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Show LAW OF APEX. 6EC0ND DAY IN THE PARK CITY MINING MIN-ING LITICATION. J'lnintifTs Best for the Present and Defendants Defen-dants Open Their Ciwe-JuriKe Dickson Explains the Case Ihe Defendant Fipecl to IJitabllsh. This has been a day in Judge Zane's court featureless and dull. The trial of the North-land North-land Nevada-Mayflower suit which promises to be tedious iu its length, was continued. No evidence of Interest was Introduced. In the closiug morning hour, the defendants made a motion for a non-suit which was overuled, thus giving first blood to plaintiffs, but the advantage was not important, neither was the decision unexpected to the defendants. Bucli motions are invariable made more as a mailer of custom than with any hope that they will be granted. The witnesses today were more Intelligible than those who testified yesterday. They seemed to have cleared their throats and to havo acquired ac-quired confidence. The realization had been forced upon thcui that it was necessary to speak above a whisper. With this inorulng's testimony Introduced the plaintiffs closed their case. They set up the fact of their having made a lo. cation, that they had a vein and apex. It now rests with the defendants to overthrow the case made. They must establish estab-lish a different stato of facta. What those facta are Judgo Dickson outlined in his explanation ex-planation to the jury. Charles K. Street, whose cross-examination Lsd not been concluded when court ad-. ad-. journed yesterday, was recalled this morning, morn-ing, lie made a good witness, giving his testimony without any hesitation and, .in a manner to give it impresslveness. i - Stewart Stephenson was called for the Northland and testilicd: "I am familiar with the ground in conlro. rersy as represvnted iu thu triangle as rep. resented on the map. "There was a good deal of ore showing In some of the workings of the Northland, in tome places three or four feet. "That ore was worth, iu my opinion, from $10 to $S0 a ton." Cross examined by Judge Dickson "You are interested in this suil a party to it." "Yes, sir." "That is all, then." John Judge, one of the defendants, was called ss a witness for plaintifts to prove certain immaterial facts. Judge. Dickson then made a motion f hat the bond welch had been required, ith refer- encc to ground outside ot the premises, out. side of the territory where the trcspos is alleged to have been committed, should be set aside. The motion was objected to, and the court declined to grant, I he motion. Judge Marshall at this point interposed a motion for a icll suit on Hie grounds that plaintiffs bad not shown thai defendants dis. turbed thrni in the po. session of the North, land; lhat the plaintiffs had uot shown that the ore. underground was in o vein dipping at, the angle alleged ; that it did not appear that, theorecanie Iroin avcin having. it apex within the premises ot plaintiffs, or that they had any right or title thereto. The. motion was overruled. A recess was taken tor u short time to enable en-able the defendants to put up their map. It was a large one and showed m arly a'l the mining claims in oodsld - Gulch. Across it were drawn lines marking drifts, slopes and winzes. Judge Dickson then explained to the jury the law which pertained to mining claims. He illustruted that the owners of mining claims not only acquired the possession pos-session of the surface where they made their location but they acquired all veins which had their apex wllhm Ihe lines of such claims. Admitting, then, that the plaintiff's plain-tiff's have a vein, it was necessary for them to show thai the top or apex of tho vein they claimed was within the surface boundaries of their claim." He explained the boundaries of certain claims, the names of which aud their workings work-ings would frequently he referred to in the trial of the cause. "The defendants," he said, "bad eipected to show that they had a vein continuous throughout their claim, having au underlying vi ail of quartzitc iiud au overhanging wall of limestone; but overhanging over-hanging the limestone, which is from ISO to 'AH) tcet thick, there is another overhanging qtuirtzito b.nd which, in his opinion, was probably the ,-eal hanging wall of the vein. But it was a mutter of iu-difference iu-difference to the defendants which rock should be determined the bunging wall of the vein, lie expected lo show that a con-tiuuotis con-tiuuotis vein of oro could be traced from the Tenderfoot claim, through thatclaim and through the, Alaytlowcr claim. |