Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-04-19

The trial of the Colusa-Parrot-Ana
) conda mining case will probably be con
Guided by tomorrow. The testimony II
!, chief is all in and the testimony in re
buttal will probably be all in by the time
; court adjourns this evening. Then viii
: follow the arguments, which may bs
, heard tomorrow.
) Just before court adjourned last even.
) ing the question of admitting some testi-
mony taken in the Nipper case was dis
cussed by the attorneys and taken unde
advisement by the court. The attorneys
for the Colusa-Parrot We're loaded with
legal authorities this morning in support
of their contention that the position OF
parties in litigation could not be changed
Just as Attorney Hughes began to cite
authorities Governor Thomas arose and
stated that the defendants would with
draw all objections to the introductio OF
the testimony of Messrs. Gillie and Chris
tian in the Nipper suit.
1T will not only save time. but it will
give us two more witnesses" added Gov
ernor Thomas.
Judge Knowles here remarked that
there was frequently a change of position
in the trial OF mining suits, referring to
the Michael Dewitt case as one. And
courts, too, sometimes change their posi-
tions," added the judge.
The transcript of the testimony of Ex-
pert Chase in the Nipper case was then
offered in evidence.
Frank l.. Sizer was questioned as to
the stipulation agreed upon between At
torney Lee, deceased, and Attorney Seal
lon as to the plaintiffs experts securing
permission to make an examination OF
Anaconda and Never Sweat workings.
Edward E.. Chase. the Denver mining
expert. was then called in rebuttal for
the defendants. Mr.. Chase testified to
having made several recent examinations
of the ground in controversy. On April
Is he had been up to the top of the No.
5 raise, a distance of Sc feet. The plain
tiffs represented this raise as vertical for
the purpose Of showing that it connected
by projection with another body of ore
in the Colusa-Parrot vein above. r
Mr.. Chase said that the raise was not
vertical. that up three sets it had an Off
set of 20 feet to the north, corresponding
to the offset Of the south vein hanging
wall. Mr.. Chase said the raise went into
the south vein. N. 4 raise, he said, came
up from the Anaconda, passed through
several small streakS in what was known
as the horse of the Anaconda and had a
very strong dip to the north. Witness said
he had taken twenty-four samples of ore
from the No. 4 raise last night, and that
in only one place he found about three
inches of ore in place, while the plaintiffs
had claimed t~wenty-fOur feet of solid ore
at that point.
+ Mr.. Chase sketched on a map the re-
suit of his recent explorations, showing
the positions from which he took the
samples and exhibited rock taken from
the point where the blue vein inter-
sected the Anaconda vein. On the 800 foot
lanai IS 49, Ny1,,~n C.~- -sl 49, ,.A
ness, a drift had been run south eighty
feet in granite all the way except where
a small streak of ''ironey'' ore had been
found.
Asked as to the correctness of the plain
tiffs maps the witness said there We're
several inaccuracies. He had some
cross section maps prepared which also
showed the geology, and counsel asked
permission to go into the matter. The
plaintiffs objected. The court ruled that
Mr.. Chase could explain his own maps to
show that there had been no junction of
the veins as that was the main question
involved. Mr.. Chase said there was no
junction of the veins at the east end line
section at the 500 foot leved because there
had been a drift extended so feet there in
granite. In the 800 the cross-cut was in
granite. In the 1000 crOsscut of the Ana
conda there was granite. There was no
union of the veins anywhere, the witness
said. and the plaintiffs projection theory
was all wrong. There We're no streaks of
ore at the 1000 foot level connecting the
two veins.
The cross-eXaminatiOn of Colonel Keyes
was concluded yesterday afternoon.
Asked to more particularly define the
union of the veins Mr.. Keyes said that
the deeper the vein goes, the more per-
feet Is the union while higher up it is
merely f~ragmentary. The witness also
stated tina the Reyes winze on the 1,2OO
had been filled up as it did not tap the
Anaconda vein as expected.
At the conclusion of Mr.. Keyes' evil
dence. the COlusa-Parrot people offered
In evidence maps, models, samples of ore
etc. The defendants also offered in evil
dence several maps and models. The
plaintiffs asked that the model used by
the defendants in the injunction suit be
placed in evidence, to which Governor
Thomas objected. Counse also objected
to the Introduction of the typewriter
copy of the testimony offered in thai
case, in which several Of the defendants
witnesses had stated that the Anaconda
and Colusa- Parrot We're parallel veins.
Judge Knowles said that there was no
particular rule by which a party can be
bound by the testimony of its witnesses
and as far as afidavits were concerned
they were considerable of a nuisance.
However. he would take the matter under
advisement until today.
Thomas s. Kilgallon. foreman of the
Colusa-ParrOt. John McManus and John
Dwyer. miners were the last witnesses.
They testified hat the Colusa- Parrot vein
was not cut off.