Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-10-18
Eight Hours of Argument Will
Settle
THE MINE VEIN SUIT
OF the M. y. P. Against the B. 4 NJ
Judge Clancy Will Examine
the Veins.

This week will doubtless wind up the
| trial Of the equity suit of the Montana
| Ore Purchasing company against the
| Boston & Montana company, and after it
is over Judge Clancy will personally in
spect the veins and workings OF the
property ir controversy. He will be ac-
companied by a representative OF each
side.
The period for the argument Of the case
has been limited to eight hOurs-1our
each.
When court convened this morning
Frank L. Sizer. an engineer in the m
ploy of the plaintiff, gave testimony in
rebutta,. his direct examination lasting
only 20 minutes. The questions n an
swers were confined to the alleged con-
nections between vein No. s Of the Penn
~sylvania and the apex vein. He said
there was no connection. In describing
the quartz he said it was a portion of the
wall which separated the vein from the
country rock and was more or less sur
rounded by and mixed with vein matter,
making it a portion of the vein.
What do you say as to the horse being
included in the ~fissure?' was asked.
1T must be included in the vein,'' said
he.
On cross-examination Mr.. Slzer said
he had no: been in all of the workings
of vein No. 2 of the Pennsylvania; he had
not been through the alleged upraise
connection with the surface a greater dis
lance. than 125 feet.
Asked the shape of a horse Mr.. SlZer
said it was usually larger in the middle
than at the ends, but was always irreg-
ular.
Judge Clancy asked the witness what
composed a horse" and the witness aid
it was always waste material or gran
tie.
The examination of Mr.. sizer was fin
ished at 1905 o'clock and Austin H.
Brown took the stand.
He said he had examined raise No, 2
of the Pennsylvania a distance Of 152 feet
above the Lloyd tunnel and a large por-
ton of it was in granite. He had exam
ined a portion of No. s apex drift and
could. see no ore body connection be-
tween it and the No. 2 drift of the Penn
sylania. The country between the two
transverse assures designated as the
faults was not, in his opinion, a horse"
Half an hour sufticed for the direct ex-
animation Of Mr.. Brown.
On cross-examination he said the vein
at the Lloyd tunnel at the point where
it connected with No. . raise to the third
level was about 20 feet wide. but the vein
did not continue through to the level
mentioned. which was 152 feet above.
He had gone so feet above the third level
in this raise, and from what he had seen
could not say there was a continuous
Vein from below. If the rock in the raise
between the second and third levels car
ried assay values he said he would admit
there was mineral in it; but would not
declare it a vein. From the foot of the
second level to the thirteenth tunnel, the
latter of which was near the surface,
was about 90 feet, and about 20 feet
below the TUNE a strong ledge crossed
the raise and dipped south.
Shortly before noon the plaintiff and
defendant in the suit announced their
cases at an end, thus finishing one of the
greatest legal contests over a mine ever
tried in a Silver Bow county court.
Judge Clancy then stated he and the
clerk would go through the mines to-
morrow and on Friday the contestants
could begin their arguments.