davidaulloa/AmericanStories huggingface dataset:
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-11-25

ment for $500, 600 for ore already taken.
Later the same plaintiff asked for $780,
600 more because the Mammoth had
taken that amount of pay dirt out of
the COnsort, another Grand Central
claim. In reply the Mammoth filed an
answer and cross complaint setting up
that the company was following it's
own ore vein and that it had a right
to 60 with it into Grand Central terri
tory oI anywhere else it might lead.
Where the Dispute Arose.
Thus the issues were joined. Great
ore bodies on the 200 and 500 levels Of
the Mammoth were the points in dis
pute. The Grand Central, in working
down on its claims, struck this ground
and at the same time made the discoV-
cry that the Mammoth was working
from above on the same ore. The fact
that the Mammoth filed a cross COM
plant really makes that company the
plaintiff although The title Of the suit
remains the same. Therefore the bur
den of proof is on the Mammoth and it
is compelled to present its side of the
case first.
The questions of apex and extra lat
eraI rights are the keystOnes to the
arch of Mammoth testimony thus far.
During the week just ended the eX-
perts. the miners and other witnesses
who have testified have attempted to
show that the apex of the vein is in
No IS, this being the title by Fyh1ch
the original Mammoth claim is known
in court It has also been attempted
to be shown that the vein matter is
continuous on its dip under the side
lines of No. SO through the Bradley and
Golden King, other Mammoth claims,
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-11-25

and into and through the Silveropolis
and through the side lines of the Con-
sort.
It is quite generally believed that If
the Mammoth makes good its apparent
theory that it has the apex entirely
within it's original claim, that settles
the controversy, for under the law Of
apex company which has one is per-
fnitted 10 follow its vein through the
earth if that were possible, no matter
what direction it might take in its
dip. The fact that Grand Central
ground has been dug into would cut no
figure in the case at all.
It is said that the Grand Central
must take one of two defenSes. The
first is to prove that the apex of the
vein is not entirely within the end
lines Of No. IS. but that part of it
appears in the Grand Central outcrOp-
pings. The other is that the ore in the
Grand Central is a chute or chimney Of
entirely different character from the
Mammoths. Questions asked by Judge
Dickson and Senator Brown on behalf
of the Grand Central, have made it
possible to adopt either OF these lines.
Senator Brown was particularly Wig
OrOus in his cross-eXamination of Sam
uel Mcintyre. president of the Nam
moth. on the point of similarity in the
ore. He pressed the witness hard with
searching questions as to whether or
not the ore discovered in No. SIS was of
iCentically the same character as that
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-11-25
TAKING IN STAR CON.
Reported Sale of $4,000 Shares
For $4,000.
PACKARD Is PURCHASER
NOW CONTROLS NEARLY ALL OF
THE STOCK.

The report was given out yesterday
that Milan Packard, manager of the
Star Consolidated company had in
creased his holdings in that company
by the purchase of nearly $4,000 shares,
giving him about $50, 600 shares in all.
As Mr.. Packard has left the city
verifcanOn from him could not be OBJ
tanned
TO the $50, 900 shares thus secured
should be added the $4,000 still in the
treasury and unisSued, so that Mr..
Packard's control really amounts to
over 360,0O shares. His latest puT-
chase, it is said, consisted OF $4,000
shares which reached him through ne
gotiatiOns with W. W. Armstrong, the
Park City broker, who was in the city
from Sunday evening till Friday morn
ing. and who. it is believed, represented
David Keith's holdings. The price at
which the block was secured could not
be learned, but it is thought to have
been at about 90 cents a share, that
being the figure offered by Mr.. Packard
for big lots on the open market Fri
day. thus the purchase would involve
So. 200
Ihe sale. it is said, was made on an
agreement which called for $4,000 or
$4,000 down and the balance in equal
monthly installments, and so sure was
Mr. Packard of his premises that ne
would not only make the mine supply
the money to pay off the Indebtedness
and refund the voluntary assignment
levied several months ago, but ne
would also put it on d dividend paying
basis early in the new year, and III
that way meet deferred payments on
his latest purchase.
OF the remaining 40, 600 shares 1t Is
contended that friends of Mr. PACK
ard control all of 100, 600, so the avail
able shares which might be used to IN
duence the market viii have been con-
fined to quite narrow limits.
OF the mine il is said that at no time
/ in its history has so much ore oeeh
exposed, and to lend emphasis to the
declaration it comes from a most re-
liable source that an entirely new ano
heretofore unknown silver ore chute OIL
great value has recently been opened
on the 500 level chute the discovery
of which Mr.. Packard has guarded
with the greatest secrecy.
Yesterday Manager Packard tooF
down a check calling for over $2,5Zf fol
/ the four cars of ore sent out early il
the week. the net price per ton re-
ceived being S21.S4. The bins at the
mine are full of ore for another snip
ment, but Mr. Packard sad none
would be shipped pending the denVerA
at the mine of two cars of lumber anC
two or three cars of coal, which nae
inst gone out, but he promised tha'
ore would be coming down regularly
from the moment the hauling men
toned WAS over with.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-11-25

DO the ore bodies in dispute, lying
below the southern end OF the Silver
opolis and under the Bradley claim and
across the side line into the COnsOrt
mining claim at the 7OO-foot level. and
also the Slopes from the 700 down to
the 500 and below both in the Mammoth
mine and the Grand Central mine, con-
stitute part and portion of the vein
which you have described as having its
apex in Mammoth lot IS, extending
from the south end line to a point
northerly within the claim HOO feet
Distant"
Mr.. ellis answered that he believed
all the ore bodies were the. same.
Then the discrimination was be-
gun by Judge Dickson. At first he
confined himself to questions as to
iron-stained lime rock The witness
said he had found such rock in the Con-
don raise, but denied that he had seen
any at the top of the raise, Continuing,
Judge Dickson wanted to know some
thing about the "thin dyke" that has
appeared at regular intervals through
out the case.
A Thin Dyke Query.
Mr.. Ginies didn' [ know, anything about
a thin dyke. Judge Dickson insisted
that the term had been frequently used,
and he ought to know what it meant.
Mr.. Zane objected vigorously. TO the
style of rOss-eXaminatiOn. He de-
/ Clared that no witness had used the
! term thin dyke" and that Judge Dick
! son had evolved it out Of his own NOM
! enclature.
After five minutes ct sparring Judge
/ Higgins ruled hat Judge Dickson's at
! titude was correct. Getting down TO
| the Young Mammoth tunnel judge
/ Dickson and Mr.. GillieS had cOnSld-
! cradle talk. The attorney had under
! stood the witness to say that he had
been into this tunnel. Mr.. GiIlies, when
/ pressed on the subject said he had
! been misunderstood If he had said he
/ went into the tunnel in question he
said 50 through misrepresentation as
! TO the subject matter under eXamina-
ton He was thinking of one tunnel
and Judge Dickson of another.
During the examination on this point
Mr. Zane protested against what he
called the { bling" of the attorneys
for the other I object TO cOun-
/ sells use of the \, a quibbling, : said
/ Senate Brown with some heat There
has been no clubbing on this side OF
the case
Judge Dickson then asked the ques-
ton referred TO al the beginning OF this
story He wished the witness TO state
| whether or not the vein IN the Young
/ Mammoth was similar to the vein on
No. IS. In reply Mr.. Giles said that
he had never been into the Young
Mammoth tunnel
DO YOU think il would be possible
! to have a vein in the Young Mammoth
tunnel which would be separate and
/ distinct from the vein in lot No. 3S2
/ Judge Dickson inquired.
To this AIr. Gillies answered that he
! could not say unless he mPde ah -
: animation Of the ground.
BY this time II Was 2:30 o'clock, so an
; adjournment until Monday morning at
, Il O'Clock was taken. All the attor-
news Went to salt Lake on the sos
train. Lafayette HOlbrOOk and Ed
i Loose of the Grand Central went to
} / Provo to spend Sunday while Samuel
MCINTYRE went to the metropolis.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-11-25
WOODEN LEGS NO BAR.
Cincinnati Enouirer.)

Cleveland. Ohio.-A pair of wooden
legs did not stand in the way of Earl
Kennedy winning the heart and hand
of pretty Marion Day, who ran away
from home to marry her crippled low
er. Marion Day is the only daughter
of Arthur Day of Sunset avenue, fore
man of the Riverside factory. She is
19 years old, and strikingly pretty
About two months ago her 12-year-o
brother was injured and was taken
to St Alexis hospital.
During his illness Marion visited him
every day. In the same ward with
Marion's brother lay Earl Kennedy.
He had lost both legs about four years
ago by being run over by a. freight
train, and because of a slight injury to
one of his stubs" was in the hospital
He saw Marion Day on her daily Wis
it's to her little brother, and they fell
in love.
Last Monday the girl left home Sc
cretly and the couple We're married.
The father has now located them in
Youngstown. The girls father is
heartbroken, while her grandmother
seems to be most shocked by the fact
that Kennedy is minus both legs.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-11-25
BINGHAM TERMINAL.
Grading on the Copper Belt" Line to
Begin Tomorrow.

Manager J. G. Jacobs of the Bing-
ham Terminal broad guage line to be
constructed from the r. G. W. depot
at Bingham to the United States and
Bingham Copper & Gold COM
-panies mines. give out the in
formation yesterday that the
contract for grading and traCklaying
had been awarded to the Utah Con-
struction company of ogden, and ad-
vices received during the dayswere to
the effect that it would be prepared to
start work in a day or two. Mr., Jacobs
therefore expects the company to have
its forces on the ground tomorrow and
not later than Tuesday
In the meantime ore is being deliv-
cred at the depot for the Bingham Cop
per & Gold company as fast as it can
be handled with the present tramway
and it's equipment. so that a large ton
mage will have been accumulated in
the bins OF the cOmpany'S new smelter
by Jan. 1, anyway. Mr.. Jacobs is leaV-
ing no stone unturned to get the new
line in operation and had lit not been
for the severe storms of the past week
construction would have been under
way ere this. The name given to the
new line is the Bingham Copper Belt
railroad.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-11-25

in the 200 and 500 levels. Mr.. Mcintyre
was quite positive on this point
Judge Dickson's line of cross eXamf-
nation was mainly on the question of
apex. He wanted the witnesses to be
sure that all the outcroppings were on
No. 81 and most Of them were sure. It
is. of course, surmise as to which Of
these defenses viii be taken up or
whether either win be used. The at
torneys for the defense have thus far
steadfastly refused TO give even the
faintest outline of the character of
their testimony or their theories. They
say 1t would not be right to make any
kind of statement at this time other
than that they are pleased with the
progress of the case.
The exact amount of money involved
In the action is practically impossible
even to estimate. The pleadings IN the
case show that the Grand Central may
get judgment for $3.50. 600 or the
Mammoth for $500, GOO. These are the
amounts of the claim and counter
claim. But either sum is insignificant
when compared with the value of the
ore, the ownership of which viii be de-
cided eventually by the highest tri-
bunal in the state
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-11-25
Mining Notes.

President Wilson I. Snyder Of the
California company viii return TO the
Park today.
David W. Brunton. of the Taylor &
Brunton sampling works, left for Den
yer Friday night
Judge J. r Morgan of Boise and ".
P. Connaway OF Moscow, Ida, are IN
the city on mining business
General Manager Hartwig y. Cohen,
of the Consolidated Mercur, viii ar
rive from California tomorrow morn
ing,
Another car of copper-gold bullion
fro mthe Highland Boy smelter was
billed out yesterday, 1t contained 60l4l
pounds.
Manager P. T. Farnsworth left for
Frisco Friday night to size up opera
tons at the Horn Silver. He is expect
ed back tomorrow.
The Lower Mammoth Mining COM
pany is fitting up offices ab 6l5-l6 Pro
gress block, into which Secretary Sam
uel PAUL. will move tomorrow.
Secretary George E. Airs of the Dex-
ter-Tuscarora, accompanied by Archie
Miner. will leave today for a several
days trip to the mines at Tuscarora,
New.
Colonel S. B. Miner left for Idaho
yesterday to look after matters con-
nected with the great Snake River Val
ley irrigation enterprise with which he
is connected,
w H. Cunningham, secretary of the
Consolidated MercuF company left for
Chicago Friday night. having been
summoned 10 the bedside of a sister,
who is reported to be seriously i'll.
Milan Packard who holds lease and
bond on the Bully Boy and Webster
property at Marysvale, and who is
working over the immense tailings
dump in mill recently put in for that
purpose, has ordered two more twelve
foot cyanide tanks, which viii go for
ward next week
Moab Times: A. NJ. Paul Of Salt Lake
City is in town this week to look over
the copper prospects in this section,
with a view to locating an extracting
plant operated on a process lately in
vented. He is associated with II. {.
/ Edwards and others of Salt Lake City.
4 He was here about a year ago and
shipped out about 1000 pounds of the
/ copper ore from this section to use in
/ experimenting with the process and
/ finds it as well adapted to it.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-11-25
TREMENDOUS ISSUES ARE
INVOLVED In The ACTION

variest tyro in the business of mining
can look at this model and learn as
much at a glance as he could by sew
eral weeks of study of the actual in
terror.
Other Big Expenses.
All these things cost money, but the
EXPENSE of making them is a mere drop
in the bucket compared with the ex-
neuse of hiring experts to make examl-
nations and to attend court afterwards
and tell what they learned on their
trims through the mines. Again, the
cost of development work by both sides
for the purpose Of this suit must be
taken into consideration. Some OF this
will of course prove valuable in other
years, but it was unnecessary at this
time
Just what the Grand Central people
have done in the way of maps and ex-
hfbits will of course not be known I'M
til that side of the case has been pre-
sented- G. P Brooks of Brown &
Brooks of Salt Lake, is here at the
head of a corps of draug htsmen en-
gagged in getting out more maps from
notes taken IN the Grand Central and
which will be used at the proper sea
son.
So much for the preparations. At
this point a brief history of the suit
will not be out of place. The accom-
panying map and cross section VIII ex-
plain many points which would other
wise be unintelligible. Some months
ago the Grand Central discovered, or
thought it discovered, that the NAM
moth was taking ore out of ground
that did not belong to that company.
As a matter Of fact the Mammoth
really was taking ore out of Grand
Central ground. There is no dispute
about that The point is whether the
ore being extracted by the Mammoth
belonged to the Grand Central or TO the
other party to the suit. The Grand
Central people believed the ore to be
.heirs.
In their complaint they charged the
Mammoth with tFespasS on their Sill
veropolis claim and asked for a judg-
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-11-25
SILVER KINGS NEW SHAFT.
To Go Down From Alliance Tunnel
at Once.

To Go Down From Alliance Tunnel
at Once.
Word comes from Park City that all
ARRANGEMENTS are practically complet-
ed and that the work Of sinking new
shaft by the Silver King company viii
commence during the next day or two.
1t will go down in the extreme west or
southwest end of the cOmpany's terri
tory and more than one mile distant
from the companys present operating
shaft. 1t is to be started from the AL
lance tunnel and pushed down as fast
as three shifts under the fOremanShlp
of the veteran Bill" Tretheway can
accomplish it.
With this great bore completed and
connections made with the developed
portion of the mine the Silver King
company will not only have opened up
a vast area of virgin ground, but IL
will be in a position to easily double
its present output.
The location of the new shaft viii
bring the King workings right under
the eastern slope of Crescent ridge and
against the Crescent Hill company 5
possessions and those of James Nc
Gregor, a fact which gives color to the
report that the buying up of Crescent
Hill stock by H. G. Mcmillan has been
in the interests of the King company
The latter gentleman stated yesterday
that a meeting of Crescent Hill direct
ors would probably be held during the
coming week and in that event some
thing regarding the purposes of Mr..
Mcmillan in securing control may be
made public.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-11-25

tunneD mill is partly delivered and the
balance is. at SANDY awaiting teams
The milIsite is graded and the build
ing frame should be up by the latter
part of next week.
\ fiume 300 feet long is being built
at the Castro placer, also the dam II
undergoing repairs. preparatory 10
working the claim by leasers next
spring and summer. Sixty feet OF
the fiume is completed.
ore hauling and all up-grOund work
has been nearly at a Standst1h TINS
week owing to the heavy storm Whlch
set in Sunday Over a foot OF snow
fell. only to be licked up by a CHINOOK
that came Wednesday, The roads,
though quite muddy in camp, are pass
able. and with fair weather usual bust
ness viii soon be resumed.
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-11-25
HOTEL ARRIVALS.

The Kenyon.-Nathan L. Walker. L. S.
Mercer, San Fraucisco: d. j. Lindsay.
w. A. W. Krebs, Provo; ". A. Granger,
Park Par CITY; II 7. Burgess Mexico; \. 0.
Miss e. L. Stone. ogden; H. E. Manley.
Kansas City; L L. Num-, Provo; Leon
Friedman, st. Louis; Mr. and Mrs. A
Sacramento; George G. AontedleTge, San
francisco; David Stage, Provo; Axel
Anderson, New York; a. F. Burton, Og-
den; W. 3. Forsyth. Corinne; G. Church
i'll. New York; J. NJ. Weed, Provo; Lulu
CroW, Denver; Richard Lambert. agent
Fast Mail \ 3 Copper. San Francis
stadt. H. Lehman. Chicago; William NJ.
Roylance, Provo; Flint Bower, Denver;
.. ". Lyman, Cedar Rapids.
The Knutsford.-W. /. Loveiand. Chi
cago; r. b. Washburn, L. Z. Raymond,
New York; Miss Lille Stevens, ogden:
W. D. Burgess. Omaha; Julius Frank,
Rochester: Miss +. Merrill, New York.
W. r. kedston, e. j. LnHatt, Chicago;
and wife, New York; F. A. Fletcher, Chi
Cago; B.. Leviso il. New ort: Jane :
O'Grady, Great Falls; j. +. Spillman and
wife, New York; John Nolan and wife,
B. S. Gibbs, New York; NJ. II. Kern. Den
yer; Q. D. MANNER, Miss Hammer Bos-
ten, g. q. Russell, Helper; Mrs. s. J.
Churchill, New York; Henry Silverman,
Chicago w l. Jenny and wife, Nephi
II. X BOSUnd and wife. Korea, Henry
Shaw, New York F. w Dunn. Oregon,
Mrs NJ. {. Smyth, New Hampshire.
The Walker-G W Thutten CattweII,
Rock Springs. Wye; Charles Mayhoney,
Bingham; DR.. q. r Tidgman, Rio GTande
Western; J. J Brown Sunshine; T g.
West, Baker city. ore, James r. Brock
ney. Ogden; a. n. Davidson, II. W.
Davidson, Chicago; Fl. ClOnsky, Denver;
j II. Martin, Mercur-
The Cullen. T. Morgan, Boise; ". P.
] CannaW4y. MOSCOW Ida; Mrs &. F.
.Spinney, Salmon City; Charles MOffatt,
Kansas City; F. f. Holyheimer. Eureka :;
Richard Duerden. WOOdsdaie; George
Reed. Ogden: 3. p Louis Council Bluffs,
Ia, Mrs. TT. Earl Tucker, Utah: NJ. G..
Shurtlin- South Auburn, Neb.; John Den
ser wife and dughteI, TubUn. Neb. :;
Hodge Marshall and wife, Eureka: G. II.
Champion, Denver; o. ,. Dune, Butler,
Pa. Charles w. Penney. Thistleis d. II.
j. Moray. Mt Pleasant: Carl GebharL
: Germany; $ Bradley and wife, G.. Elliott
and wife, EmDoria- Kan.
White House-yN King. ". J. Henry,
Red Cliff. Colo: J. Rasmussen. Laramie.
WyO.. Fred Bates. agent Della Pringle
company. , D. Boutz, Provo; !. B.
Wflkie. Frisco. MEss.J Sheppard, Mrs. J.
II. Austin. Eureka; W. J. Edmundsen
and wife, San Francisco; NJ. p. fpsen,
James Bennett. Beaver; J. Selley, J.
! 1vers. Colorado; J.. A Love, Omaha; w.
( C. Evans. Winnemucca; A IL. Pearson.
+ Park CITY: NJ aGiHett. L. Hoagland.
TOeele; WI. Stewart. Spanish Fork; A
The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-11-25

Especial 10 The Herald)
Nephi, Nov. 24-What is believed by
many to be the defense which is to be
SET up by the Crane Central company
in the great suit now pending before
Judge Higgins came to light this after
moon. Expert GiIlies, a witness for the
Mammoth. who was PIT on the stand
yesterday, was asked a question by
Judge Dickson on cross-examinatiOn
that was thought to reveal at least a
part of what The Mammoth people have
Ueen eagerly awaiting.
The question was as to whether or
not the vein matter in the Young Mann
moth tunnel. which is outside Of the
MammOth's original claim No B, and
southwest of it, was identical with the
vein in the original claim Mr.. Giiiies
replied that he had never been into the
Young Mammoth tunnel and, as a con-
sequence he was unable to say.
If the Mammoth and the Young
Mammoth contain the same quality and
general character Of ore, IT viii be easy
10 establish. II is said, that the vein
traverSes the Mammoth claim dlagO-
nallv. crossing both its side lines, and
that under the generally accepted law
governing such cases, the Mammoth
has no right to go beyond its side lines
on this vein.
In other words, it viii be cOntended,
if the defense follows the theory it is
nov believed here the defense will
adopt. the law of extra-Iatera1 rights
will not apply in this instance. As to
whether or not the Grand Central at
torneys viii make the defense outlined
a part of their case remains to be seen.
All of them, when asked for state
ment. absolutely refused to say a word
for publication
The denomination of Mr.. Glllles
on the Young Mammoth tunnel matter
was under way when, at 2;5O o CLOCK,
court was adjourned in order to give
the lawyers a chance to return TO Salt
lake 20 spend Sunday. The battle will
be renewed Monday morning at
o'clock.
Expert Gillies on the Stand.
When the morning session was open
ed. Expert Gillies continued his meta
phoricaI trip, aided by maps and plans
through all the workings Of the Nam
moth. He went over the character OF
the vein in great detail, giving IN teen
meal language the character and COM
position from the grass roots down
TO the 700 and 500 levels. where the dis
7,uted ore was found. Mr.. Zane had moi
concluded the direct examination of Mr.
.SUlies when court took the noon recess
This time the hour for reassemblng
was fixed at 1:15, instead Of O'Clock
the usual hour, in order to afford as
much time as possible before the Sal
Lake train departed
On the opening Of the afternoon SEES
sion Mr.. Zane summed up what M
wished to prove by the witness in TIVE
questions. The first was:
From your observation, are you adj
10 say that The apex of this vein exist
IN claim No. 3S from the south end lin
10 a point leo feet nOrthE'
The reply Of the witness Fas IN IN
affirmative.
Next Mr.. zane put this question t
him;