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Show THIRD DISTRICT COTRT. At 'he opening of tbr; court, Friday morning, judge McKean, afier listening listen-ing te ex-parte motions, delivered his charge to the jury in the Emma case. The judge commenced by declining to grant the non-suit applied for, on the ground that there did not appear to him sufficient evidence to sustain it, notwithstanding the logical arguments of counsel for the defence in favor of it His Honor commended highly counsel coun-sel on both sides for the assistance they had afforded him in coming te j a conclusion on so important a ease. I An arrangement, he said, had been ! made by contending counsel that the I defendants would not examine any I witnesses on their part, but rest their case on the law points and their merits as expounded by the court. The judge's charge was in effect as follows: The defendants rely on questions of law, and introduce no evidence. This to the world is a case of great magnitude, magni-tude, for it involves questions of Jaw which will have a material iofluenoe upon the mining interests of this section sec-tion of country. There are two great questions : Fir6t Is the body of ore in dispute a part of the vein claimed by the Emma mining company or not? Second la it a separate deposit, as claimed by the Illinois tunnel company? And if the former, how much damage shall you give tne plaintiff. The evidence on that question shows, by experts, or who claim to be so, that the old workings at the Woodman shaft are con nee led with the disputed ground by a continuous continu-ous mineral vein; that where a break is claimed it has been shown that there is a continuation of silver bearing bear-ing ore. If you find upon that testimony, that it is one body of continuous ore, whether it be a vein or deposit, then I have to charge you upon the law of the case. The defendants do not ohoose to go further into the question of facts, and leave the case as it stands on tho testimony testi-mony of plaintiff' witnesses they do not choose to call witnesses on their side but want me to pass upon tho law of the case. The ore in dispute is outside of the surface limits of the patent. This is not disputed. But if you find that the proof shows there is a continuous connection between thee bodies of ore, then you must find for tho plaintiff. The patent conforms to the statute and conveys to tho patentees tho right to follow the vein, even if it runs outside of tho surface limits of the mine. The patent conveys the vein, or lode, or ledge; and even if the government gives another patent, on either side of this vein, then if such patent should conflict con-flict with the ledge or lode of the Emma Em-ma mine, the Emma mine would hold good against tho later patentee. The suit is for trespass, not for the value of ore taken out. The party who applies for a patent must have conformed to the local laws and alio the laws of congress, and then his claim by such conformation is indisputable, in-disputable, unless there is an opposing olaim. Before the patent issuos the prospector is only on bis ground by ftermission or license given him by aw. From the Woodman shaft tho plaintiffs, by virtue of their patent, olaim 800 feet to the left and 1,600 feet to the right. They cannot olaim any mora. They have 2,400 lineal feot in all and no more It docs not matter in which direotion the vein runs, whether it bo north, south, cast or west from the initial polfit, tho plaintiff plain-tiff is entitled to follow it to the length which his patent specifies. The patent besides granting the 2,400 feet aforesaid, afore-said, grants a sufliciont quantity of ground on the surface for working the mine. The United States law on tho case gives tbo right to follow the vein or lodo even although it goes beyond the surface limit. Gentlement of the jury, both the plaintiff and defendant are desirous of having the final issue of this case settled by the oourt of last resort ; but to enable the cose to be oarried up, it is necessary that the damage you award, if you decide for the plaintiff, should be at the lowest $1,000. The plaintiff's oounscl objected to a verdict being limited to $1,000, and tho defendant's counsel interposed no restriction on the judgment of the jury. Several of the jurymen asked questions ques-tions of the judge, on certain points boaripg upon the direotion of dips, spurs, and angles, and whether the patent oonferrod upon tho holders tho right to go to an indefinite distance; and tho court ruled that the patentee could follow tho vein or lode to its ultimatum, oven it goes beyond the surface limit. At half-pact 11 o'olock a.m. the oourt completed its charge, and adjournod until 10 a.m. this morning, directing the jury to seal their verdict in tho event of determining de-termining upon it whilst the oourt was not in sitting. It was understood about one o'clock p.m. that the jury had made up their minds for ft verdict for the plaintiff. |