The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-06-09
QUESTION Of APEX UP
Real Point at issue in Big Min
ing Suit.
CLAIMS OF WITNESSES
IMPORTANT EVIDENCE INTRO
DUCED BY DEFENSE.

The real point at issue in the Crown
Point Ontario suit was reached yester-
day when the defense began its exami-
nation of experts on the question of
apex. Reference to the map painted in
The Herald Wednesday morning will
disclose the fact that at a point some
I 200 feet from the westerly end line of
the Ontario claim, a transverse ledge
/ which forms a junction with what is
termed the Ontario fissure at a point
some 300 feet from the end line, runs
into and through the Banner, Henriet-
/ Ia, Occident and other claims belong
| ing to the Ontario company and lying
south Of the Ontario and Last Chance
claims.
As previously stated the Crown Point
company abandoned the idea early IN
the fight of being able to recover on
the value of any ores extracted by de-
| PENDANT from the Crown Point claim,
as there was no opportunity to question
/ the fact that the Ontario claim held the
apex Of the vein along the entire length
of the Crown Point. Since then plain
/ tiff has shown that all it intended to
fight for was the ore extracted from
that portion of the MunadOr claim lying
west of a line extended parallel with
the west end of the Ontario claim from
the point where the vein passes through
the south side line of the Ontario, the
claim being that the Munador being an
older location than the Banner, the de-
PENDANT had not the right to follow the
vein cropping or apexing in the Banner
beyond or through the south side line
of the MunadOr claim.
Claims of Ontario.
In the last amendment to its answer
filed by defendant company, the claim
was made that all locations embraced
in Ontario's ground constituted the on
tario mine and that veins apexing
therein could be followed on their dip
through the sides embraced in the con-
sOlidated claim. On those points the
result of the great controversy hinges.
The first witness yesterday was Neil
ellis, an old foreman in the Ontario,
who was examined by Judge Suther-
land on the extent and values Of the ore
contained in the disputed territory, his
evidence being corroborative of the
great mass of Thursdays evidence.
The ores, Mr.. ellis r2lated, were low
grade and rebelliOuS in character and
had to be mixed with ores from other
parts of the mine to be treated. There
was no shipping ore to speak of. The
ore on the 1900 would run about 40
! ounces silver with a small percentage
/ of lead.
/ On cross-examination he said the
/ highest picked samples might show as
much as 300 ounces.
] At this point a glass model of the
/ MunadOr claim, made on a scale of
/ fifty feet TO an inch and constructed so
/ as to show the vertical side and end
I lines as we'll as the vein and different
workings from the LOO to 1,500 levels
| from No 2 shaft of the Ontario, was
Torndnoo,I hxrT md
/ A. Wilson was called to the stand. His
/ direct and cross examination consumed
! the greater part of the day and a
/ strong effort was made by Judge Dick
! son to weaken his evidence.
/ Witness was graduated from the Co
/ lumbia school of mines in 1882, and had
/ examined many mines since that time
4 Was familiar with all parts of the On
! tariO except the very old workings. The
/ Ontario vein was an east and west ifs
/ sure and its dip was from go to rs de-
/ greeS and from that to vertical After
/ going over much of the evidence and
/ cOrrObOrating statements of previous
/ witnesses in regard to the amount of
/ excavations. size of ore chutes, etc, he
gave figures representing his estimate
/ of ore stopped in the west portion of
/ the Munador claim, his highest figures
/ calling for 1858 TONS or over $4,000 tons
/ less than plaintiff insists have been ex-
/ tracted.
Question of Apex.
! The apex question was then gone into
| at great length. Witness had made sur
! face examinations of the Ontario. Last
/ Chance. Banner and other claims
| Large phOtOg. apis showing tie strip
/ ped portions of the Ontario vein and
! adjacent territory were introduced and
counsel for plaintiff objected to their
being admitted, but the objection was
! overruled.
| Witness COntended that his examina-
/ tons had convinced him that the On
tariO vein ran the entire length of the
/ claim from east TO west and passed on
/ into the Last Chance claim. It divided
at the point named in the explanatory
| paragraph above, the south branch dip
/ ping at about As degrees from the YER
/ teal while the east and west portion
/ dipped at about so degrees, and in his
I judgment the two would unite again 400
or 500 feet below the surface on their
dip.
On crOss-eXaminatiOn witness said
! his belief that the Ontario vein proper
ran the entire length of the claim was
| based on the fact that the western por-
ton, beyond the point Of branching,
more nearly cOnfOrmed to the general
| strike and dip of the main fissure, as
well as its great depth, and while it did
not carry the values of the south
/ branch, it contained vein matter cor
/ responding with the eastern portions of
the vein at the surface.
Charles Reid was the next expert
/ called by the defense, and he was ex-
amined by Judge Street. He had been
engaged in mining since 1874 and had
/ known the Ontario since soon after its
/ discovery. There was no question but
what the Ontario vein was a fissure
cutting the bedded formation of the
country and running in an easterly and
westerly course. Made his last exam
ination on Thursday.
Quality of Ore.
The ore in the drift is now being run
in the assure toward the west end line
was no better than that shown in the
surface cuts on the east end of the
claim, though it was not pay ore. 1t
was such a assure as might be located
under the law and explored with the
expectation of getting pay ore either in
Uintah or any other district.
His cross-eyamination by Senator
/ Brown failed to bring an aeknowledg-
ment from witness that the real vein
was that which passed out through the
south side line.
The Ontario Co.'s Book-keeper.
Charles L. Rood, the Ontario
cOmpany's bOokkeeper, was called to
give the average value of the ores min
/ ed in 1851 The milling ores in '95
/ averaged S2S per ton: in SO. S24.44 in
/ 81, $2165, while the cost of extracting.
milling, hauling, shipping, etc, cost
about sic a ton on the average The
/ figures given were on ores taken from
/ all parts of the mine. For the same pc
riOd, 2,101 tons of crude ore was shipped
| -S56 tons in 90 532 tons in SO, and 713