Show THE MINING SUIT The Rebuttal Commenced by the Old Jordan MORE EXPERT TESTIMONY The Grand and Petit Jurors for the February Febru-ary Term Police Probate and County Courts The trial of the big Old JordanNiagra mining suit was resumed before Judge Anderson yesterday morning when the plaintiff commenced its rebuttal by calling rnoF KEYES He testified that he visited the property in dispute at Bingham a few days ago and going into tho Utah tunnel at tho forty sevenfoot level took eight specimens of rock at distances of ten feet apart Mr Brow for the defense objected strenuously to the witness being allowed to describe these specimens on the ground that he had gone all over this subject before be-fore and that tho testimony was not rebuttal re-buttal The witness was allowed Ito testify how over and the witnesses for the defense had doubtless mistaken one of these specimens speci-mens for quartzito This brought Mr Brown to his feet wi than th-an objection He was willing to admit that the witness was an expert lawyer out he was not an expert mind reader The objection ob-jection was sustained and the witness continued con-tinued to describe the character of the disputed dis-puted area the geological formations and the character of the rock encountered in tho various tunnels etc all of which went in under a constant stream of objections by tho defense Arthur Brown then took the witness in hand and examined him at considerable length as to the fortysove foot tunnel of the Utah shaft Prof Keyos insisted that tho foot wall of tho tunnel was in quartzite but Mr Brown brought out tho fact that it was covered with six feet of debris and 1 that tho witness had not cleared that away to make particular examination of it IS B VAN DUSEN M was tho next witness He produced samples sam-ples from the 47foot level of the Utah shaft the first being taken from the middle mid-dle of the shaft the face of which was broken down Another sample was taken at the contact of tho Utah tunnel near its western end The defense made an objection to this testimony and it was excluded Tho witness once more discribed the character of the ground and was subjected to a long crossexamination on this subject by Mr Dickson All sorts of geological problems were submitted and much learned discourse was had theeron to tile confusion of everyone except the Tribune reporter who formerly lived in Loadville ADVERSE POSSESSION At this stage Mr Brown stated that the defense had one other witness to introduce on the subject of adverse nos session Them was no objection to this and Deputy Marshal = Mar-shal Joseph Bush was called Ho testified I went to Brigham first in the fall of 1S74 and have been mining there off and on ever since With others I obtained a lease on a portion of the Utah property and we used the Red Warrior cut for entrance and exit The Utah company used the Red Warrior cut and the property around there continuously continu-ously Messrs Gousha and Argylo pointed out to us the dividing line between the Utah and the Old Jordan and it was respected by both parties The west stake was about ton feet west of the centre of the Orphan Boy gulch The plain tiff resumed its rebuttal by calling call-ing O A PALMER who took the attorneys through tho forty seven foot level of the Utah shaft There was quartzito in passing station twenty six and it then passed into limestone BERT HOLDEN was recalled and testified that in 1SSO and 1891 he made surveys for the Niagara company com-pany of the Mary Ann Quaker claims but not of the Rod Warrior Tho witness produced a sketch made by him at the time but this was ruled out as immaterial Mr Holden then went on to describe the ground and gave a brief history his-tory of the working of it since 1SS3 Mr Dickson When did you first learn that this immense system stopping connect ing both tho Red Warrior and other proper ties had been done by Utah people The WitnessAbout 1890 When Dr Hunter was talking to you about purchasing the Dartmouth from the Utah people why did you not say to him that your company claimed the property It was none of my business at all V 1 3 TTLL 0uunuuw tvuuiu tuu um u IUU smelter stood 1 stoodYes Yes sir And saw the slag there Yes sir You knew that it came from the ore smelted by theUtah company Yes sirn And talked about it to Dr Hunter didnt you No sir Didntyou tell Dr Hunter that there was the same formation in the Utah as in the South Galena No sir Didnt you understand that Dr Hunter wanted you opinion on the mine I Yes I think ho wanted it but he didnt want it badly enough to pay me for it My business is mining engineering and if he had paid me for an opinion I would have given it I Adjourned until this morning at 10 |