issued from the
county attorneys office today and filed in
Justice Smiths court.
Jack Sullivan has been charged with
assault in the third degree on Hans Boo.
He will be tried before Justice Lewis of
Walkerville, as the assault is alleged to
have been made in the Hill City.
Patrick SINpy is accuSa1 of havinp
committed a second degree assault on his
two sisters-in-law at 731 East Summit
street Saturday. His case will be ad-
justed in Justice Smiths court.
A statement on motion for a new trial
in the suit brought by Henry r. Bartlett
against Rod d.. Leggat has been filed in
the district court.
In the divorce suit of Emma Dugay VS..
Augustine Dugay, the plaintiff has filed
a reply to the answer and eross-com-
plant of the defendant. In the document
she denies the allegation made by her
husband to the effect .N~t he contributed
all of his earnings towards the support
of the plaintiff ana their children; denies
that on or about July 10, 1898. or at any
other time. or at all, she fractured the
seventh commandment with r. E. Den
ME, a colored man, or with any other
person, and denies that she admitted her
sum ~ tHe utleiuaHt OF anyone else. She
further alleges that since the Dennie
charge was made she and the defendant
have lived together.
The Butte Ice company is suing c. F.
Lloyd for possession of $50 tons of ice
stored in a warehouse on the defendants
ranch. and in addition asks for 81, 900
damages for the Withholding of the prop
erty. The plaintiff also asks for judg-
ment for $500. the alleged value of the
ice, : -" of the surrender of the cold
stun. In It's complaint the plaintiff al
leges that on September 20 of this year
the defendant. without right or title, took
In the suit of James II. Maloney,
George A. Cobban, Alfred F.. briggs and
c.. p. brennan against Silas F.. King
James A.. Murray, James A. Talbot,
Wakeman Sutton and Marcus DAILY over
the alleged en~croachment of the defend
ants on the ore body of a mining claim
adjoining the Silver King mine, Judge
Clancy has granted the plaintiffs an order
giving them the right to enter the work
ings of the Silver King and make a sur
vey. The work must be completed be-
fore the 18th.
Frank II. Walker is suing William
GuedelhOfer to enforce a contract OIL
agreement alleged to have been entered
into between them concerning an interes,
in a lease and bond on a mining claim. II
his complaint the plaintiff states that or
the oath of September Guedelhofer ant
himself entered intO an agreement by the
terms OF which the latter was to go to tn,
Whitehall district n secure a lease ant
bond on the Copper King mine. Eaci
was to have a half interest in case tn.
deal was made. Walker further says tina