Show t HEARING THE EtiD The Mayflower People Offer Further Testimony and Rest REBUTTAL WILL COME TODAY And Will Be Followed by SnrEabuttal Dlckson Fprlnca an Affidavit Settln of Civil CMC The NorthlandMayflower trial was resumed re-sumed In Judge Zancs court promptly at 11 oclock yesterday morning when the defense de-fense called A B Emery who produced I the certificate of sale etc showing the amount of ore extracted between December I Decem-ber 171SS9 to January 17 1S90 which was 7545 tons This ore brought 3GOS4G3 i The expenso of mining and shipping was i 1425 a ton exclusive of the cost of sampling sampl-ing soiling etc The net receipts from the ore was 9192311 I Judge Roylo objected to this testimony on the ground that there was mingling of I the ores extracted from beneath the 1 triangle and that obtained beyond Thoro I was no certainty about ikri i Judge Marshall stated that the purpose i was to show the entire amount of ore extracted i ex-tracted from beneath the triangle and elsewhere else-where during the time in question Then the testimony of the other witnesses for the defense to tho effect that onefourth of tho ore came from beneath the triangle I would show just what tho proportion was Tho testimony was finally admitted I COUCEKTHATES David Keith testified that no other was shipped beyond that shown during the period stated A lot of second class ore of I jOT tons was once sent to the Union concentrator concen-trator prior to the shipments to tho MackIntosh Mack-intosh which netted 5199 I Arthur Brown then offered in evidence the patent to tho Falrriew claim with a release re-lease to the defendants This was objected tie by the defendants and brief but able arguments ar-guments wore made against it The court held that there was evidence tending to show that the apex was in the Fairvlew and the evidence was allowed togo to-go in inTHE THE TEXDWrOOT rATE T BULED OUT Itlr Brown next offered the patent of the Tenderfoot and made a strong argument argu-ment in favor oft The plaintiffs objected ob-jected on the ground that it was immaterial imma-terial and after tho matter had been discussed dis-cussed I1t great length the court sustained L the objection and ruled the evidence out IUE JURY CAUTIOSID Before adjourning for the noon recess Judge Zane feddressinc the jury said that his attention htd been called to the statements state-ments of the newspapers in reference to i tho case They must understand that they bad no right to take the articles into consideration con-sideration or to read them and should not form any cplnion or be guided by them If you do so said his honor you go to your room as perjured vlllians and should po to tho penitentiary The reporters bad inadvertantly perhaps expressed Ii i opinions which bo believed improper There was somethIng of tho kind in the headlines of a paper on Sunday The jurors must not tako anything Into con Eideration except what camo to them in the court room If they did they violated the luw of their country and were criminals before the law If they had read anything about the case they should disregard it Tho reports In the papers of course were condensed and not given in full Upon reassembling IX THE AFTEUXOOX Arthur Brown offered in evidence the patents to the Bird Ape and M C stating that the defendants proposed to conned themselves with the title to each The patents were objected to by the plaintiffs on the ground tbst they were immaterial 5LI and the court sustained the objection TITLE TO THE PAlRVIEW PROVES Henry R Atkinson of the land office was then called and be produced the records i rec-ords with reference to the survey of the Ffcirvlevr all of which wero admitted in i evidence Mr Brown next offered in evidence tho title to tbe North Polo claim but It was withdrawn when Judge Roylo stated that the plaintiffs did not claim any apex in that portion of the Northland crossed by the Korth Pole B B TAX DUSEX testified that since being on the stand be fore be had worked in cut 21 l which hat been run 1ST feet and there was no porphyry por-phyry there nor was there in cut 4 Tho contact was disclosed in cut 17 and the only band of quartzite was encountered a there Generally there was a clay seam between the contact and this was also seen in the winze in the Court upraise Mr Van Dusen stated that he had given Mr Curraj samples from cuts 7 and 9 to be assayed To Mr Williams the witness stated that be had not found any lime In the floor of cut 21 He was looking for the contact end if there had been Juror Cross Which Is the older forma tion the porphyry dykes or the mineral The WitnessWhere the porphyry cuts the vein I am inclined to think the min erahzation must have preceded tho porphyry por-phyry because tho mineralization Is found in both sides of it ASSATS OF ORE FROM THE CUTs I J W Currie testIfiedI have been In the I assay business here for eleven years On December 10 of last year B B Van Du lien gave mo two samples of era to assay I The first gavo 1410 ounces silver and Ut I cold The second gave 3J ounces silver and 02 gold On April 4Mr Van Dusen I gave mb the three moro samples the first marked Z assaying at 11 ounces silver and I tho second L2 ounces silver The third marked 9 went OS Cunces silver To Mr Williams the witness stated that be had tested a piece of rock for Mr Wilson l Wil-son for insolubility and Mr Dickson elic1 i itod the information that the piece tested I I was only hal an ounce in weight WITXrsS RECALLED I I David Keith was recalled and testified 1 first wentto the Mayflower property on February 1st lfeS9 when I took possession under lease and at once went to work sinking sink-ing a shaft I took possession of both the surface and underground workings and was never interfered with except by this suit Our authority was partly writ1 son and partly verbal Messrs Ferry and Dodge giving us verbal authority to hold Maj flower No5 Our authority in the Mayflower No 7 was by virtue of a written writ-ten lease At all places where the contact was disclosed there was found a seam of clay containing manganese Colonel E A Wall testified that he had observed the same thing Thomas Kerns testified am nble to state that at nearly all places in this mine there is clay containing manganese Engineer Brooks was recalled and testi fied that the defendants sectional map was correct Mr Longmaid was recalled and examined ex-amined very briefly on one point and Stuart Stephenson took tho stand at the request of Mr Dickson Mr Stephenson sated that when he testified before the Court upraise was in the vein for sixty feet but ho didnt think it was in the vein at the face DICKSOX SW1IXGS AX AFFIDAVIT Mr Dickson here handed the witness an affidavit and asked him to examine it and I state whether it was his or not The witness wit-ness read the document over very carefully I ds finally stated that the affidavit was I I ODe made by him in opposition to the ap p ication of the defendant made to the I l court for permission to continue the Court upraise I I Mr Dickson then read from the affidavit j I I a atsape in which the witness deposed that bo had carefully examined the raise from the shaft to the face and It was not i run on the contact between quartz II I Ito and limestone but in lime and there was no part of the vein or vein matter I I dOttfeof fovnd there I Mr Stephenson admitted that that was i wt hlr sf M ithat I what ho stated in the affidavit TUB BEFEXSE REST The defense then offered their maps in I I evidence and announced that they rested REBUTTAL AXD SURREDDTTAL Mr Williams stated that tho plaintiffs bad somoVebuttal to put in but he believed that time coula be gained by adjourning until In the morning The rebuttal would be briet Mr Dickson gave notice that the defense mine offer some surrebuttal but bo could mi-ne t state definitely just bow much of it thero would bo until the rebuttal had been hoard f |