The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-11-23
Heinze's Charts of the
Pennsylvania Show
Just Nothing.
O|ON'T CLAIM ORE
Tower Still on Stand-The
Trial May Drag on a
Month or More.

The contempt hearing which Judge
Clancy is holding IN the Pennsylvania
claim case, IN which lleinlc is plaintiff and
The Boston 4 Montana Mining company
and some nl It's officials are the defendants
and III which the defendants are charged
with contempt, may last TIL Christmas.
The hearing started last Tuesday morn
ing, nearly 4 week ago. The court has al
lowed each side six witnesses, ~ IN all,
and the second witness lett the stand only
Al : 80 o'clock this afternoon. Al the
rate of three days To each witness the trial
will last month longer which is allowing
10 time for the arguments of the lawyers,
or the Thanksgiving vacation aud other
adjournmcnts which the court may order.
Interesting Development.
A very interesting matter was developed
IN the cross examination of George w.
Tower today by Mr. forbis the attorney
for the defendants.
MI Tower Was required to bring in the
hyc cross section maps of the Rarus and
Pennsylvania claims which llcinhc used ut
the Pennsylvania trial TO show where the
one he claimed then, the veins he sued Tor,
were located IN the ground.
These maps were hung mp on the hat
room today ana Mr. Tower was asked
TO look them over and point out, for the
benefit of Judge Clancy, the ore bodies
which Iicin1e is now trying to add to and
include within his enjoincd plane OF veins
which the court set over 10 him.
Not one Of the maps contained n vcs,ige
al those mineral deposits. Not one OF the
maps gave hint that the veins were in
existence, or that lleinzc knew anything
about them at the time Of the pennsyl-
vania case trial.
And, in addition to that, Mr.. Tower
confessed that none OF the old maps con-
tanned any pink lines or other representa-
tions Of the veins in question. The veins
which llenle wants To take now. by virtue
Of his injunction plan then marked out by
the courts, are 50 far south III the Penn
sylyania claim and so remote from the
Rhrus claim, the place where lIciile
apices his veins, thai his craftsmen did not
include them IN the maps originally drawn
for him for the purpose Of showing what
he claimed TO own in the nature Of mineral
deposits in the Pennsylvania ground.
Tower nterrooated.
Mr.. Tower was asked how far south of
the extreme southern ore body shown in
the old maps was the most norrhcrly Of The
ore bodies which lIeinze is trying TO Sc
cure title 10 now by means OF this coa-
tempt proceeding.
lie replied that The nearest Of the new
ore bodies IS 100 feet away, III The south
crn part Of the Pennsylvania claim, and
the iarihesi is between 900 aud 400 feet
away. However, the Johnsown Discovery
vein, now the blanket vein" which goes
down into the earth in the old maps be
IN. nII I.tau,te .pI he
ones, in the new maps is Strengthened mp
and ilaitencd out and sent further south
in order that il may come down over the
tops Of the new veins and catch everything
in The Pennsylvania claim within the east
and wost injunction planes, extended
southward from the south side line Of
the Rarns across the Pennsylvania claim
and beyond the later's south side line.
1t Is a Very Active Vein.
Mr. Tower practically testified that this
vein, upon which llcinzc founds his title
to all the lcdRcs in the ground, has moved
south about $50 feet since the Pennsyi-
vana trial.
Mr.. Tower lcf, the stand at , 80 o'clock
this afternoon, and he was succeeded on
the stand by George II. Robinson, lcinzcs
third expert witness, who was qualifying
as a mining man and expert under the
direct examination Of Mr.. Denny, Heinze's
lawyer, at last accounts.
Tower Again on Stand.
When the case opened in the morning
the resumption Of the cross examination of
Mr.. Tower IIeinze's second expert, who
had been on the stand two or three days
already, took place. Mr. Forbis, who is
the lawyer for the Boston & Montana CONF
.l. Al, 4 ~. Il.
Tower in hand, and began asking him
questions about what the old cross sections
used at the Pennsylvania trial showed.
These cross-scctons were asked for by
Mr.. Forbis on Saturday, and brought to
court and hung up this morning by Mr..
Tower, and his assistants.
The object of the line of testimony
opened by Mr.. Forbis was to discover how
much Of the mineral deposits and the pro-
jectcd and imaginary veins upon the new
cross sections on those maps made for this
hearing, appeared upon those used at the
Pennsylvania trial, at which HeinZes
rights to the ore in the Pennsylvania claim
were limited, the rights which he is en-
deavoring now to extend.
None Of Them.
At the first question, Mr.. Tower ac-
knowledged that none of the old cross
sections, five in number, contained the ore
bodies, or, rather, the pink lines represent
ing imaginary ore bodies, shown in the
new cross-sections.
"Are No. and No. veins shown on
any of the old maps?" Mr.. Forbis asked
NO" Mr. Tower admitted.
Mr.. Tower thought the three pink lines
in the new maps called the "energitc vein'
lContnucd ON Page Nine.s