Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-03-22

came back with 81 .6OO. Old Judge Davis
q great hand at chewing tobacc0s
and YOU ought to hav seen him spit
when / handed over the money"
When the laughter subsidized, Attorney
Scallon wanted to know what In Sam
HIM all that had to do with the location
Of Parks Parrot. 4
well, you brought out this In cross
examination" laughed Attorney Cotter.
and Parks was hastily excused.
After a recess of about half an hour,
which had been taken to allow the de.
PENDANT time to secure their models ana
maps, Mr.. ScallOn made the opening
statement for the Anaconda
using the model to Illustrate the conten-
tons Of the defendant company. Ihe
model is an elaborate affair, and Is In
tended to show the veins OF the Ana.
conda, Never Sweat and Colusa-Parrot
properties.
Mr.. Scallon said that the defense would
attempt to show that the pres alieeeo
to have been extracted from the pam
tiff's ground were taken from the Ana
conda vein and no other. 1t would oe
shown, he said. that the Anaconda vein
extends clear through on its dip ana
passes out into the Never Sweat then
into the claim Of the plaintin. Inc s,s'
of the defense would be that the work
ings of the Never Sweat extend south TO
a depth Of 1900 feet, where the vein IS
1OuuU az LAX ~ S1NN
tiff's claim.
The defense. he said. was placed IN a
peculiar position by reason OF the rut'nS
that it was necessary to establlsh owner
ship of the ore in controversy. Fractl-
cally the defense was required 10 com.
bat the claims on the other side Wfthout
actually knowing what would be set OUT.
If the defense established an apex the
plaintiffs would endeavor to prove q
junction of the two veins.
Our line of PROOF VIII be to establish
the identity, continuity and Individuality
Of the Anaconda vein and to snow 70 the
court what separates it from the Colusa-
Parrot vein. 1T is supposed the plairi-
tiff will seek to establish such g general
naturalization Of the country TO snow
that the ground between the Two VEINS
is vein matter forming q zone and Dinu-
ing the " together ana maj nus NE
two veins become one. We contend tnat
it is impossible to how anything ike ?
junction or union Of the w veins
Mr.. Scallon then explained the model.
which he said showed the workings Of
the Never Sweat to the 1,600-foot level.
It did not purport to show h whole ex-
tent BY the Anaconda workings. Tn
red vein represented the Anaconda. the
| yellow the COlusa-ParrOt and the Dlue
| represented a diagonal vein which at the
commencement Of the suit 2 not peen
| developed to any extent, but the true
| character of which has been determined
| since the suit began. Il.
! East from the Never Sweat shaft, said
Mr.. Scallon, the apex Of the Anaconda
vein is practically an outcrop. To the
west it is a blind apex. On the west 1t
comes in contact with the diagonal weir
which cuts it of. This diagonal o. Is
a diagonal fissure extending nOTthNNes,
and southeast of the claims involved II
this controversy. 1t was originally, said
Mr.. Scallon, a fault which cut the Ana
conda vein into two separate veins ~
which he believed the Colusa-P Parrot was
a part.
Mr.. Scallon said it was incumbent <
distinguish between essentials and Incl
dentals. The one essential thing In tn
case Of the defense was that they had al
Anaconda vein, distinct and traceahle
below and beyond to the east n west
which could be followed, mined AM
worked out without encroaching upol
anybody else. That was whatjha believ
ed a miner had the right to do and !
they succeeded In showing that he con
tended that the defendant company wa
entitled to a decision giving 1t possession
Of it's own, incidentally there were othe
features which would be inquired into
1t was not essential. he contenaed. t
show that the Parrot and Anaconda
were originally one vein. u 1t was a
important fact that they had bee
thrown apart and that there is now n
connection between them. The exist
, ence Of the diagonal vein is now place
beyond controversy as both parties hat
since the institution OF the suit worke
up to it. There were other bodies 9
streaks between the two veins but the
: had no bearing, he said, on the point g
issue.