The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-06-03

The last touches are now being ap-
Piled to the arrangements for the great
legal battle which viii be opened by
the opposing forces in the Crown Point
Ontario S2,UOeO0O damage suit before
Judge Hallat of Denver, in the United
States court on Tuesday next. The case
is to be tried by Judge Hallet because,
at the time the suit was filed, Feb. T.
1883. Judge Marshall was on the stan
OF the Ontario cOm9any's legal ad-
visers. thus being disqualified
The suit was brought by the crown
Point Silver Mining company against
the Ontario Silver Mining company ana
Notwithstanding the statements re
peatedly made by a contemporary that
the Daily company was a co-deIenoaht'
such is not the case.
That It will be battle royal, the
sum involved, the question at issue
and the great array OF legal ana expert
talent employed on both sides leaves
no room 10 doubt
For the Gown Point company the
law firms of Brown < Henderson and
Dickson. Ellis & Ellis have been re-
tanned. while among the expert talent
appears the names of Henry Nj crow
Their, Charles A. Brown, r. (. Gemmel,
Dan Mcleod, John s. DIN, T. E. Chase,
Robert GoFlinski and others.
Tie Ontario companys side of the
case VIII be managed by the we'll
known law firm of Bennett, Hardness,
HOwat, Sutherland & Van Colt. CT the
expert witnesses for defendant such
formidable names as the following ap-
pear in the list. Professor W. S Reyes,
George H. Robinson, James w. Neill,
Martin X, Hardness, Charles Reid,
Colonel e. A. Wall, w. A. Wilson and
the cOmpany.s engineer, O. A. ESNmer.
AS preparations have been making
for the presentation of both sides Of
the case fer nearly two years, and as
the question involved is one of apex, it
may be gaken for granted that the
trial viii be intensely interesting.
Briefly stated, the Crown Point Min
ing company owns two patented claims
the Crown Point and MunadOr-ad-
joining Ontario ground on the north,
the Crown Point, from which the most
ore is claimed to have been unlaWfully
extracted, being only 200 feet away
from the side lines of the original On
taTiO claim, the Parley's Park claim,
also owned by the Ontario, lying be
tween. The plaintiff company alleges
that defendant has entered within the
vertical boundaries of its territory and
taken therefrOm 80, 504 tons of ore of
a net value of 81, $50, 2S5.50. the damage
being described in three separate
counts.
IN its answer the Ontario company
minutely describes all claims owned by
it which might in any way have a
bearing on the case, and then recites
that what is commonly known as the
Ontario vein ION its course and strike
enters the Ontario claim at and across
the easterly end line thereof, and ia its
whole width runs westerly in said claim
and between and nearly parallel 10 the
side lines thereof for a distance of near
- 1,200 feet, and that the hanging wall
and q. portion Of the width of said apex
continues in and between the side lines
of said mining claim TO and across the
westerly end line of said claim, and
that about 300 feet of the westerly end
of said claim lies partly upon the width
of the vein at the apex and partly upon
the plane Of the vein beneath the
apex" The dip and strike of the vein
are described at great length and the
claim is made that all ores extracted
rightfully belonged to defendant.
whether within plaintiff vertical side
lines o. not.
Up to date papers in the case have
been filed as follows: Complaint, Feb.
Z, 1898, summons served Feb. IS; re-
turn March 3, answer March 10: demuT-
rer to answer and motion to strike
out certain portions June 9, when
amended answer was filed, and ca
June il, 1S9. a motion TO strike out q
part of amended answer was made, acd
there the case stands
During the past week a party of ex-
perts for plaintiff have been making
final examination of conditions in the
involved area through Ontario work
lngs, and, concluding their labOrS, re-
turned to the city last night
Yesterday morning Superintendent
Chambers, accompanied by Messrs. Pal
mcr and G. w. Burton. went out to
size up matters for their side, and when
court convenes on Tuesday il is ex-
pected that everything viii be in readi-
ness TO put the fight through to a fin
ish