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Show THE TOWNSITE WAll. ... ,.... THAT INTERESTING EUREKA CASE POPS UP ACAIN. Attorney Illrd Takes Judge Foot Over the Ground Whose Character is to be Determined Pretty 8oon The Latest Proceedings. The preliminary work tu the matter of the application for the Eureka townsite was had before Judge Hobbs at tho laud olllce yesterday. yester-day. The snow on the mountains detained the witnesses until a late hour. After a squabble or so on the part of the attorneys Probate Judge Footo of Juab county was called to the stand for cross-examination. Ho said that ho had known the township of Eureka for four yoars and had visited it frequently, fre-quently, although lie had kept no mem. oranda of tho improvements nor increase in population. Ho estimated the population at from 1000 to 1200, and took his data from the census of lb'JO, at which timo there were about 1700 people. Tho Improvements Tie valued at J00,0U0. This morning's session began by a motion from Attorney Bird to the effect that the copper mining claims be excluded from the townsito entry. It -was granted. Mr. Bird then took up Judge Footo again for further cross-examination. "What improvements arc upon tho east end of the townsite?" asked Mr. Bird. . "The bulk of thera, in my opinion," replied re-plied Judge Footo. "I will call your attention to the Horae-stake Horae-stake mining claim in United States iot 2i", and abk what personal examination you made of that ground to discover what mineral there Is upon itr" "I mado no special examination." , "Can you, from your personal knowledge, say whether tho binds embraced witniu tho Uomestnke claim are of a mineral character!1" char-acter!1" "Can't say." "Isn't it within close proximity to mines that are bein)? worked and paying, and wouldn't you judge it to be mineral ground the same as the north extensions?" "I am not well enough posled to state. I looked tt it hut could not determine about its bouudaries." "Is your opinion as to the Wolftone the same as it is of the north extensions of the Zulu valley and Ridge r" The question was obieeted to and withdrawn. Homerule claim are not mineral in character?" char-acter?" ".My Impression is that no mineral has ever heen discovered there." "Who told you so and how did you get that Impression ?" "From general observation and from talking talk-ing with people who told me that no mineral had ever beea discovered there east of 1 certain cer-tain line." "1 think you misunderstand my question. I think you said your examination of the Homerule was passing overthe county road. Will you swear from that examination that the land is non-mineral. I mean from your personal knowledge, not what others have told you?" "I could not swear that there is not mineral min-eral there, although I saw nothing to indicate workings." "If you confined your examination to the county road you (I'd not make an extended one, eh?" "I did more than that. The town of Ku- reka, iu a great measure, lies in a gulch, I went up and walked around both sides of it for my own satisfaction." "Did you go to the shaft also, to the dis. covery of the Homo Kule at the time of this examination V" "I did not." ''I will call your attention to tliat part of the Little t hief lode claim embraei I within the application of the townsite i ti try, and ask whaL examination you made ox the surface sur-face ground of that claim, or of uny workings, work-ings, to determine if mineral was being taken out or work being done in mineral?" "I am not well enoiighacquainted with the boundaries to state." "You have stated In your aflidavit made, for the puipose of acquiring a townsite, that you are acquainted witii all the lands embraced in tho application, and testified on cross-examination lhat you had a map showing show-ing the lands embraced and also the mining claims. Now I will call your attention to the Little Chief as laid out on the map the townsite and ask you, after refresniug your memory, as to the location of the claim within the boundary of the townsite if you can tell mo. if you found uny mineral workings upon the Little Chief ?" "I am not well enough acquainted with the boundaries of tho mineral claim to answer an-swer whether there was or not." "Are you well enough acquainted with the location of that claim to testify whether you were on the ground or not?" "I should judge that I did walkover a part of it, although I did not know what it was at tiie time." "Then you can't sin-ar that this land is lion-mineral in character?" ".No." "State what personal examination you made of tho Wolftone, and what workings you found in mineral." "Dou't remember seeing any." "Can you Bwear there are not mineral workings upon the Wolftouo mining claim, and were not at the time you made tho examination?" examina-tion?" "I saw nothing to indicate onyihiug of the ; kind." "Did you go to any shaft, ore-worked for mineral on that claim?" "I did not." "How much of the surface did you examine?" ex-amine?" "Not knowing the boundaries I could not answer." "At tho time you made your aflidavit in this ease, state whether you had a map to show the different locations." "I think 1 saw one, but did I not have one myself." "In making that examination you 6ay that the lines of the Wolftouo were not shown?" "My attention was not called to them." "You stated on cross-examination, and also in your direct affidavit, judge, in different differ-ent places, and also made a non-mineral alli-davit alli-davit in which you stated that all the grounds in the Eureka townsito are non-mineral non-mineral except those embraced on the North Extension, Zulu Valley and Kidgc and Consolidated Lode, yesterday you said on cross-examination that your opinions and affidavits were based upon tho fact that these claims were in close proximity proxim-ity to paying mines. Is it not a fact that the Wolltone is in just as close proximity as the mines you have excluded?" "1 do not think it is as close as the others." "What paying mines did yon refer to upon which you based your opinion of the niiii-oral niiii-oral character of the. lands embraced withiu the Zulu Valley Kldge and others?" "The lliillion Heck and Champion, the Red Bird, the Keystone, and the Eureka Hill." "What is the distance of the last named claims from the mines you first named?" "fome are not over twenty rods, some are farther." "What is the distance of the Wolftouo from these mines you referred to?" "Thirty or forty rods." "What dislance is the Homestakc from the paling mines you have named?" "Somi thing farther, I think." "From your personal examination made "from your personal examination made of the ground embraced within the 'Wolftone are you prepared to swear it is not mineral in character" "I am not." "From vour examination of the Home-stake Home-stake would you swear it is non-mineral in character!"' "If I am right in my location I think I saw no Indications of mining having been dune, but I did not get auy general information." informa-tion." "Are you willing to swear the laud is non-mineral non-mineral ?" "No, sir." "Calling your attention to the Homerule on the townsite man I would ask you what examination, if any, you made of tho land withiu that claim for the purpose of discovering mineral, or for mineral work- inc-s?" "Only in a general way in passing. I saw nothing to indicate it." "Are you willing to swear that thero are no mineral workings on that claim?" "No sir. There might be but I did not see them." ".State how much surface ground on that claim you went over." "The county road runs directly through it." "And your examination was then con-fined con-fined to riding along the county toad?" "Yes." "From that examination arc you willing to swear that the lands embraced withiu the |