Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-06-06
HEAVY DAMAGE
SUIT ON TRIAL.
Ontario and Grown Point Have Be-
gun Their Big Battle
MILLION DOLLARS INVOLVED
Notion for Continuance j. Benied-
TwenD-dse Expert witnesses
from Park City'

The celebrated suit Of the Grown
Point Mining company against the on
taro Mining company was begun In
the United states court late yesterday
afternoon. almost the entire day being
consumed 10 impaneling the following
Jury. +. l.. Terry Fairucw, Joseph
r. Madsen, city Nathan Reeves, Rays
vine: John Axton, city. William c.
Wlnder city, George A. Lowe. city;
w. $. Edwards. city; John y. Axton,
city: stephen l.. Moyle. city, p. W.
Madsen, city; George W. Foole city;
r. II. OHcer city.
Judge Moses Hallett OF Denver was
on the bench. as Judge Marshall was
disqualified. having been attorney for
toe defendant cOmpany when the case
was begun IN 1895 The suit involves
81 1855. 2S5.fO and costs for alleged un-
lawful taking OF ore out OF the mining
properties OF the plaln,in company.
The plaintiff Is represented by Brown
& Henderson. Dickson Ellis * Ellis ana
Fred Il. Mc8urrin. The defendants
attorneys are Bennett, Hardness How
al. Sutherland Van Colt. Dey a
Street ana W l. Snyder OF Park city.
on the opening of court yesterday
morning Attorney sutherland, ior ihe
defense, moved for continuance tt
three months, on the ground that a
very Important witness EaWgrd Gloss
was In Europe. having gone there with
out the knowledge OF the defendant
aaI further that until recently the de-
fendant company supposed that tno
mine was located on one main vein. but
recently IL mas been dis9oge.,d by to-
psr. " Illnesses for the defense Wnat ap.
psaTed 20 be another win. which was
presumed TO pass through the westerly
end line OF the Ontario mining claim
An affidavit was presented, sworn TO 0y
superintendent Chambers and others
including w, l. Keys. Charles Read w
A. Wilson, Neil ellis. and o. A. Pal
mer that 10 would require three months
work to ascertain whether IL was an
other vein. aud Mr.. sutherland con-
tended that II a new vein had been dis
covered 1t would const, ne a complete
defense and on those grounds he
prayed Tor a continuance.
The attorneys for the plaintiff OPP
posed the motion vigorously. main
tanning that the defendant had ample
time to have It's material witnesses
present, and to ascertain how many
vFns les could law 'ully clam
Judge Hallett Oyerrulcd the notion
concuring In the opinion Of the plain
tin that the defendant should have had
its mattrlal Witnesses Drsssl It or ellie
their CO. POSITIONS.
After the mpaneling OF the jury.
Judge W. II. Dickson made the OPEN
ing statement for the plaintiff. out
lining the position Of the plaintiff. He
said that the plaintiff did not propose
TO lay claim TO the ore extracted from
The Crown Point. but only for that ex-
iracted from the J., 800 20 / .500-foot levels
which projected from the Ontario shaft
INTO the Munador claim.
The first witness was Robert Gorlln-
ski, the mineral surveyor who compiled
the map for plaintiff, and was ques-
toned as TO his methods in compiling
the map. the length Of drifts and work.
ings showing the extent OF defendants
alleged lrcspass.
Superintendent II. c, Chambers was
called 90 Identify a number OF Ontario
company annual reports, which de-
sellbed operations In that portion OF
The mlne.
Robert Gorllnski was rccaller TO ex-
plain how a second map which was in
troduced In evidence was compiled. A
few documents were introduced show.
ing title and transfers OF ground
owned by plaintiff. and the court ad
juurutt
The Crown Point-Ontario case was
resumed In the United States court this
morning, There were three witnesses
examined, whose testimonies. being ex .
pert. were quite technical and
complicated. The witnesses were
Wiley Chase and Crowthers. an OF Col.
orado. They testified as 10 the amoum.
OF staked area ia the Munador claim
with the evident intention on the part
OF the plaintiff to determine the amount
Of ore that had been extracted from
that claim Mr.. Crowthers stated.
however. that the estimate was only
approximate According to Mr.. Grow.
Tiers u required about Il cubic feet Of
the Munador ore 10 make a ton.