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Show E.ttHA-ILLIKOIl INJUNCTION SUIT. At 9:3U a-iu. yo.-tcrJ.iy, as previously arranged, this casc aain came up at "Liberal Institute." Judge McKean having considered the point at issue at the hour of adjournment, detided that tho affidavits in question upon the part of the plaintiffs wcro admissablc, as testimony, in rebuttal as to tho alleged break in the Emma vein. The argument argu-ment for plaintiff was opened by Mr. Park, who claimed that the Emma company held a perfect title agaiDBt the world, and that not until the Illinois Illi-nois Tunnel company had run past the Emma lode and then heard of the rich vein did they conceive the idea of laying lay-ing claim thoreto. During all the time of tho existence of tho Emma company no such movement was thought of until un-til a sale had been effected to the English Eng-lish capitalist. The original claim of the Emma locators in November, 1S6S, specially specified a vein, not a body of ore, but a lead, supposed to run east, and west, with all its spurs, dips and angles; and tbo United States patent . guarantod them 2,-100 feet of this vein, i no matter what the direction; it guar- i antecd a title that could not be set aside. They had a right to trace the fissure for 2,400 feet and if no body of ore was discovered until at the very end of that distance, still the ore in the vein thcro was their property. No matter if this fissure was but a mere stain, or narrowed down to tho thickness thick-ness of a sheet of paper, it did not affect their title as long as the fissure did exist and could bo followed. Mr. Park continued at greater length than wo have spaco to report He was particularly par-ticularly severo upon Dr. Congar and professor Tuck, who went into the Emma Em-ma mine as professional experts to examine ex-amine in the Illinois J, interest. Tho former gentleman swora in his affidavit affida-vit that ho saw only two nodules of ore on the 4th and 7th floors, and yet ho had gono through 200 feet of solid ore before he oould reach theso and other floors. Tho gentlemen ia the presence of the judgo had gone back through this 200 feet, and with pick in hand had at every foot picked out ore from new ground. As to professor Tuck, he testified that he had passed through the second floor olear on to tho Illinois tunnel, and had traced oro connection, whon, as the judge knew, the Becond floor had never been opened at all. A.gain the professor pro-fessor swore that broken timbering prevented his fully examining floor 4, when in fact he passed four times through the entire length of this floor to reach floor 7 by a transverse shaft, the only way by which floor 7 could be reached. Mr. Mathews also had found that something had laid an egg .of ore in a solid casing of granite, and ho was able also to tell that at a certain distance dis-tance a twin egg had been laid which he indicated to tho Illinois company, and which they found. How did he know that this twin egg was there encased en-cased in solid limestone? Professor Silliman and others had found a vein, etc., but Mr. Matthews could find nothing but the eggs. Mr. Park was very clear in his point, illustrating by the drawings upon tho map. In tho afternoon judge McKean stated tbat ho would not limit the number of speakers, but would limit each side to four hours. Mr. Marshall opened for the defense. There were two points in the case, one i of fact, tho other of law. He should confine himself to tho law. The one point in tho case and upon which he expected a decision in his favor was, that tho law while giving a claimant the right to follow a dip to the earth's oentro, gave him no claim to the surface beyond his lines. Tho Emma company claimed ore, admit that it was a vein for argument's sake, running in a certain cer-tain direction staked and marked in width and length. They had an un doubted right by law to that vein, so long as it did not pass beyond their lateral line;-; but the moment it failed to follow the direction laid down in the patent, and passed beyond tho lateral boundary of their staked claim, they lost all claim to follow it. . Mr. Josclyn followed on tho same side and went for Stewart and Park in a deliberate but gory style, as if ho designed de-signed having eold roast lawyer for break Fait, and eulogized them by comparing com-paring them to captain Kidd and others of that stripe, Judgo Poland spoko in the evening sitting of tho court, in behalf of tho Emma Co., and bo went for Josclyn's scalp with a keen and polished blade. Uc took tho scalp and capillary friDge beneath, and pointed with quivering finger to "tho gentleman from Illinois" as a reeking spcoimen of his prowess. Overpowered by tho weighty and sanguinary arguments, tho judgo adjourned ad-journed court until Tuesday morning at 11 o'clock, whon tho deoision is expected expect-ed to bo delivered. |