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


Here the court directed Mr. Zane TO
read his amended crosse complaint in
order that he might understand just
what counsel for the Mammoth wanted.
At the conclusion of the reading Judge
Marioneaux said that the amended
pleading did not in any wise conform TO
the decision of the court. Mr.. Zane Of
fered TO draW it up in such way as
to coufc-m absolutely TO the courts
resires and pending that argument as
10 the admissibility of Any form Of
amended pleading at this time was con-
tinued. Judge c. :. Zane handled the
Mammoth side, C,Afning himself al
most entirely % the citation of authori-
ties on the subject.
When he had finished Judge Dickson
took UP the Grand CentraIs case. His
remarks were tinged with sarcasm at
times that cut keenly and they were
always eloquent. He started out with
the assertion that Judge Zane seemed
incapable Of seeing but one side of The
case He did not think IL would be
proper at this time to discuss the evil
dence. but asked permission of the
court to draw attention TO the past
history Of the case.
History Of Litigation.
TT seems strange" Judge Dickson
went on. that after all the time spent
in the efforts of the Mammoth COM
pguy 20 establish its title TO the ore
bodies in dispute we should now be
here discussing a matter almost entire
ly foreign to that subject In Septem-
Der 1893, we filed our suit ia trespass
against the Mammoth for unlawful in
vasi0n of the SiiVeropolis territory,
asking a judgment for 5000, 900 for ores
extracted and an injunction 10 pre-
vent d continuance of the invasion. To
stay our prosecution the Mammoth an
sWered and filed a cross complaint or
counter claim, setting up an equitable
cause of action by alleging that the
ores under the SilveT0pOls belonged
Go the Mammoth, because i'm lot 50 was
a ledge or lode in place having its apex
wholly within The side lines of lot IS.
In October. 1897 the Mammoth fled an
amended counter claim alleging again
that the apex was wholly within the
side lines of lot IS and extending TO a
point at least 100 feet north of the
south end line of the Silveropolis. A
few days before the first trial another
amended CTOss-cOmplaint was filed, in
which claim was made to new ore
bodies. IL was alleged that the apex
lines of lot 3S and up to a line HOO feet
north Of the south end line of that
claim. On that second amended
counter claim" said the speaker. the
case went to trial All Of the expert
miners and mining experts for the
Mammoth testified that the vein
crossed the south end line of lot 80
and continued. wholly within the side
lines. clear through 10 the north end
line of the location. The Grand Central
introduced testimony showing that at
a point 695 feet north of the south end
line of lot s. or the north side of what
is known as the Cunningham stope
the vein wholly departed from lot IS
and at no point thereafter re-entered
it. Further. the strike of the vein was
I'm such a direction as to carry IL into
/ Grand Central territory, although the
l fact that it departed from the lot IS
at the Cunningham stoDe was suTtl-
Cient and perfect defense to- the cOun-
| ter claim of the Mammoth If" Judge
/ Dickson insisted. the contention of the
Mammoth that the apex extended ia
and beyond the 1O0-foot line in lot 80
failed. its case mast necessarily fail
/ The case was ably argued by the Nam
moth attorneys. hut never once die
from the original location. They con-
. terded that the ore bodies had beer
/ traced i'm their continuity down to thc
/ ore bodies in dispute from the 100-fOO
/ line.
Judge Higgins Decision.
Judge Higgins found that nortl
of the CunninEtOn stope the vein de-
+. parted from lot IS on its strike. The
4 an-rf
leave C. amend. but stood on the case
and their claim Of necessity fell to tn
. ground When Judge Higgins deiiV
cred his opinion said Judge Dickson
findings Of fact were. prepared in &C
cordance Herewith by the attorney
of the Grand Central The attorney
for the Mammoth did not appear. bu
allowed the final decree TO be entered
thus agreeing that the vein departe'
from the lot IS eighty-seven feet sOuU
Of the south end line of the SilverOpO
lis. Your honor granted a new tria
and upon what?" Here Judge Dick
/ son reviewed Judge Marioneaux's rea
son for ordering d rehearing, whicl
was that the first trial judge erred il
refusing 10 allow an expert for tn
Mammoth TO answer a question in re
buttaI that he had already answers
ON examination an chief Continuing
he deplored the fact that the case. ha
been reopened. calling attention TO IN
enormous additional expense involved
and saying that $4,000 would hardl
cover il.
After the new trial had been grant
T., ed in April. 1901, Judge Dickson wen
on. warming TO his subject "Octobe
came and your honor expressed a de
10 ia
very frankly our objections TO YOU
, honor trying the case. on the groun
that in reading the evidence, whic
{ YOU must have done In order TO reac
: an Intelligent conclusion, You natU
ally imbibed some opinion. and there
: fore YOU could not try AZ case impal
g. TALLY. Our friends on the other sid
, objected to the case beng heard b
any other Judge than yourself, an
81 your honor agreed 20 call in an advi:
I . OTy Jury. saying that its verdict wOul
Z have a potent influence in determinin
q Your conclusions" Here Colonel Picl
{ EFT and John ". Zane denied that II
- court had said any such thing. ar
K Judge Dickson said il was possib
e. that he might be mistaken.
The Mammoth Apex
He then called attention to the Ia
4 amended CroSs-COmplaint Of the Man
} moth in which MIR Mcintyre sw0
r. that additional work had been do
" sine. the former trial which euabl
him 10 fix with absolute certainty @
Q apex as being i'm lot s.. north of q
% llu0-fooJ line 20 the ], -g0-foot lir
10 Again the trial was had. said Jud
e Dickson. and again the Mamm0
- sr~arrro77eIy- enrraUfa7 thar the allag
t ti1ns Of its last counter claim we
correct The attorneys on the 9th
% side chung % this theory in their arg
BE- ments. II never occurred TO them IN
a their ease had not been made OF
r Thcy would not admit il was possil
q that the apex was NOS i'm Tot Is. Aft
% week vf argument the case went
be- The jury and its members decided "a
IF the Mammoth again was wrong III
r. the apsN departed from lot s. il
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