Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-12-04
Judge Dickson States he Grand
Central's Case,
FIRST WITNESS on STAND.
The Same ola Crowd at Nepbi, with
the Addition OF the Experts Who
Wan Testify for the Defense

The great legal fight between the
Mammoth and Grand Central mining
companies re-opened yesterday morn
Ing at Nephi. The same Old crowd was
present from salt Lake and with them
some new faces, presumably the experts
who viii testify on behalf Of the Grand
Central
Only one witness was examined, and
was stil on the stand at the adjourn
ment Of the court This witness was
Mr. c. =. Brooks, the surveyor who
made the maps for the Grand Centarl
In his opening address Judge Dickson
outlined the defense Of the Grand Cen
tral. His address was a mastery effort
and occupied about an hour OF the
time Of the court.
Judge Dickson spoke substantially as
follows;
II the court please, 70 Is proper at this
time that we should make a statement
Of the defenses upon which the Grand
Central Mining company relies 70 the
claim put for IA by the Mammoth COM
pany on its cross complaint, and | VIII
endeavor to make the statement IN as
few words as possible As ] proceed II
may be necessary for the purpose OF
directing attention precisely to the
points In controversy that ! alude to
the testimony upon the other side ana
the claims based thereon.
We present two defenses 10 the cross
complaint. either OF which. II estab-
lished, Is an absolute conclusive de-
In HsfHW
ment can be established beyond all
reasonable controversy.
Our first defense Is that the vein at
its top or apex leaves the Mammoth
claim entirely long before II has gone
far enough 10 the north 10 embarrass
the situation OF the Grand Central
company at ALL And right there l
wish. In word, 10 state what we claim
To be the true outcrop OF the vein and
the apex OF the yein In some cases
they may be one and the same thing
II the vein finds It's way TO the surface.
then. Of course the outcrop Is the apex
OF the vein; but very often IL Is what
we call q blind apex. that Is. the vein
In its upward course does not come to
the surface II may lie hundreds OF
feet from the surface. in this case we
are willing 10 concede What has been
said on the other side as TO the limits
OF the vein. II applied 70 Il when
speaking Of IL literally IL applies 10
Il when going 90 the deep For in
stance, In taking the Cunningham
stope Il has been traced in ore till
YOU get within $50 or 40 feet from the
surface. II no ore is found above that
then the apex at that point would be
on It's upward course where the min
eradication had ceased
Now, turning 20 exhibit - "a map
showing all the worklngs), we expect
20 show 20 the court, TO your honors
entire satisfaction. that when you have
reached n point going from the south
line Of the North Mammoth extension,
you are within the vicinity OF the
northeast edge OF the Mammoth stope,
that that vein and its apex has en-
tirely departed from lot IS, and never
returned thereto.
II that be true. then the extra lat
eral rights OF the Mammoth company
as 70 that vein would be confined be-
tween parallel planes, one drawn
through the point where the vein has
left the claim and the other parallel
thereto drawn through parallel to its
southeast end line which would leave
an the ore bodies In dispute outside
| and north OF the northernly Of these
two planes.
1t has been testified by witnesses
called on behalf of the cross-complain-
ant that not only Is the apex Of the vein
| found In the southerly end OF the
| North Mammoth extension, but that
| the outcrop can be traced, and has
been traced by these various witnesses
| clear through the northern extension
| OF the Mammoth. lying practically in
| the side lines thereof, to and within
the northern end line Of that claim.
| That we dispute
! There Is one fact, and about the only
/ fact whore there viii be any controver-
sv I'm the testimony, that Is any essen
| tIal controversy. II is true that lime
| stone and iron may be found on the
| surface OF ground embraced within the
north extension Of the Mammoth, but
YOU can find. as we can show, that lime
| rs found away TO the east and west OF
| H. il Pas no significance, In our opin-
| ion. and indicates nothing as to the
presence or absence Of the VEIN In
round numbers. this claim Is 5000 feet
/ In length. II rs represented IN fun ON
| this map. $3.50 feet Of the north end Of
/ II contains nothing except iron-stained
rock and Gale spar So far as the evil
lence dlscloses, there is nothing that
/ has been found on the surface or be-
Meath the surface within the houn-
/ dares extending vertically 10 TIE deep.
| The presence Of iron and Gale spar IN
| dicates nothing IN our opinion. ana in
| the opinion and judgment Of our Wit
| nesses. as 10 the presence or absence OF
/ "A vein You find II IN every mincraliZed
/ country. and through the district In
| which these mines lie. You can scarcely
| go a hundred feet In any direction that
| vou viii not find lime more or less iron
! stained. and where there has been
crack YOU viii find calc spar filling
these cracks. As has been said by some
of the witnesses, iron Is one OF the most
! widely dinused and universally dis
tributed OF an the minerals.
Now. we win undertake 20 show that
| the apex outcrops al the southerly end
| of lot 49, You find II not only where II
has been exhibited on the contour map,
Int YOU find Il east ! think, on the
! same outCrop Why that was omitted
bv our friends on the other side don't
! know: we can only speculate. But our
! witnesses VIII show that the apex ana
| outcrop OF the vcin the southern end OF
! Inc Mammoth. extends as far east as
| he Young Mammoth tunnel. and that
ls as much of the outcrop OF the vein as
! the apex cave stope
As you go then in a northerly dlrec-
ton you find from the outside a ten
dency on the part OF this vein 20 make
to the west. The same thing win be H.
lustrated on every level from.the sur
lace down "a the deepest Workings
tendency 20 make 20 the west as you
ro north on the surface the eastern
! limit and eastern boundary of the
! naturalization on the surface viii be
found and shown 20 go passing little
west and above the easterly edge OF the
! cunningham stope and goes out 20 the
| surface. so FAR as the naturalization Is
! concerned. some sixty feet before you
reach the south end line OF the silver
opolls projected eastward.
| II is my claim that our apex Outcrops
] -, me line ~ these stones But we