The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-03-13
GRAND CENTRAL WINS
SUIT AGAINST MAMMOTH
Judge Marioneaux Blasts Hopes of the Mcintyre
Forces at Nephi.
Stirred by John Zane the Court Charges Judge Dickson With
Contempt But Dsmsses the Inquiry

tinued on this lire for some time. and
said. in conclusion.
In this case some snimadversl0ns
have been made on our counter claim
as now drawn. This counter claim IS
i'm exact accord with the opinion of the
court And basing our counter claim
on that fact We ask your honor TO al
low the amendment. We are entitled
to the ore bodies between a plane
drawn vertically through the north end
line of the Jenkins and vertically
through a point IS5 feet north of the
south end line of the Silveropolis ex-
tended and parallel thereto. We ask
for a Judgment on our counter claim
and that the adverse claims of the
plaintiff be adiUdged invalid There is
no doubt about this amendment being
the exact one that should be made To
conform to the proof in this case, and
in speaking Of the proof 7 mean proof
as defined by the court and the proo2
as we accept it." Here Mr.. Zane pro-
posed to go into the history Of the
case. but the court suggested that It
would not be necessary for him To
do so.
III. IN the judgment Of the court"
said Judge Marioneaux. you are en-
titled to this motion. it win be allowed.
If. in the Judgment Of the court. yGu
are not entitled TO it, it viii not De
allowed. The past history of the case
can have no effect upon It.
Referred to Previous Decision.
Then Mr.. zane took mp the question
as to whether OF not his. proposition to
amend was just. He said the other
side admitted that amendments should
be admitted when the ends of Justice
hi nfFnI
numerous decisions in support Of his
contention. 1T has been contended,
said he. that the distinguished jul
dicial officer who preceded your honor
gave a perfectly just decision. Instead
of that. he made a most extraordinary
ruling. a ruling that has no parallel
in the history OF Jurisprudence That
1 is. he decided that a vein going down
az an angle of 90 degree is going down
on its strike
Continuing, Mr.. Zane referred to the
voluminous testimony offered in the
two trials and asked if it would be
possible for any further evidence to
be brought forward
I'VE went int this case in the ut
most good faith Ia regard to the apex
Mr.. zane added. we believed as our
experts testified. that while that apex
where il was found in lot So was not
strongly miueJaHze0 yet I'm ac-
cordance with the testimony OF
those witnesses, the mineraliza-
ton which did exist there was
sufficient to make a continuation Of
the vein UP to the surface and suffi-
cient to constitute an apex. Your honor
has gone all over that evidence and
has said that the apex does not come
I'D that far. Now. all that remains TO
be done and all that can be done, un-
less the Mammoth Mining company is
to be turned out Of court. unless this
property is turned over to it, unless
we are to be ordered to file a new
counter claim and have all this tried
over again. is for your honor to allow
us to file this amendment.
Judge Henderson was to have talked
next. but as the court did not wish to
hear him, Colonel Pickett made a few
remarks. and then the decision was
handed down.