The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-11-20
Charts Submitted Fail to
Show Workings Said
to Be Worked.
MANY ARE IMAGINARY
Places Where Injunction
Is Said to Be Violated
Not Set Down.

An extraordinary situation was devel-
oped today in the Pennsylvania case con-
tempt matter on trial in Judge Clancy's
court in which Heinze charged the Bos-
ton Montana company with violating the
injunction order in the suit.
Witness ]. II. Trerise, Heinze's first ex-
pert, and the Heinze maps, put in evidence
for the purpose of proving Heinze's con-
tention, developed the remarkable situa-
ton. Together they revealed some pc
culiar discrepancies between the charges
and the proof, and also rather extraor-
dinary methods Of connecting one with the
other.
The Specific Charge.
The Boston & Montana company is
charged with violating the injunction by
working the veins which Hcinze claims
the injunction gave to him. The maps
were introduced in evidence and hung up
on easels, so Trerise and his fellow wit
nesses might testify, by means OF them,
as to where the Boston & Montana com
pany has been working in violation OF the
injunction.
Yet, while Mr.. Trerise was giving evil
dence today. he was compelled to admit
that both of the cross section maps, the
principal maps before the court, there
being no other cross-sections and orlv one
plane map, which merely showed the
levels in the mine, omitted to show any
of the workings Of the Boston < Montana
company upon which the contempt action
is based
Neither Show It.
Neither OF the maps showed where the
Boston x Montana company had worked
Al -. IL a1a...
Heinze to be within the enjoned plane
set over to him, nor III that respect laid
before the court the underground situ-
alton SO he might Judge for himself
whether the ore bodies thus worked are
included within the injunction lines or
not.
Another extraordinary situation was re-
vealed when Mr.. Trerise, after acknowl-
edging the failure of the two cross-sections
to show the places of the alleged viola
tions OF the injunction, put still another
cross-section in evidence to remedy the
defects Of the first.
When he had told what the new cross
section was intended to represent, and
that it was supposed to show the contents
of the Pennsylvania claim in a cut right
across where the Boston & Montana COM
pany had been working-show the lodges
and the workings cut north and south--it
was developed that nearly all Of the lines
OH the map, which pretended to show
workings carried down through the earth
on veins, were mere imaginary drawings.
Merely Imaginary.
Mr.. Trerse confessed that in one case
there were projections between three
points which were 3e5 feet in length that
the lines on the map did not show any
openings in the ground, but mere magi-
nary connections projected through the
earth from one point to another, and
touching bit Of ore developed here and
another bit developed there These points
were 100 feet and Ia5 feet apart.
When the case opened this morning the
cross-examination of j. II. Trerse,
Heinze's first expert witness, was resumed
by Mr. Forbs.
"Did you look at your map last night"
Mr. Forbs asked.
"Ycs, SIR the witness replied.
Did you look at your map to sec how
far you had run south with the crosscut
Oh the 700 levcl?"
1T runs south about 100 fect.s
ut is southwest, isn't it,"
"Yes."
"The fifth floor is south of the extreme
Pennsylvania mine prior to the trial of
the case?"
"Yes."
What workings are there on No.
vein?'
Il think the upraise some distance above
our 700 level is on the streak called the
No. vein by the Pennsylvania people"
What distance is it actually stoped?"
the lawyer asked.
II think close to the 700 level" the wit
ness replied.
"FIas it ever been stopped below the
lower transverse fssurc?"
II think not"
lll ask you if it doesn't disappear at
the fssure?"
Il think not" said Trerise,
The purpose Of this cross-cxaminstion
was to test the witness knowledge of the
vein which the plaintiff says exists all the
way down from the surface of the Rarus
to the 1900 level of the Pennsylvania, and
the locality in the earth here under discus
sion was at the 700 level of the Pennsyl-
Vana mine.
The witness showed good deal of un-
certainty about what kind of vein ex-
listed at this point, ard about just where it
was and what its dimensions were.
He thought he could trace the vein
above the hssnre and he was sure it ex-
listed further Yves: than the exact point the
lawyer wanted to know about.
The witness could not trace the vein I'D
from below to the cross fssure at this
point. The fssure in question was the
east fissurc The witness could not trace
the vein west Of the fssure. The witness
said the stope called the stul stcpe follows
. vein.
(snntsn ID d.,