Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-09-12
BETWEEN FAULTS
Ore Bodies as Seen BY the De-
PENDANT.
MINE, IT'S HIS"
Says Mrs. Ash In a Suit Against the
Thornton Estate HeirS--
Other Legal Links.

Carl Davis, foreman at the Leonard
shaft, but a mine engineer by profession,
was the first to give testimony in the
Pennsylvania suit trial today. He was
called solely for the purpose of Identify
ing and verifying maps of the workings
of the vein of the Rarus and nearby
claims. but more particularly the Rarus.
While Mr.. Davis was being questioned
Attorney John Forbis entered the room
and ssumed his old position in the case.
He has just returned from Seattle, where
he was called 10 days age by a message
announcing the illness of his brother
William.
A. *. Abbott. a civil engineer in thu
employ Of the Boston & Montana COM
pany, said he had made a complete sur
vey of portions of the Mountain View and
Pennsylvania claim workings. and that
the map drawn from the survey notes
vas correct. He had not. he said, con-
nected the workings of the Pennsylvania
with those Of the Rarus; he had left that
for others. On cross-examination Mr..
Abbott spoke of the approximated con-
nection of the two, adding that in maxi
ing the deductions Mr.. Batterman's
notes had been called into requisition,
but they had only served to verify the
result of his own work.
A Mr.. Hollingshead. an engineer in the
employ of the Butte & Boston company,
stated that he had surveyed the workings
of the Tramway, Snohomish. Berkeley
shaft workings and Silver Bow property
and believed the result as shown on the
MAJ to be a correct reproduction of his
labor. He was not cross-examined.
Daniel Robertson testified to having
drawn the general plan map from notes
furnished him by engineers in the en-
ploy of the and he believed it
to be correct. AS to the individual plan
map, he had made it himself and knew it
to be correct. On cross-examination he
said the surface showing on the apex map
had been made from dictation. Notes of
the Rarus workings had been furnished
him by Messrs. Hayes and Davis.
Lee Hayes, the bulk of whose testimony
was taken yesterday. was recalled and by
request stated the north n south dis
tances between the two faults at various
places from the surface down. They
ranged from - to SO feet. On the 30 level
of the Michael Dewitt the distance was 81
feet and further north 50 feet. The con-
dition of the ground between the east
and west fault was badly broken up at
the surface. 1t continued downward and
q iltNA IN oioHSll SAAc
aults than it was either east or west.
Between the faults there We're several ore
bodies more or less broken up by numer-'
Gus displacements and s~ub-faults. There
! was also porphy"y the faults.
The ore at one point. he said. was fiat ana
he would therefore call it a body. BY the
| use of the model he explained the geo.
graphical construction and condition of
this section of the ground as it appeared
to him.
Ida S. Ash is suing Mrs. L.. A. Thornton
and all of her daughters and sons, mar
ried and unmarried. to recover judgment
for about $3.50. which she alleges in her
complaint she is entitled to by. reason of
having been deprived of the
of a little house on East Broadway which
would, if standing, bear No. $50. Plain
tiff states that the Thornton heirs, as
owners of several lots in the section men,
toned, leased a piece of ground to J.. b.
Frederick and the latter built a house
upon it. o 81, 1897, he m~ortgaged the
structure and lease-hold to plaintiff to
secure the payment of a loan of $3.50.
July Is of the following year Frederick
failed to redeem his pledges and twelve
days later the house and lease on the
ground was sold for 5000 to satisfy the
Indebtedness, plaintiff being the pur-
chaser. Mrs. Ash further alleges that
prior to the purchase it was verbally un-
derstood and agreed upon between the
defendants and herself that If she be-
came the buyer the defendants would
lease her the ground for $40 per month
until the lots We're either sold or new
buildings erected on them. July % OF
last year, she say in her complaint, she
leased the ground for $40 per month,
which gave her $50 net: that in Septem-
Der the defendants ~unlawfully took pos
session of the premises and held them
eleven months. until Aug. q of this year.
when they destroyed the building and
hus damaged her rights 5000 worth. She
asks for judgment for this amount and
$3.50; the amount she would nave received
in eleven months on the lease she mad
had it not been interfered with.
Minnie Egan has asked the court to
divorce her from D.. M. Egan, basing her
right to a legal separation O the alleged
grounds of cruelty and n%on-support In
her complaint she alleges that Mr.. Egan
and herself were united in marriage at
Eganville, Ont, April %, 1894, but for
more than a year he has compelled her
to labor for her own existence. The cru
city allegation is embodied in a second
cause of action. 1t is to the effect that
while defendant and herself We're resid-
ing at 134 South Arizona street in Sep
TENDER of last year he threw her out of
the house: that on June l of this year.
at 1896 South Main, he threatened to kill
her. He also, she relates, used bad lam
guage towards her, causing her great
mental pain. Other instances of a sim
liar proceeding are cited.
A complaint charging Augustin Dugay
with assault on his Wife, Emma, was is
sued from the county attorneys office