Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-25
TAKEN UNDER
AMUSEMENT
End Of the Big Mining Suit Has
Been Reached.
CONCLUDING ARGUMENTS
Governor Thomas Makes a Personal
Attack on Prof Tower to Which
Attorney Hughes Replies.
CONCLUDING ARGUMENTS

last evening and Judge KNOWLES stated
that he would hand down a written de-
cision at this term Of court.
Governor Thomas concluded his adj
dress at 1:30 O'Clock yesterday afternoon. !
Just before he concluded he paid his
respects to Prof. Geo. w. Tower, jr..
a witness who testified for the plaintiffs.
Professor Tower, he claimed, had chang
ed his opinion Of the geological condi-
tons existing in Butte at the instance of
George H. Robinson, whom he charac-
terized as a classic-featured Mephisto,
who had made the modern Faust see
things in another light.
The governors attack on Professor
Tower was a bitter one. The concluding
portion Of his argument referring 20 this
matter was az follows: Talk about
changes Of opinion! Why, II your honor
pleases, this young gentleman is MOTH
ing to me, but I 10 not know Of an in
stance that to my mind is sadder or
more mournful h that which Is here
presented in the wondrous change that
has taken place in this young mans
opinions, when you consider the circum-
stances under which they were made.
I honor a man who, when he finds he Is
mistaken, says 81. It Is n of the rules
of the scientific man who is cOnscien-
tious that when he makes a mistake he
shall acknowledge 1t; but where the mis-
take on the n side is accompanied by
employment on the other, no man must
complain If his motives. at least, are
subjected to criticism; and in this camp,
although Mr.. Tower may live for q long
time and even blessed with fortune and
prosperity. that one act, of his cannot
be atoned for, it seems to me, by a life
time Of repentance. Talk about a change
Of opinion! I am willing, If the court
pleases, to take this hard-headed. a
haired professor, who has spent his life
teaching the youth OF the land. on the
one side. and contrast this modern
at his age, mad been excused If he had
yielded to the temptation of st. Anthony,
but who simply sold his convictions n
his report for employment by two mas
time henceforth control his action and
his conduct That change, If the court
pleases, Is one which il absolutely neces-
sary to the success of this case"
Charles j. Hughes closed the argument
for the plaintiff. Mr.. Hughes is an elo-
quent lawyer and he made the Ynost Of
his subject. At the beginning he paid a
tribute to the court for cOurtesies ex-
tended counsel and touchingly referred
to the tragic events which had occurred
s senee t ii Mr. sr1al d ss : The The e snfGs's q a sls
partner, Jay P. Lee, the striking down
Of the brother of his associate counsel
and the sudden death Of Judge Dixcn's
son were all dWelt upOn.
Coming Town to the underground con-
ditions, Mr.. Hughes referred to the fact
that the location of the plaintiff was the
prior one. The theory OF h blue vein
was one which a only been recently
evolved. Two years g the defendant
came forward with the theory of paral-
lei veins. They made models to support
their contention, but there came q day
when they had to come into court, and
after looking into. the matter they found
Then under the pressure Of necessity
came a revelation from Professor Shaler.
who, the speaker said, served geological
milk to babies at Cambridge, Mass.
and who would not know a mine If he fell
into 1t. shaler, he said, was the great
fault doctor OF the age.
Mr.. Hughes sarcastically referred to
the scientific gentlemen who a been
unable to find the outcrop of the Parrot
vein east Of the blue vein. Hardy, un-
lettered miners a been able to distinct
ly trace this outcrop, yet the learned ex-
perts for the defense could not see it.
Mr.. Hughes also commented on the al
legged fact that the defendants had kept
map, because they might show a continu-
alton Of he Colusa- Parrot vein through
the blue fault.
Mr.. Vale had referred to the blue vein
as a weeping vein, Governor Thomas
sor Shaler's definition Of it was a gurg-
ling vein. Yet the miners who q
worked in the mine for 40 years had
never been able to discover this re-
markable blue vein which was first re-
cognized by these famous geological wit
nesses. Only for Professor Shaler the
people would have gone on believing in
the continuity of the Anaconda vein.
Mr.. Vale, he said. has established two
lines Of breastworks, but after all had
been unable to run out a single raise in
the blu vein. Mr.. Vaile had paraphras-
ed well kncw VIZ poem on the charge al
Balaklava-he had granite to h right
Of them, granite to the left Of them. gran
lite in front of them and granite behind
them. Continuing, the paraphrase. he ap-
piled it to DR.. Raymond. who, he said.
had looked down the raise at the 700 and
up from the 800. but could not see any
ore; his not to reaso why; his not te
make reply: some one had ~blundered.
lust before closing MI. Hughes scored
The Submarine Gold
Dredging Co.-
Win work the sands Of Car