Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-02-03

should find that the Windlass vein is end
ed at the fault. and in that case the
fault will fix and determine the apex of
the vein.
THE witnesses for the plaintiff lain
that the defendant, in attempting to bring
the apex of the Windlass vein within the
Rarus claim, has followed UP through the
country rock and other veins to the sur
face, and that such other veins are not
and never We're a part OF the Wlndlass
vein, but are parts Of other and indie
pendent veins which have been moved to
their present position by the action or the
faults.
I'm this connection I say to you that
a connection cannot be made from II
vein to another, it matters not how
closely one vein may be situated to an
other. In such a case the veins must
also be identical; and If in the ~faulting
action which Is claimed to have occur
red in this ground, one vein should have
been set very near to or in actual con-
tact with another, yet, if the identity
Of the veins cannot be shown, although
they may appear to be continuous, a con-
nection cannot be made from one to the
other.
what 1 have said to you regarding
the necessity of both continuity and
identity in tracing a vein to it's apex.
applies also in following a vein upon it's
dip, or along its course or strike. In
all cases where one attempts to- follow
up his own vein from his own ground
into that of another, to show, by a pre-
p~onderance of the evidence, that the vein
which he follows is a continuous one, and
that the vein which he claims beneath
the surface Of the claim Of another ia
the same identical vein which he follow
ed from his own ground.
Applying this principle to the case
at issue, l instruct you, that before the
defendant cOu1H riuhffn1lv Qnter hana1th
the surface of the Michael Dewitt claim
and extract ores from what is called the
Windlass vein, it must show by a pre-
ponderance Of the evidence, that it has
followed a continuous vein from within
the exterior limits Of boundaries Of the
Rarus and Johnstown claims to a con
nection with the slopes in controversy,
and must also show, by a preponderance
of the evidence, hat this vein, which it
has followed, is identical with the said
Windlass vein.
"And so if you find, from the evil
dence in this case, that the apex of the
ore bodies in controversy in this action
exists in the defendants premises, and
that said vein from it's apex down into
the working from which the ore in ques-
ton was extracted can be easily identi-
fed, or you find that it has been clearly
identified by the witnesses in this case,
then, although the vein in some portions
AAAsS ~ ' ~
otherwise interrupted, and at such points
there may be found crushed up matter,
or drag and country rock, yet If the vein
can be followed from it's apex down into
the aforesaid workings through these
Interruptions, and Is of such a character
that it can be readily traced, then such
faults or Interruptions in no wise de-
prive the defendant of its right to fol-
low and claim the vein and the ores
therein contained. Interruptions and dis
placements, either on the dip or strike Of
a vein. which do not so completely de-
stroy the continuity on strike or dip that
it cannot be identified or followed, do
not deprive the owner Of the apex of the
right to follow the rein and mine the ores
therefrom."
In conclusion Judge Knowles instruct
ed the jury as to its findings in the case.
He said that If the jury found that the
lode had its apex within the Rarus and
crossed the Rarus side lines and that It
was upon such lode that the defendant
entered the Michael Dewitt territory, then
the plaintiff would not be entitled to re-
cover. Although it might appear that the
apex of the Windiass was at a point west
from the point from which the ore was
taken, the jury could not find for the de-
PENDANT unless it also found that the apex
Of the vein was Immediately above n to
the east Of such place.
The remainder of the Instructions were
general and related to the weight and
credibility of testimony, except the last.
which touched upon the measurements OF
the ore extracted and its value. which
would have affected the issue If the guess
arisen.