The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-01-28
ARGUMENTS IN
BIG MINING SUIT
Colonel H. [. Pickett Opens for
the Mammoth Company.
SAYS JENNEY Is VISIONARY
THE JUDGES INSTRUCTIONS TO
THE JURY.
SAYS JENNEY is VISIONARY
Especial to The Herald.)

Especial to The Herald)
Nephi, Utah. Jan. 27.-After reading
his charge to the jury, which seemed to
be quite satisfactory TO both sides, the
court after considerable discussion
fixed the order of the arguments as fol-
lows:
First, the Mammoth should open with
one argument from one counsel, then
one from the Grand Central, then one
again for the Mammoth, then two for
the Grand Central, and then the Nam
moth to close with one.
Colonel H. L. Pickett thereupOn
opened for the Mammoth. He began
by telling the jury of their duties,
which was TO advise and enlighten
the conscience of the court, but that
the court would not be bound by their
decision. They were simply advisory.
he said, and likened their position and
relation to the court with the cabinet
Of the president of the United States.
Colonel Pickett then, referring to the
origin of the controversy, said that Ed
Loose, about five years ago, being in
the confidence Of the Mammoth, went
into the Mammoth mine and noted the
way in which the ore of this mine was
INNING ~ btAN NNeNs AAAcAA tlA[A u ktHAA
Mr.. Loose purchased the adjoining
claims in the direction in what the ore
of the Mammoth was dipping. and
decided them to the Grand Central.
The Grand Central sank a shaft 500
feet deep on the Christopher Columbus
and drove four drifts as straight as
they could for the big ore bodies Of the
Mammoth on the SEQ level.
Ore is Struck.
In the fourth drift they struck it in
the Betsy stOpe, after drifting in the
aggregate 1,4O0 feet through barren
limestone.
The colonel said in all candOr he did
not believe that experts knew much
more about veins and ore formation
than other men: and he ridiculed as
an extravaganza Professor Jenney's de-
scriptiOn of how the veins in question
were formed, by a great stream of
Undertaking solutions coming up from
the south and meeting another similar
stream from the north, where con-
fiict ensued between these streams from
the south and north in the neighbOr-
hood of the Cunningham stOpe, and
that the north stream ''OVerpOWered,
mastered and captured the streams"
from the south and drove them back in
the great line of Slopes in dispute, and
there deposited the minerals which
made those Slopes valuable.
Such graphic descriptions of geo
logical battle that occurred over 200, 600
years ago characterized Professor
Jenney as visionary genius that would
put Jules Verne in the shade. Colonel
Pickett then took up details of the evil
dence.
Instructions to Jury.
Judge MariOneaux's instructions to
the jury were most comprehensive and
quite lengthy, not more than half OF il
appearing in this article. Enough of
it has been retained, however, to give
the reader a fair idea of its scope, as
follows:
Gentlemen of the Jury-The Nam
moth Mining company contends that
within planes drawn downward
through the south end line of the Sill
veropOlis lode mining claim extended
across lot 80, and the 1,100-foOt line
crossing said lot, and the side lines Of
the First Northern Extension of the
Mammoth lode mining claim lot No. 81,
extended downward in their own direc-
ton vertically, there is the top, or apex,
OF vein lode or ledge, which courses
or takes its way through the country
IN a direction approximately parallel
TO the side lines of said lot IS: but
that such vein, lode or ledge in its
course downward into the earth so far
departs from the vertical as to extend
to and include the ore bodies in the
SilverOpolis and Consort claims be-
tween planes extended downward YER
tically through the 1,100-foot line. and
the south end line of the Silveropolis
claim.
The Grand Central Mining company
comedies that within the southern lin
its of the First Northern Extension of
the Mammoth lode mining claim. lot
No Sc, there is a vein. lode or ledge
which has its top or apex within YER
teal planes drawn downward through
the side lines of said claim; but it
contends that the said vein, lode or
ledge, in its course northward. passes
out of the vertical planes drawn down
ward through the side lines of the Sill
veropOlis mining claim prolonged east
ward; that from thence the said vein.
lode or ledge proceeds on its course or
strike nOTthWesterly, and that the ore
bodies under the SilverOpolis and Con-
sort claims cannot be reached by fol-
lowing down on it's dip a vein which
has its apex within the planes claimed
by the Mammoth company. as here
tofoTe stated.
Position of Ore Bodies.
1T will be perceived from the fore
going that It is agreed between the
contending parties mat the ore
bodies under the Silveropolis and Con
sort claims. between the planes hereto
fore mentioned. are within the vein.
lode or ledge which is found apexing
in the southerly part Of lot 80, but the
controversy arises out Of the conflict
ing veins of the parties as TO the Ioca-
ton Of the apex and strike of the vein
north of the Cunningham stone. The
Mammoth company contends that pre-
ceeding from the point L TO the point
T shown on plaintiffs exhibit u YOU
so along upon the dip Of the vein:
whereas the Grand Central Mining
company insists that it is along the
strike of the vein"