The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-12-04

Nephi, Utah, Dec. 3.--The parties to
the big mining suit came down IN force
from Salt Lake on this mornings train
with the same lawyers and experts
which have heretofore been in attend
anee upon the trial, together with a
number. of other distinguished looking
pefsonages. who are presumed to be the
experts OF the Grand Central people
Mr. Dickson made a lengthy opening
statement on behalf of the Grand Cen
tral, and said, in substance;
II the court please. IT is proper at
thlS time that we should make state
ment OF the defensesNupOn which the
Grand Central Mining company relies
to the claim put forth by the Nam
moth company on its cross complaint,
and J viii endeavOr to make the state
nlent III as few words as possible. As
l proceed il RAY be necessary for the
purpose Of directing attention precisely
TO the points in controversy that I al
lude to the testimony upon the other
side and the claims based thereon.
We present two defenses to the cross
complaint. either of which, if estab-
lished, is an absolutely conclusive de-
Tense. and both of which in our judg-
ment can be established beyond all rea-
senable controversy.
The First Defense.
"Our first defense is that the vein at
Its top or apex leaves the Mammoth
claim entirely, long before it has gone
far enough to the north to embarrass
pany al all. And right there I wish in
word to state what we claim to be the
true Outcrop of the vein and the apex
of the vein. In some cases they may
be one and the same thing. If the vein
finds its way to the surface then, of
Nna rerarsr + he of FHraa
vein; but very often it is what we call
a blind apeX-that is, the vein in its
upward course does not come to the
surface. 1t may lie hundreds of feet
from the surface In this case we are
willing to concede what has been said
on the other side as to the limits Of the
vein. 1t applies TO it when speaking Of
Ct latterally; it applies to it when
going to the deep For instance, in
taking the Cunningham stope it has
been traced in ore till you get within
1870 or 40 feet from the surface. If no
ore is found above that then the apex
at that point would be on its upward
course where the naturalization had
ceased.
Now. turning to exhibit l. "a map
showing all the Worlxings), we expect
to show to the court-tO your honor
entire satisfaction-that when you
have reached a point going from the
tension you are within the vicinity of
the northeast edge of the Mammoth
stOpe. that that vein and its apex has
entirely departed from lot g and
never returned thereto
IF that be true then the extra lateral
rights of the Mammoth company as to
that vein would be confined between
parallel planes one drawn through the
point where the vein has left the claim
and the other parallel thereto drawn
through the south end line which
would leave all the ore bodies in dis
pute outside of and north of the north
erlv of these two planes. II has been
testified bv witnesses called on behalf
of the cross-complainant that not only
is the apex of the vein found in the
southerly end of the North Mammoth
Extension. but that the outcrop can be
traced and has been traced by these
various witnesses clear through the
northern extension of the Mammoth
lying practically in the side lines
thereof to and within the northern end
line Of that claim. That we dispute
Only One Point of Controversy.
There is one fact and about the only
fact where there viii be any controVer-
sv in the testimony; that is, any es-
sentiaI controversy. It IS true Jhat
limestone and iron may be found on
the surface of ground embraced WIthln
the north extension Of the Mammoth
bur YOU can find. as we can show, that
lime is found away to the east ana
west Of it. 1t has no significance, IN
o1Ir oDinion. and indicates nothing as
TO the presence or absence of the VeIn-