Show DRAWING TO A CLOSE The Protestants in the Townsite Case About Through r D SULLIVANS TESTlUONiT lie Thinks the Land Within the Townslto Application Is Mineral but Dont Want His Own lxamlned The hearing in the Eureka townsito case was resumed in the land office yesterday yes-terday and considerable testimony was given In behalf of the protestants T D SULLIVAN was tho first witness called Ho testified I reside at Eureka and am a miner The I V o fTone mine was located in May 1SS9 I and about 1400 has been expended in developing de-veloping it A shaft has been sunk on it ton to-n dept or 103 feet There IE a vein of ore at tho bottom of the shaft from ten to thirteen thir-teen inches wide and a streak of spar Ijng over it I am not troubled with water in the mine when at work but when the property is left idle for two or three months considerable water accumulates I I 1 1 The water comes in by springs and through seepage I went into the mine with Steb ft ns and Farren when they examined tho I I I v orkmgs in December last and saw them tao the samples I am the solo owner of tto Wolf Tone and located It for mining purposes I have never speculated in town lots upon the claim Major Bird Haio any residences or bu Uings been erected on the surface groun < s1 TLo itncss Yes but under my protest pro-test I served notices upon the parties settling J W Tuttle was one who mado a settlement on tho ground stud I served Mm with n notice The witness here identified a number of notices of the nature served bj him upon various parties and they were offered in evidence Continuing the witness said that three parties had settled on the ground before teait N l gh i he located it He locaed the L t 10 Chief for mineral purposes m had dn < assessment assess-ment work upon n t inuei ad been struck but not in paBK quttuui l 3 More development work had been done upon tho D ablo and the output from that mine was about the same as from the Robert E Lee which the witness also owns He had never sold any lots upon tho Leo claim and bad done no work upon It except in the way of developing It These properties were in his opinion most valuable for mining purposes The general character of tho ground where the BullionBeck was located was the same as the WolfTone So far as he knew no oro bad been shipped from the excluded ground The indications of mineral in this excluded ground were no more marked than in the properties located within the townsite application The principal portion of the town of Eureka was located upon this excluded ground Part of the town extended upon the Red Bird ground The Keystone group has the richest of tho mines lying southwest of the townsite application Iho owers of the Bullion Beck sank eightyfive or ninety feet before anything that looked like mineral was struck The Godiva and Snowflake were producing mines In his opinion all of the claims included within this townsite application appli-cation wero mineral Nothing but the mines supported the town and if the ore was exhausted there would be nothing to keep Eureka up CUOSSSX1MIJATIOV To Judge SutherlandIf developed the Wolflone would probably yield ore of I sufficient quantity and richness to become I B paying claim I u Have you ever marketed any oro from I e So sir Why not hI quit after sinking 103 feet Did you ever have any of this ore which you last struck assayed Xo Then no assays wero taken except of the samples obtained Farren and Steb binsI I did have assays taken by a man in Eureka Cant you remember his name No Do jou know him I Yes when I see him Did he give j cu a certificate Yes Have you the certificate with you Xo 1 think it is in Eureka Have you been requested to let persons go into the shaft on behalf of the town eUeYes Yes and I declined to do so Are you willing to let any witness in behalf be-half of tho townsito to go there now I Not unless they were more truthful than those who heretofore testified on behalf be-half of tho townsite Would you now consent to ono or more reputable experts point there to make an examination and testify as to the result 1 will leave that to my counsel I k i Have you any assays of matter taken from the Robert E Leo or Little Chief No sir Havo jou marketed any ore from either of those claims No sir This closed the testimony and Major Bird offered in evidence certified copies of the notices of location of the WolfTone Robert E Lee and Little Chief He also gave notice that the protestants withdrew 1 their authority and protest in tho Montana lode for the reason tbat they were unable to show any mineral workings Ion the same or any developments of mineral within the tow nsito application It is understood that Mr Sullivan will be the last witness for the protestants and the applicants for the townsito will probably prob-ably commence their case about Thursday The hearing will be concluded in about two weeks more and whatever the ruling of the register and receiver may be an appeal will be taken to the commissioner of the land office It may bo two or three years before the litigation is finally ended |