The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1903-07-25
Defendants Expert Wit
ness in Nipper Case
Remains Firm.
SURE Or HIS GROUND
Severe CroSS-EXamination
Cannot Bring Out
Any Flaws.

Nv W -
In the Nipper case today the fifth cx-
pert witness for the defendants, Mr.. Finch,
was on the stand, being subjected TO a
cross examination by Attorney Cottcr for
the plaintiffs, but the lleinzc lawyer sue
ccedcd in affecting the evidence Of the
witness not at all
lie cndoavored to secure an admission
from Mr.. Finch that there were apices in
railroad cuts at the south side line OF the
Little Nina claim, south of where the
apiccs OF the Blue vein and the Aplitc
VEN are placed in the model of the defend
ants and their plan map.
Cannot Be Shaken.
But Mr. Finch positively testified the
apices are just where the model and the
map place them. and nowhere else. He
could not be shaken in the least
When the case opened this morning the
lawyer began fishing about with questions
ON various subjects.
Are any of the shafts in the itigated
ground being used for the purpose of hoist
ing ef" the lawyer asked.
Il don't know much about that part Of
the case" the witness replied.
We'll, the Neversweat shaft is being
used. isn't II"
YES"
How far north of the shaft is the apex
OF the Blue veinf"
Il can't say"
Well Mr. Finch. going back TO the lit
tie shaft in the Nipper here near the
north line, how deep is III"
About Is or 20 feet"
Crosscut Going North.
There is a crosscut going back uortl,
from that is there not?'
"Ycs"
How far can the vein be seen in that ?"
N few feet"
How far south does the vein extend
from this small shaft I"
About six or seven feet"
Doesn't the vein exist 20 feet TO the
south :"
81 don't understand"
well, doesn't the vein show south of
the drfti"
Yes; and III say furthermore that ss
feet to the northeast Of the shaft we find
characteristic crack of that vein" the
witness replied:
How many Of those cracks have you
fondi"
"A good many are found in dinercn,
places"
do you mean to say that these cracks
are the only characteristic OF this vein!"
u did not say that"
What did you say?"
Calls Them Characteristic.
i said they were characteristic, but |
did not say they were the sole character
istic"
What workings of the Blue vein are
there below this crack above the 600 level
OF the Little Minai"
"Thc Blue X drift"
"Are there cracks along the workings
Of the Anacondai"
"Yes"
Then Mr.. Cotter produced a map of the
district near the small shaft which the
witness had been questioned about. The
map was supposed to represent the crack
OF the Blue vein on the surface, and the
vein in the earth below.
"Will you tell us if that is a correct
representation Of the conditions in this
neighborhood Mr.. Cottcr said.
81 will scale the map and then perhaps
may be able to answer as to that" the
witness replied.
Scales the Map.
lie sealed the map, and then said with
emphasis:
NO. sir; that doesn't represent the con.
ditions at all"
Mr. Cotter abandoned the map then
and undertook to show by the witness that
there is crack on the surface Of the
ground south of where the aplte vein apex
is represented on the defendants plan map
and model. but he failed
He located a railroad cut in the vicinity
and said to Mr.. Finch:
rs there not an apex showing in the
bottom Of this railroad cut?"
mo" the witness replied.
"Where is it, theni'
Fifty or 90 feet north Of there, Just as
is represented on the map" was the re.
ply.
you know the point. Can't you fix il
definitely on the map" said Mr.. Cotter.
The witness replied:
II will fix it definitely" and marked the
exact place OF the apex in question on the
map.
you've got it here in line with your
Aplite vein," commented the lawyer.
Apex Of the Aplite Vein.
"Yes and it is the apex of the Aplte
vein" the witness returned.
Then the lawyer went west and south on
the map, and asked il there is not an apex
there.
"No; not at that point" returned Mr..
Finch.
"Do you find any apex there?"
mo; | note the apex OF the Blue vein
near there, and do not find anything
else"
The lawyer went into the question here
of the time Mr.. Finch had spent In
CONTINUED on Page Ski