The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-03-12
WARM TALKS
IN MINE SUIT
Attorneys in Case at NePhI Use
Spirited language
e,uF LIVELY EXCHANGES
--ovsov REFERS TO A PATENT
APEX.
s1aE LIVELY EXCHANGES


r=re-IaI 10 The He.alcJ
t-rp4r Utah. March ll.-Arguments
-r4 motion of the Mammoth
~ r-rrarv ta amend It's cross-eonl-
.-... I'm order To- make il conform -
..-.-zrre and lne opinion Of u
'.-. r.sra begun before Judge MdiloI-
a4.x this morning -.,a .,..-
.ffar1lu judge a.. b. zane Haa ~
r.- -r. Mammoth. Judge N, H.
r-Ess.a for Inc Grand central ana d ullil
=, J.r. WAS fu the midst Of another
s-rrm-ur for the Mcintyre company.
o., v.-. r..u tomorrow be followed py
rr5ra Ii. T. Henderson for the Hiahd
.rs.rtH and Colonel Pickett VIII con-
-.-.s for the Mammoth
NE talks today were extremely aiie
-r interesting Al times there were
-.-fra4 controversies between the at
.5--avs haf .he- never became bitter
,,.t--qr tho several gentlemen spoke
e. ..fr5s with refreshing caudor.
r-+-. Dickson had not finished his TAX
-.ra- fba noon recess was ordered oh
.t. Assembling of court me took up
.E. r1u governing tho question or eN-
collateral rights. bis purpose oelng TO
LENT the Mammoth from using the
non ,rH line of the SilverOpols eN-
ended as one Iine on q plane IN Whlch
e.. work into disputed ore bodies. In
+tfs connection Judge Dickson ciJed
fsr.zfaus of the supreme court ana cir
-,.. -arrrs rf the United States IN
srrrort OF his theory that where the
srsy Of a vein passes from one claim
p, another the owners OF h2th claims
.sr only work it in a zone formed by
rersr1ar extensions of their enC lines,
and that the end lines mus be parallel
in the beginning.
.1fust another fortune be expended
fl, am effort 90 defend the title to these
o-s boFfasg" asked Judge Dickson.
Justice must. Of course, take cognl-
yarrs of the rights Of all parties, ana
n these people have lost rights, when
thew did. I'm fact. they have no one TO
rrama for IL but themselves. They
have been represented by experts OF
ahrirv and by counsel of learning and
ability. They need no guardian TO pro-
feet their rights If they have lost IN
these two years otUtigstion, their right
iz 10 be left by the court IN the place
I'm which they have walked.
Lawsuit MOI z GatuDle-
Following Judge Dickson. EIr. Zane
couteHded that the Grand Central at
tarney. entirely misunderstood the sit
uati0n. The fundamental defect IN
Judge nicks0u's argument. said he,
els that he likens a lawsuit TO wager
@ horse race. or perhaps "a game of
faro. 10 IS am idea that has been gen
Grated perhaps by the gambling that
has been permitted i'm the west. The
object of the law is TO give equal and
exact Justice 90 ALL The court has said
that To- a proper proceeding the Nam
moth company is entitled to recover all
the ore so drawn 1S5 feet north of the
SHrerop1Is end line What is the ar
ument Of the counsel on the other
s5ec Simply this. That because of q
mere teehuicaIty after your honor has
said V- are entitled To recover we
should be- turned out of court and moi
allowed to- recover
He said that under the amended
c1untar-c,aim the Mammoth company
could rot recover much any way. and
that being the case we should n0I re-
cover anything
Continuing. Mr.. Zane took up JudEt
n.cks1ns citations ans insisted tha
his 0ppone-t was very much mistaken
as 90 their purport He was arguins
along this line when a recess until TO
morrow morning al 10 o'clock wa
taken
Al the opening Of court Judge Hen
dsrson ON behalf of ,Ee Grand Central
presented the findings prepared in ac
eor5auce with the opinion of the cOur
CiSmissinE the crosS-compiaint OF tn
Mammoth with costs 90 the Grand Cen
tal
We desire at this time 10 draw at
tsnuor said John N. zane. TO on
application 90 amend our c0unte
claim
We would like TO know" iuterpose
Judge Dickson. whether the amend
msDt 20 the cross-cCmplaint OF couute
claim Is rendered as a pleading TO con
form Go the proofs I'm the case"
Judge Zane's Argument,
Yes that is the point replied Judp
4. $. Zane and after Judge Dickso
Bad asked chat the record show tina
MS course was To- be pursued. Judg
I'm. began bis argument I'm favor O
s-Wtrl- the amended pleading. w
make This motion to amend our cour
.-E claim $50 that it may conform {
NE Hreot as your honor has found it,
a >-.a. ,.EL-luiUE. DE briefly I'd
Viewed the history of the rirfeatio1 I'm
me opinion ut The court at the la,
Trial. he said # The proof res sh1,,
..at 'aH apex did not wholly depar
-..u .nt s.. lla original Mammoth 2,
. -. a1E point the wEoe ape