The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-03-12

that question Of fact might be submit
ted 90 thu jury. He could see. though,
why they f0rb0re to take the action.
1t was because they would have been
made ridiculous in the eyes of the court
ana of the jury IL they had presented
two claims which We're utterly ire
cOncilable. They could not in one
breath say the vein apeXed in the lot
50 and in the next breath say It apexed
in the Golden Hing and Bradley.
Instead Of doing that they said:
Wen gamble on loJ IS and contend to
the bitter end that the apex IL there,
and wen take our chances with the
court and jury on that. IF the jury
finds the apex in lot IS, all right. on
the other hand. If we lose on this east
of the die and the court cOncurs, we'll
ask the court TO give US leave to amend
our cross-complaint and nix the apex
in the Bradley and Golden King, ] ask
your honor If you think that viii be
in furtheTance Of justice Had they
pleaded two separate titles they must
have met with inevitable defeat Is
it just to allow them TO hold back a
possible contingency? To permit that
to be done would be a travesty upon
justice, although l concede it would be
in the interest Of the Mammoth COM
pany.
Apex Slid Down Hill
What a wonderful apex this is.
said Judge Dickson, with smiling sar-
Casm, and what vicissitudes it has
gone through since the litigation began.
From November 1900, it grew until It
was more than twice as big in 1901
IL was all inside the side lines Of lot
80 in 1900, but in 1901 this beautiful
vein crosses the south end line Of lot
IS and goes TO the north end line, and
it is nov $50 feet wide. All the experts
maintain there can be no mistake
about IT, Now having twice tied them
selves to lot IS, and being twice de
feated, they say we want to amend
again. Since 1901 this apex has slipped
down the hillside TO the west. Now we
say there is no part of it in lot s.
If this claim is diSallOWed they'll slide
down yet 10 the Silveropolis.
This ought not TO be called the
Mammoth vein, but McIntyre's newly
patented flexible apex, warranted to
be found anywhere il may be needed
and to run in any direction desired
First they wanted it i'm lot IS, and
there il was. In November, 1901, they
didn't want it all in lot 80. Then they
got on the hin and spread it out from
200 TO $50 feet Having taken it hard
and the decision being against him,
Mr.. Mcintyre goes up and slides the
apex down the guich somewhere else.
Now he says the apex is 695 feet north
Of the south end line C lot IS, and not
in lot IS at all. I SUPPOSE if we have
new trial their witnesses viii all
swear to the apex in the Golden King
Why don't you offer a reward? Why
don't you put notice in the papers
advertising for a lost apex. or asking
information as to where you can ind
an apex with which to deprive a
neighbor of his property?
Isn't it true that by the verdict of
the jury. concurred in by your honor.
we are entitled to have that cross
complaint and counter claim dismissed
Your opinion directs that. But your
! honor has said that in your judgment
notwithstanding the fact that the vein
leaves lot IS 695 feet north Of the south
! end line it traverses the Golden King
and Bradley If they want to amend
[ their pleadjngs so as TO conform with
your hOnor's view. they viii have 70
/ take that position. But viii that be
+ justice? Nay they blow With the same
/ breath hot and cold, and thereby o.
prive the Grand Central to thai u
which it is entitled, namely, dismis-
50 -