Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-06-07
MINING SUIT
MOVES SLOWLY.

The much involved case between the
Grown Point and Ontario mining COM
panies went on slowly In the United
States court today In the morning
Mr. Burton was recalled ana answered
a few questions regarding the map
which no made The other witnesses
were r. G.. Chambers, William Thomas
and James Quick. the two latter being
miners who had been employed at the
Ontario mine for number of years
Their testimony related 20 the amount
Of work that had been done In the vein
that Is involved.
Mr.. Chambers examination covered
nearly two hours. and had reference to
witness title to the property.
The plaintiff In the Grown Point-On-
tario suit concluded its testimony yes
terday afternoon and rested. The
witnesses in the afternoon were, r. Il.
officer. the assaver, and one Of the
jurymen in the case. Walter Wool,
bookkeeper OF the American Smelling
and Refining company; Peter Kraller
and George Hall. Mr. Officer testified
TO certain assays made by him OF SAM
pies taken from the Munadore mlue,and
furnished him by Expert Wiley.
Walter Wolf testified as TO the value
Of ores from the Munodore consigned
10 the snelter by the on lriO company.
The value ranged from about Slh0 TO
500 per ton. The period OF the con-
slgnments covered the years 1895 and
1886. The freight and smelling charges
amounted TO about Slj per ton. on
cross examination Mr.. Wolf stated
that about 50 OF the SIS were for freight
and the balance Tor smelling charges.
Peter Kroller. the patentee Of the
MunodOre. identified the contract en-
tered into between himself and George
Hall. He was living in Park City
when the papers were made. and 81
far as he knew. there had been no ore
taken out Of the Munadore or any open
inSs or workings I'm the ground. On
cross examination he testified that he
saw Mr.. Chambers on the dump OF the
No I shaft OF the Ontario mine In the
fan Of 1890, and al that time they dis
Cussed a proposition for the former %
pay him Tor ore that was being taken
out Of the Munadore which the foreman
had told the witness was being done
Mr. Chambers had said 10 witness.
You're a pretty fellow TO buck up
against me" etc. Witness did not
remember that the foreman had ever
said that the witness would receive
$751; 600. In redirect testimony the
witness stated that he told Mr.. Cham
bers that he understood that he (Chap-
bers) was taking ore out Of the Muno-
d0re, whereupon the latter replied
Yes. what are you going 10 do about
it2' The witness answered. Moth
ing. ia be a pretty fellow 10 buck
up against you"
on being shown a document purport-
ing 10 have been signed by him and
witnessed by James Lockhart, witness
attested that IL was not his signature,
hut very much Ike Il.
George Hall was called, and idertl-
fled a deed transferred by him 10 the
Crown Point company. He had not
known Of any ore taken out OF 10
Munodore up TO the time he sold IT, and
in october, 1895, applied TO Mr.. Cham
bers for permission 10 enter the on
tario mine, a request which was denied.
Witness believed that the Ontario COM
pany has been working under Crown
~ int gICunu for yeats.
The opening statement for the de-
Tense was made by Mr.. Sutherland he |
also illustrating with a map. He said |
that the testimony in the case will |
show that the Ontario Is the Oldest |
mine In the group, having been located /
In July. 1872 tie granted that ore |
"a Loo ia III Of fss oil
al about the point indicated by the
plaintiffs map but Il would be shown, |
said he. that the vein had its apex IN /
Ontario ground The vein forks, he |
and Il would DE shown by |
testimony that the south vein dips /
flatter than the north. and that they 1
meet at about the 400 level Of the on
tario mine II these two veins unite. i
he said, as we expect 10 prove. then tho i
Ontario being the older location, would /
have the extra-laterai rights 10 the /
vein. II would be further claimed by /
the defendant. said he. that even II /
the veins do not unite the extra-lateral |
rights Of the defendant should hold /
good. BY considering the group as one /
claim. as Il Is IN fact II Il was proved,
he concluded. that the defendant was
liable for ores taken from the Muno-
lore claim, the defendant would insist
that the estimates by the witnesses for
the defense were extravagAnt
The first witness for the defense was
Lafayette c. Burton, a civil engineer
and assistant engineer OF the Ontario
nine for the past seventeen years. Mr..
Burton drafted the maps used by Mr.
sutherland. and he testified as 10 the
surface groupings. depth Of
soil over the vein, etc