The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-03-13
lsneciaI to The Hsraldl

Nephi, Utah. March 12-From the
jaws Of apparent defeat. the Grand
Central Mining company snatched a
victory this morning All through the
arguments on both sides of the Mann
moths motion to amend its plladings
TO conform with the courts findings
that the apex Of the vein which leads
TO the disputed Gre bodies is I'm the
Golden King and Bradley claims of the
Mammoth. questions asked by the court
led 20 the inference that his decision
would be in favor Of the older COM
pany. When. therefore he announced
that ne did not care to listen To Judge
Henderson for the Grand Central IL
was the first intimati0n that leave to
amend would be denied. Colonel Pickett
spoke briefly after John 81. Zane aud
then Judge MarioneauA verbally an
nounced his decision
He briefly reviewed the history Of
the case. saying that the cost involved
in the trials. on which counsel had laid
so much stress. could have no effect on
him. The court would try a case in
voiyinE a titne as much as the Grand
Embellishments litigation with just
as much care as he would try that Tt
was the business Of the court To ad-
minister equal and exact justice. with
out taking anything else into account.
Judge MarioneauE said lac did not be-
Iieve Justice would be done If the Nam
moth at this time was permitted to
amend its counter claim. He, there
tore. ordered the motion dismissed.
Findings Not Yet Signed.
in the afternoon Judge Henderson,
acting for the Grand Central, submit
ted findings in accordance with the
verdict of the jury and conquered IN by
the court. They were, briefly, that the
counter claim of the Mammoth was not
supported by the evidence, and that lt
be dismissed with costs to the plaintlh.
John NJ. Zane opposed the signing Of
the findings by the court. alleging that
they did not conform TO the verdict OF
the jury and the opinion of the judge.
Mr.. zane also urged that the case
should be dismissed without prejudice
to the Mammoth's future cause of ac-
ton and not absolutely. The court did
not sign the findings before the ad-
journment but there is no doubt that
he will affix his signature. to them
The effect OF the decision is to bar
the Mammoth from claiming any of the
ore bodies in dispute ny reason of an
apex alleged to be ia lot IS. the OT!s-
ina tsetitsb- Atssanegs fpr, tee Grand
Central felt very much graufied over
the victory. but John H. Zane did not
seem disturbed. We viii file a new
cross complaint" said he. "and reopen
the entire case. One thing is certain,
further. That is. that the Grand Cen
trail cannot hope to secure judgment
against US for the 100000 sued for as
the value of ore extracted from its Sill
veropolis claim The fact that the apex
is in the Golden King and Bradley
gives Us all that ore and viii prove a
perfect defense to the suit in trespass- ~
M. Zane's Argument.
At the opening Of court John NJ. Zane
resumed his argument against Judge
picksuu's contention that cases de-
cided by the United States court make
il impossible for mining companies to
follow veins apexing i'm their claims un-
less thew follow them i'm planes par
allel with their end lines. He con-