Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1914-04-07

defense demurred at the bond being
placed at less than the amount ex
acted in the Round Mountain case.
Opening the Hearing.
Attorney Colby opened the hearing
for the. Butler company by reading
the complaint and offering a number
of affidavits in support These were
as follows:
Lewis R. Robins deposed that be
had been surveyor for the Jim But
Ter for two years; that on the first
day OF January. 1914. he became
aware that mining operations of de
fendant were extending underneath
the Eureka and Curtis claims; that
plaintiff broke into said workings
from the seventh level of the Wan
dering Boy shaft ON or about Janu-
airy IL. 1914, and subsequently made
a second connection In another por-
tion of the workings from the same
survey of these workings; that they
extended entirely outside of the yer
tical boundary planes of the West
End and have crossed entirely under
meath the Eureka and Curtis claims.
w. j. Pike, mine superintendent for
two years, stated that defendant had
mined clear across the Eureka and
4 is now working in the Curtis claim;
that plaintiff first became aware of
this underground trespass through
hearing drilling and blasting about
the first of January, 1914 In conclu-
sion complainant stated the West
End is extracting 600 tons a day
and piling 400 tons on its dump.
Frederick Bradshaw. general su-
perintendeut of the Jim Butler, made
affidavit that he did not know of
the trespass until January IL. 1914.
and after an examination made a
demand to be reimbursed for the ores
extracted. Afterwards negotiations
We're in progress with lew to com
promising the claim of plaintiff until
March 30 whereupon defendant i'm
mediately resumed its mining opera
tions
+ Clyde A. Heller. president of the
Jim Butler, in his affidavit. set forth
the ownership of the Eureka and
Curtis claims and stated that he had
no knowledge of the trespass until
January 20. 1914. He stated that he
made a demand for reimbursement
and then entered into negotiations until
March 30. 1914. when all negotiations
were terminated by defendant refus-
ing to agree to terms upon which
plaintiff was willing to settle. He
added that the defendant had bulk
headed the places In the mine work
ings and would resist all attempts to
penetrate the underground workings.
Position Of the West End.
In replying Attorney Alling for the
West End stated that his clients
rested on an agreement or contract
drawn up between the two companies
and signed by Clyde A. Heller and
Frank NJ Smith. the respective presl-
: dents. This gave the West End the
| right to follow the so-called West
; End MacNamara vein which apexed
500 feet within the side lines of the
! West End claim and also the South
vein into and through the adjacent
claims OF the Butler
This was supplemented by an afh
dayit from s. H Brady, general man
ager OF the West End, who stated h,
; had occupied his present position fol
+ the last four years; that the Wes
r. End had been diligently extracting
2 ore from the Eureka and Curti,
e claims ever since December 80 1912
and that all the officers of the But
, Ter, including Bradshaw and Heller
; who swore they knew nothing of thh
T work, were fully aware of the fact
o that they consented to the hreaknl
y down and extracting ore and that a
: no time did they challenge the right
e dispute or deny the right to eytrac
h ore from the property AZ said depth
Warren + Richardson. surveyor
q who has been with the West Ent
company for the last four years
s made a similar affidavit
ON the strength Of these affidavit
n Attorney Anwe declared there ws.
no ground for the sueges,ed RESTRAIN
Ing order as defendants were actin
strictly within their rights He the
d caused q smile to pass around IN
if chamber by mtlmaiing that he woal
At quote l.inley, the student and lAwye
le engaged IN burning the midnight o