Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-03-04
SUPREME COURT DECISION.
Continued from second page

the surface from the point where it
crosses the sidelines of the Canyon
Claim about 500 feet north of the SOU
therly end line Of said claim through
said mining claim northerly in is
course from said point about 1000
feet, where it passes through the
north end line of said Mining Claim.
The evidence shows without any
conflict, the matter having been tes-
titled to by practically all of the
plaintiffs witnesses, and great num-
Der of the defendants witnesses, that
the ore body from where it apexes On
the surface of the Canyon Mining
claim can be followed in drifts, tun-
nels, and inclines clear to the point
where the ore in dispute was taken
out, and that three different routes
can be followed all in ore from the sur
face Of the Canyon claim to the point
where the ere in dispute was taken
out
The evidence shows conclusive!y
Tie CONTINUITY VI lliC NOiii III 'AAS oheA'
yon ground from the apex on the sur
face to the pc1nt where the ore was
extracted by the defendants Murphy
and Beyers.
'This proposition was practically
admitted by the defendants and their
witnesses upon the trial of the case.
THE defences made by the defenl-
ants in this action were three in num-
Der, and, in the judgment of the court,
absolutely antagonistical one to the
other. One contention was that run
ming in a northerly direction there ex-
listed a lode the apex of which was
wider than both claims. Another de-
Tense was that the vein testified to
by the plaintiffs witnesses, as existing
within the lines of the Canyon claim,
split at a point near the northerly
end line of the Canyon claim, por
the northerly end line Of the Canyon
claim, the other passing through the
side line of the Canyon claim, into and
across the Table Mountain claim, and
that the ore in dispute was extracted
from that portion of the split vein
after it passed the sideline of the
Canyon claim into the Table Noun
tain claim. The other defense was
that the strike of the vein was across
the Table Mountain and Canyon
ground.
witnesses Of defendants testified
in support of each one Of these theor-
les =
ct is undoubtedly true that the sur
face of that portion of the Canyon
Mining claim on the slope of the hill
below the apex of the Canyon vein,
and the surface of the Table Noun
tain claim, contain more or less min
eral 1t may be, and probably is, such
ground as would sustain mineral 10
cation, but that is not of the questi) n
that was to have been determined by
the jury in this case. The question to
be determined by the jury was as to
whether the ore in dispute was in a
vein whose apex was within the Can.
yon claim or the Table Mountain
claim; and the determination of that
question, if it ever entered into the
deliberation of the jury, was contrary
to the great weight and preponderance
of the evidence = Il
"a careful inspection of that WINS
by the court with the jury convinced
the court that no ledge or seam was
followed by that winze continuously
to the point from which the ore wae
taken, and that no seam exists, the
top of which is in the Table Mountain
claim which continues to the ore body
in question. The country passei
through seems to be, as the court ha:
before said, mass of country rock
ted, and small assures formed in widtl
from the thickness of a thin knit,
blade to two or three inches, these fis
sures being filled with gypsum and Or
from that sloughed Off from the Can
yon vein.
The burden rested in the first IL
stance upon the plaintiff to establish
the existence of vein whose top O
apex was in the Canyon claim, and t
demonstrate that that vein continue
on it's dip to the point from which tn
ore was taken out. That proposition
in the judgment of the court, was b
the workings of the plaintiff absolutel
and conclusively demonstrated; an
not only was the continuity Of the or
body established by the different worE
ings of the plaintiff, but in numerou
places that which was undoubtedl
the hanging and footwall of the vel
was exposed. The fact that back G
the hanging wall in this disintegrs
ted mass of country rock small seam