The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-07-28
Noted Biologists Evi-
dence Given Long Ago
Is Read in Case.
OEFENSEMAKESPO|N7
James Higgins, Superin-
tendent of Mines, on
the Stand.

'he eNu'nte LOT tnc uticnSe III tne
Nippcr trial is almost in, and that side Of
the ease is being cleaned up
The forenoon today was given over to
the reading of the evidence of Professor
Shaler at the Colusa Parrot trial in this
city three years ago.
Professor Shalcr had good deal TO
say about the Blue vein, which the de-
PENDANTS ia this case contend runs through
the Nipper claim and crosses lis side
lines.
Coroborates the Experts.
The evidence of Professor Shaler. read
this morning, was in eorroboralion of
that given by the five expert witnesses
for the defendant
Professor Shalcr. one OF the most
learned men and most eminent Rcolopisis
in the country, was of the opinion. ac-
cording TO his evidence. that the vein in
the Nipper claim is none other than the
Blue y formation.
This afternoon James Higgins. super
intcndent OF the Bell and Diamond prop
critics of the Anaconda company, aud a
miner for lS years was on the stand
t"siiiyinR To samples he had taken from
the so-called Nippcr apes DRIFT and the
Blue vein apex drift.
Takes Out Samples.
Mr.. Higgins said he had taken samples
from lIcinlc's apex driit from a seam
there and from the granite wills.
His opinion was that the whole drilt was
granite, hut he took samples from the
scam in il nevertheless. the seam being
softer than the walls.
When court opened this morning At
torney Denny for the defendants an
nounced that Judge Mediation. one of his
associate counsel, would not be present
during the days session. because of the
illness of Attorney John w Cottcr, the
other associate counsel. therefore Mr..
Danny conducted the plaintiffs side Of
the case alone.
To Strike Out.
When the afternoon session opened Mr..
Denny made a motion 10 strike out all the
testimony of Mr.. Shaler read TO the
court. except those portions which related
directly 10 the evidence put in by The
plaintiffs IN the case. The court ovcrrulcd
the notion and the lawyer took an ex-
cepiion.
When Mr.. Higgins was called Governor
Thomas said
Are you familiar with the Nipper and
the Blue \ vein surface drifts Mr.. llig.
Rins"
Yes" the witness replied.
Goes Through the Drifts.
The witness then testified that he had
gone through the drifts and sampled both
OF them at regular distances in their
courses on July ~ and IS.
In what way did you sample them ?"
the lawyer asked
Il went through from one end of the
Nippcr drift to the other, beginning at
the west end, and sampled the material
OF the drift every IS feet" the witness
replied.
How far east did you carry the
sampingi"
ITO the winzc east Of No. shaft"
How many samples did you gets"
Il got 49,"
The witness said he went down the
east Little Nina shaft and went east from
there along the openings to the Anaconda
raise sampling the Blue drift. lie gave
the samples to Mr.. Roman, the assayer
for the Parrot company. He was two
days at the work.
Full Charge Of Work.
Mr.. Denny cross examined the witness,
and learned that he had full charge of all
the underground work for the Diamond
and Bell mines. He had gone through the
Nippcr soIcaled apex drift by means Of
a map.
What did you find in the west end of
the driits" the lawyer asked.
Granite" was the reply.
What part OF the drift did you SAM
ple"
"1hc north wall"
How many samples did you get along
there?"
About 8 or TO-"
What was the purpose of the samp-
ling1"
For this suit | suppose
Forty Pounds of Rock.
lie said he got about 20 pounds Of rock
in the first rs feet Of the drift, and that
he took the samples right along the streak
in the drift the best he could.
Where the streak crossed from the hang
ing to the footwall he followed it, taking
about five samples from the solid granite
Continued on Page Four)