Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-03

been reached. over n year ago, Judge
Higgins found for the Grand Central
but before the referee had acted, Judge
MnrloneauX granted q new trial on lho
application OF the Mammoth to oter
testimony In rcbultal,
In brief the jury found that the apex
OF the Mammoth lode lett The west hide-
line of the Mammoth claim south OF lhe
southern limits Of the dilvoropolls,
which dopriyes the Mammoth or lts
cxtralateral rights north Of that point,
and that the apex OF the GRIND Central
vein ~ In Grand Central ground
The members OF the jury were eRch
given q wrlttet slip ON which the fol'
lowing questions were prOpounded.
The answers given by the members OF
the hurry arc also recorded.
Issue No l--First How far northefly
does the top or apex on 0ny part OF
the TOP Or apex Of the said vein OF lode
on llg course or strike extend I'M SAID
lot 49, towards the il0O.loot line3
Answer North end Of the Cunningham
stone. where ID leaves the west Ade llhe
Of the lot 81
second-, noes II or does 1t not extend
M 10 said /, 100-foot llue3 Answer. NO
Third ~ you say that II does not eX-
tend up 10 said ll00-foot line, then does
lt wholly depart on IT'S course on STRIKE
from the limits OF said lot 36 before
reaching said ,lOO-fo0t llne2 Answer
Yes
Fourth IN Il does wholly depart from
said lot IS ON rs course on strike be.
fore reaching said ll0O-foot line, az
what point does said vein or lode de-
mart on ia course or strike from said
lot Wq Answer. Where the Cunning
ham stone leaves the west Side line OF
lot IS In lts northwesterly course
Issue NO 2-poes the apex OF the
lode or any part thereof, when y con
ceded by both parties to exist In the
south END OF lot SS, continue In said
lot 3S TO the north of the s0utherly end
line OF the sllveropolis extended east
ward In It's own direction to ana across
lot 3s2 Answer No.
Issue No Sis there within the sur
face limits OF United states lot 49,
and between the southerly end lire Of
the Snveropolis mining claim extended
eastward In its own direction across
gaid lot SS and south Of the l,l0O.foot
line mentioned In the evidence any
part Of the apex Of any vein, lode or
lodge2 Answer No,
Issue No. Ais there found within
the limits Of United states lot IS, and
north OF the southerly end line Of the
SiyeropolIs mining claim extended
eastward IN It's own direction to and
across said United states lot 30, aud
south OF the 100 foot line, any part Of
the apex Of any vein, lode or ledge
which vein, lode or ledge on It's dip eX-
tends TO and includes the ore bodies
known to exist beneath the surface Of
the Silyeropolls and Consort mining
claims; and south Of where said llOO-
foot line crosses said Silyeropolls and
Consort mining claims2 Answer. No.
Issue No, 5--Do the ore bodl1s lying
and being within the boundaries OF the
SlyerOpOlls and Consort mining claims,
and southerly OF a plane drawn through
the l,,l0O-foot line on lot IS extended
westerly In It's own direction, belong to,
or are they part OF any vein, lode or
ledge that has It's apex or any part Of
It's apex In the First Northern Extern
sion Of the Mammoth lot So, and con-
nected with such apex within said claim
ON It's dip? Answer, No
Issue No. 6-Does the apex Of the lode
or vein, or any part thereof, which Is
conceded by both parties TO exist In the
south END Of the First Northern Extern
sion Of the Mammoth lot 49, continue in
said lot IS 10 the north of a line fixed
BY extending the southerly end line Of
the Sllyer0polis eastward to and across
said lot 3s? Answer; No.
The case has been long drawn out
and has been fought at every point by
the best mining attorneys Of the West.
The Grand Central was Represented by
W II Dickson, Brown ~ Henderson,
and A. G. ELLIS Ir; the Mammoth by
John N Zane, Judge Zane ana Col II.
J.. Pickett
The verdict Of the Jury having been
arrived at the question to which an
answer Is eagerly awaited Is what viii
the opinion Of Judge Marioneaux con-
taln2 II In feared that other questions
may come up through Il that may lead
to further litigation and delay in settle
u1gnI