| Show THE CONTEST AT NEPHI Everybody Town is Interested Inter-ested in It ALL STRANGERS SUSPECTED Maps and Exhibits Worth a Fortune Some of Them Are Marvels of Ingenuity Each Side Guards Jealously Jeal-ously Its sThe Stake at Issue J an Enormous One Ex Senator Brown Opens for the Grand I Central Ably Stating His Hypothesis Hy-pothesis Judge Znno Follows TRIBUNE SPECIAL Nephl Jan 28 Among all the Industries In-dustries of Nephl there Is none more profitable or popular than the promotion promo-tion of big mining suits The principals princi-pals and other parties connected with the Grand CentralMammoth litigation have been received with enthusiasm and entertained with the utmost hospitality 1 hospi-tality for a consideration They arc not angels who come unawares un-awares but angels with capacious rolls of greenbacks and retinues of attorneys at-torneys experts mapmakers modol makers stenographers and other followers fol-lowers whose callings are more ambiguous am-biguous men with Ingratiating manners man-ners and no ostensible occupations All of these strangers within the land of the Ncphltcs have assisted In bringing bring-ing about a boom the lea of which has not been seen here since November and December 1301 when the big case was on trial for the first time and the Grand Central carried off the sweep slakes Hotels barber shops saloons < telephone company and bus line have been the direct beneficiaries while all mercantile institutions have profited Indirectly Each hotel has had an Improvised map room where tho draughtsmen have drawn the scores of maps charts diagrams and plans with which the minds of the jurors have been enlightened Now the draughts men have but there < have gone but arc others to take their places The maps and exhibits used during the two trials represent In themselves a much greater sum than Is involved In a hundred ordinary suits I is estimated by one of the attorneys that between 40000 and 50000 has been expended ex-pended for the preparation und making of such articles Some of the exhibits arc marvels of Ingenuity For instance In-stance there is i a frame containing nine horizontal glass plates each representing repre-senting n level In the Mammoth mine By looking down through these layers of glass the Jurors are enabled to seethe see-the workings a they would appear If the mountain were transparent Another An-other happy conception which by the way was not admitted to evidence In this trial Is a bib wooden model showIng show-Ing the surface of tho ground In con met This Is made In sections und when taken apart the spectfextor has a view of a vertical section of the hill I The court reporter has ha no sinecure sine-cure Thousands of pages of testimony have been written and transcribed and the questions and answers of some of the briefest witnesses make typewritten volumes half tho size of an unabridged dictionary or u family Bible The official offi-cial reporter Mr Cook lias two assistants sistants Since the litigants came t town the atmosphere has been redolent with theo the-o or of cash The case suggests In many particulars a game of chance for magnificent stakes The issues are so Involved and the real nature of the veln formatlon so uncertain that the most honest verdict may prove in time to be a mistake The contestants are not blind to the tremendous influence of money however I is conceded that for a prize of n million dollars great sums may be expended and to keep the ultnessoAand attaches of the court In the straight and narrow path a cnstml surveillance has been maintained main-tained each side has guarded Its witnesses Jealously and the gentlemen around The court have been cautioned culone from time to time for real or fancied exhibitions of favoritism I anyone Iras escaped the general and oren unjust suspicions of attorneys attor-neys who are Inclined Ito suspect every body the Jury has done so The eight men In the box are poor men farmers to whom the cost of maps alone would seem n fortune yet they are allowed togo to-go to their homen at night and return In the morning as freely as though the case Involved nothing more Important than a line fence or n disputed calf All live within close range of Nephl and spend the nights with their respective respec-tive families I they are watched a they doubtless arc the espionage Is for the purpose of keeping them from being be-ing influenced by arguments and is not inspired by 0 fear of possible bribery Another fact that perhaps adds to the confidence shown In the Jury is Its legal status The Jurors arc simply advisory I Is their duty to give their conclusions on matters of fact to Judge Marioncaux who can accept the conclusions or disregard them aa his Judgment may dictate but even so the conclusions must be palpably unfair for a Judge to Discredit them In such a case as this Regardless of the outcome no one will say that the attorneys on either side have failed to earn their fees The legal talent Is the best the State affords and It is a matter for surprise that lawyers can make a technical mining dispute so plain and Interesting to tho average person Comparisons metaphors meta-phors Illustrations and quotations adorn their arguments The facts are plainly and unmistakably on one side until the opposing counsel takes the floor when everything appears in anew a-new and utterly different light I Is a liberal education as well as recreation to sit as a Juror Judge or spectator In the presence of such talented members of the bar and it Is almost saddening s < denlng to know that so much labor skill and energy on one of the two sides must go for naught MR BROWNS HYPOTHESIS Tho hypothesis of the Mammoth dip advanced by exSenator Brown for the Grand Central today Is that the main shaft nearly 2000 feet In depth Is really the dip of the vein nnd that the branch of the lead that enters the Silveropolls of the Grand Central l company com-pany Is the real strike of the vein A striking comparison made by the Senator Sena-tor was tho likening of the lode to a river and the strike of the vein to the irregular course of a stream In connection with this he exploited the water formation theory advanced by Expert Jenny that In past ages a great river rushed through the clefts and fissures of the mountain determining determin-ing for all time the strike of the mineral min-eral veins The effect of ore values as Indicating the trend of the lead Is an another argument relied upon by the Grand Centrals attorneys The principal valued in the disputed ore shoots are northwest of the Mammoth tmatttoi the Sllvcropblls Even if traces of mineral do run upward and eastward east-ward to the surface of thc Mammoth It is contended an apex cannot be established es-tablished from traces or anything less valuable than that ambiguous thing considerable values appreciably apprecia-bly greater than those in the surrounding surround-ing country The same point received considerable attention during the presentation of the case when expert chemists were called to show the quantity of gold In and loam sea water fiflh animal ana cgeiabhr substances and even the waters of the Great Salt lake In reply to the allegations of the Mammoth that Ed Loose got his tip on the trend of the vein from the maps of the Mammoth workings Senator Brown pointed to the prospecting which had been done In the Mammoth northern extension as showing that the defendants themselves were entirely mistaken as to the direction actually taken by the lead The hands of the clock pointed lo 1135 when Senator Brown sat down having finished the opening argument for the Grand Central in Just two hours He had the closest attention from the Jury and at limes seemed to make a pronounced impression The scene shifters speedily altered the appearance of the stage rolling up and bearing away maps screens und exhibits of the Grand Central and setting set-ting tho scene Interior of the Earth as Seen from a Mammoth Standpoint JUDGE 55ANB SPEAKS Judge Zane stepped before the Imaginary footlights und commenced In a low calm voice his reply to the preceding speaker Ho warned the Jury particularly against any political or religious bias and Impressively pictured pic-tured the remorse thai would follow them In this world and the next If they violated their oath taken before God and man to do equal and Impartial Justice He launched Into the discussion discus-sion of the apex his voice growing stronger and his manner more animated as he progressed The manner man-ner in which Loose and his friend Nes blll gained their Idea of the direction of Ihc Mammoth vein declared the speaker was questionable lo say the least and proved their cunning rather than their honesty Judge Lane said thai II seemed highly high-ly Improbable thai the vein turned as sharply as claimed by the Grand Central Cen-tral He quoted the statement of plaintiffs counsel that God could make the vein turn as shortly as he desired and admitted it hut conlin ucd Judge Zane I do nol believe that God performed this miracle In order to enrich Mr Loose The Blessed Savior performed miracles but I do not believe be-lieve he performed a miracle here for the benefit of his disciple who was to come Into time world 1900 years after he went out of it AN AGREEMENT The plainest statement of the Issue between the two mining companies thai has yet been made was given by Judge Zane this afternoon and concurred In by Judge Henderson of time Grand Central Cen-tral Just before the adjournment of court They agreed that time Issue Is Do the small isolated deposits of low grade mineral on the Mammoth conned con-ned with the vein mailer In the workings work-Ings of time Silveropolls claim The surface of the Mammoth and the SII veropolis workings are separated by about 1000 feet of partially explored ground and It Is for the jury to determine de-termine whether there arc traces oC mineral In the Intervening space sufficient suffi-cient to convince them that time ore on the surface and the ore underground arc a part of the same vein Judge Zane reviewed tIme testimony of eight or ten witnesses called by time Mammoth company lo proc the ex Islence of the ore on the Mammoth claim above referred to and expatiated upon the testimony tending to show that there was a connection In referring re-ferring to the statement made by one E D Cox an Englishman the Judge paid a glowing tribute to the British The point was well taken as a majority ma-jority of the jurors are of English deck The attorney had but little confidence con-fidence in the opinion of tIme experts called by time plaintiff Ho quoted a lawyer friend of his who considered them unmitigated humbugs and gave as his own opinion that the average ave-rage mining expert delivered his fiction fic-tion under oath Judge Zane spoke for four hours and a half and was exhausted ex-hausted almost lo lie point of collapse when he finished JUDGE HENDERSON took up the Grand Central side of the case al 505 his evening and talked for threequarters of an hour before adjournment ad-journment In advising the Jury as to its responsibilities Judge Plenderson said the other side had intimated that they didnt play much part In the case He thought differently that their verdict ver-dict would be the verdict in the case under ordinary circumstances and that the Judge would not be likely to set It aside even though he had that privilege privi-lege Tomorrow Judge Henderson will finish fin-ish his address at noon or soon after and Judge Dlckson will make the concluding con-cluding argument for the Grand Central Cen-tral It is expected that he will lie through by tomorrow night and that John M Zane will occupy all day Thursday In closing for the Mammoth |
