| Show THE MINING CASE The Plaintiffs Commence the Introduction of RebuttaL THE CUTS LOOKED INTO AflAIH i Witnesses With Lone and fihort Memories = Attorney Brown HUB Some Ynni With Thomas Venard I > Owing to delay In the arrival of witnesses i the trljl 1 of tho NorthlandMayflower mining salt was not resumed In Judge Zancs court until 2pm yesterday when Judge Royle offered In evidence affidavits of O A Palmer I end David Keith made before the trial Mr DIcUson What is the object Judge YloTo show that they have made statements different from their testimony ont on-t the stand Mr Dickson Judge Royle very well knows that it would bZ improper to Introduce these affidavits for s1lch a purpose without first call lag the nttedtlon of the witnesses to the statements state-ments therein contained As a matter of fact however there is not in tho affidavits any statement different from the testimony of the J witnesses and for that reason we do not object j to the affldarits being introduced although I might do so I merely make this statement order to show the unfair methods of counsel In the trial of this case i Judge Royle I am not in tho habit of trying cases unfairly The judge then proceeded Jo read the affidav its and from simply hearing them there did not appear to be any startllngiilnerence be teen the affidavits and tho testimony given by the witnesses the stand ow CIIAHIXS STREET was then called by the plainUJTs in rebuttal Ho teetifled to harm made on examination of r ntl the Fatr letirlncltno nfnn 1870 anT were min eral s aips from the grassroots to tne bottom of the shaft following a fissure and ho then went on to testify to the strike and the dip On cross examination the witness stated to Mr Dicksun that he was nearly 33 years of age and commenced working in mlnos when ho was about 16 years in 1 which would bent about t ho time bo testified to having made an exam lea lon at the Fairview incline and noted the dip nndstrite of the bed It was perhaps threequarters of a mile from the incline when he made an observation of the dip and strike Ha did not go down the Incline I again until 1689 when ho made tw o visits and no wason the ground again in toes Ho believed that CoL Nelson had shipped ore from this Incline Sty St-y t thought there was a llssnre in cuts but didnt testily as to it at the last trial KICnARD MACKINTOSH the owner of the sampler at Park City testified 4 that he received ores from the Mayflower In the latter part pt 18t9 and early in 1830 From De cember 171SS9 to January 17 1890 he received from the Mayflower total of a 067 tons No ore was le9J received from March 241689 until April25 le9JP P L Williams Did you ever receive any ore I from the Falrvlew The Witness did not rnAMc n warn described the line of cuts < < extending around to the Fairview and the Fairview incline On cross examination Mr Dickson elicited the fact that the witness was testifying from notes written two years after his examination and made for the purpose of testifying from at the trial Mr Dickson then insisted on taking the defendants notes and he soon discovered that certain notes made in the book bad been marked out or changed by way of correction Nr White testified that he did not take the dip of the limo beds at the Falrview The contact was disclosed In cut 61 and he found vein mat ter clay and manganese In cut 6 Did you take the dip In cut < tot NoWhy Why nor It is not reliable there How far in Is the tunnel run About sixty feet but it has caved In Isnt the dip there from 5 to 7 degrees No I think not Isnt It a tact that you took n note of tho dip and have erased iU In malting a note I made a mistake and wrote dip instead of course Didnt you find vein matter there Yes clay and manganese but I dont be H Here It would assay Why didnt you make a note of the angle or din The cut wasof no account and I had no in strument What is the dip in cut 95 I dont know Is there a vein there Yes a fissure vein about four feet Your note reads Tunnel In quartzite Hmo hanging doesnt it llloeelM Yes lime In the face I mean I You have changed the figures as to dip havent you Yes I might have done so Have you any note about a fissure Nc sir How was it that you omitted to noto that most important feature Wasnt you examined on this cut at the last trial and did you make any mention of a fissure IKt WASVT ASKED If I didnt mcntlon it it was because I wasnt asked askedDid Did you take the dip at No 10 Don think i did Did you take it at 11 or 12J No At13r I believe not Was that unreliable toot Yes Doesnt it dip at about 6 degrees I said It was unrellabla It isnt disclosed THE CONTACT DISCLOSED But the contact is disclosed Yea Did you bring any sample the limestone In your cut No sir I believe others of the party did Mr Williams Your memorandum as to the Fairviev shaft was your recollection of what you said two years before the memorandum Was written Yes Mr Dickson Youcannot describe any cut except by your notes can you I have done so Well describe Cut 8 It is driven in about fifteen feet where it reaches a solid formation At first I thought It was in lime but afterwards concluded it was notYou have at here twenty feet deep and all in In lime haven you Look at your note Yes What was the dip hI didnt get any What was its direction j There Is none defined there Did you make any note of IU No sir TUE WITNESS WAS WRONG Mr Dickson here showed the witness the note made by him ot the dip and smilingly said 1 Thais all THOMAS ARD first described the Fairview shaft for fifty fee down and then started on a tour through the cut In cut She found quartzite and contact In cut 4 the dip was not reliable In cut 6 the dip was about 20 degrees with a foot wail ot quartzite and a hanging wall of lime In No 6 the dip was tho same and thero was coma stain In No 7 there was a tunnel 75 feet in with a foot wall of quartzite and II hanging Wall of lime There was a vein there about 18 Inches Containing a mixture of n little of everything except ore lu cut 8 the dip was JO degress At first he thought there was a contact as there was a lit tlo vein but on closer examination he changed his mind No9 was an open cut in about 30 feet The shaft showed a fourfoot vein all In Quartzite the dip being well defined tt first but unreliable further In There was no con tact in this cut everything was quartzite The reins disclosed in cuts 7 and 9 were in his opin and ion not the same but 10 went In a good way SnoWED QUARIZITE Be saw neither contact nor vein there bull was to quartzite dipping 22 decrees westerly with a lime hanging wall contact and a vein Cut 12 was a small open cut In quartzite There was a contact between lime and to Jw quartz Ite with a rein disclosed In cut IS the dip I wa cot reliable A quartzite lootwall and rein were disclosed in cut 14 the hanclng wall being I of lime The rein was well defined here bu was in the fissure which however was at the I front of contact between the two formations Tre quartzite and vein were disclosed in cut 15 but here too it was In a fissure and it being 50 close to the Fairview he thought It was part o f the fissure found there Cut 1C was about the same Cut 17 in the defendants map started In quartzite Some of the defendants maps hawed lime limeA A DnEEZY EXAMINATION Mr Brown When did you make this ezaml nation Last Friday Didnt it snow that day It did the night before And tho snow fell in all thee cuts Yes How did you get to see what was la th a cntsf cntsfWe We had the snow swept outDid out-Did you find a contact in cut Gt Yes Was there a rein there There was a seam between the contact Did you make all of jour notes from which you now read on Friday No I made some of them last fall Did you give tho dip In cut 5 as twenty de greesKn Let me see your note book You cant kayo it Thats my personal property I WUl take a ruling of the court on it Mr Williams We object your honor I al owed Mr Dickson to take Mr Whites note book but it was an impertinence The CourtWhere a witness relics upon memorandum th9 other side is entitled to it Mr WilliamsAll right Mr Brown the court rules with you Mr Brown You dont think It Impertinent as you did MORE FUN Proceeding to examine the witness Mr Brown found that he had used some notes in his book written last fall and some written on Friday They ran right along however and Brown undertook to show that Venarfl had written some of the notes and made erasures during the progress of tbe trial This part of the examination was extremely lively and at times very amusing and Brown finally passed the note book over to the jury He next tested the ability the witness to determine the dip by the clinometer After the attorney at last got through with tho witness the latter retired to tho rear of the room where ha studied his notebook oer again CIIAKLES W WATSON < next piloted tho jury arouud the line of cuts and discussed the formation contact vein and dip His cross examination will begin this morning at 10 |
