Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-06
No Experts Will Be Examined
Until Next Week.
WILL SPRING SURPRISE
Anaconda Location Notice Admitted
Discrepancies In Maps
Assay Values.

After the testimony of NJ. NJ. Martin,
clerk and recorder of Deer Lodge county,
had been submitted yesterday afternoon
i'm the suit of the Colusa-Parrot VS..
conda, Judge Knowles decided to admit
the defendants location notice. to which
ruling the plaintiff noted an exception.
Judge Knowles, in passing upon the mat
ter, said that as a matter of public policy
the locations should be admitted. In Cali
fornia the supreme court had held that
it was against public policy to interfere
with them. In Colorado they had no
form of location notice and in California
it was not necessary to swear to the
notice. The judge thought that Mon
tana vas the first place IN which this
provision was required.
Judge Knowles cited several authori-
ties making valid instruments executed
under common error" he said that
the error in the Anaconda location notice
was in the form Of verlfication, and as
far as he knew a v~erification had never
been attached to a location notice be-
ore
The defense here rested. and NJ. L..
Macdonald, the surveyor inc mining en-
gineer, was called for the plaintiffs. He
said he had surveyed the workings OF
many Of the mines in Butte. He lac
BEEN unable to make complete surveys
Oh some Ol llS ANeNCl oNCdk WIN AAA6
but submitted a large composite map
which covered the points in controversy.
The witness also presented a glass model
which showed every level in the Colusa-
Parrot and Anaconda.
Jerry O'Rourke, a mining engineer,
produced a large portfolio OF maps OF
the properties in controversy that had
been made from his surveys and notes.
After he had completed his testimony
an adjournment was taken until 10
O'Clock this morning.
In all probability no expert witnesses
will be examined for the plaintiff COM
pany until next week, when 1t is under
stood a surprise will be sprung on the
defendants attorneys. When court con-
vened this morning Mr.. O'Rourke was
! recalled and subjected to a searching
cross-examination by Mr.. Vale. The
latter called the attention OF the witness
to several alleged discrepancies between
the large and small maps exhibited. The
witness was also in~terrogated closely by
Mr.. .Vaile relative to the surveys of the
various levels and the time when cer-
tain development work was done on the
levels of the Colusa-Parrot.
During his examination of the witness
Mr.. Vale sarcastically referred to the
large map of the plaintiffs as a decidedly
complicated affair, to which Mr.. Hughes
retorted that the map was designed to
show the storm center of mineraliza-
ton" The witness said the maps showed
all the work that had been done up to
April l.
Leo Gluck, a draughtsman and mining
engineer, was called to identify the maps
offered in evidence. He said the small
maps had been made from notes and
plats furnished by Mr.. Mcdonald.
l. c. Pyle, an assayer, was on the stand
during a large part of the day, giving
testimony as to the assay value of SAM
Piles taken from various levels of the
! Colusa-Parrot, in that portion Of the
mine which had been designated by the
defendants as the blue or diagonal vein.
On the 10O-foot level he said he had taken
several samples from the DRIFT driven
from the crosscut north of the Shake
speare shaft. Taking a starting point
in the drift and going east he had taken
samples at various points. A sample
taken across the breast for a distance OF
about nine feet at the starting point
gave an assay value Of 1.46-10O per cent
copper and 3.24-100 ounces silver. AT
points 80 or 40 feet east of this assays
as high as 14.42-100 per cent copper and
16. S4-10O ounces silver had been OBJ
tanned.