Show ILQUESTON OF APEX I I Case of Watson vs Butter I field Company on Trial I c PLAINTIFFS CLAIM 50000 f Executrix of the Estate of James S t Watson Deceased Alleges that tho I Butterfield Company Entered Upon Up-on and Took Ore from tho Drulii lummon Mining Company at BIng hnm Company Claims it Has the Apex on its Ground and Has aRight a-Right to Pollow the Vein I I Tho trial of the mining case of Harriet I Har-riet Ann Watson administratrix of the I estate of James S Watson deceased and Harriet Ann Watson plaintiff vs the Butlcrlleld Mining company and I VVllIard Kay was begun yesterday before be-fore Judge HUes with Judge Powers and Attorney L K Rogers representing the plalnllflfs and Judge Ilurkness and Attorney George Sutherland for the defense de-fense The plaintiffs claim to he the owners I of a half Interest In the Drum Lummon I mlnjng claim at Bingham and allege I that on December 15 1891 the Butter i Held Mining company which owned adjacent mining claims wrongfully and unlawfully entered upon the Drum Lummon claim and extracted there from large quantities of ore to the value of 40000 and damaged the mine besides in the sum of 10000 Plain tilts prayed for Judgment In the sum of sroooo The defendant company by way of defense alleged that with the consent I uf the plaintiffs It ran a tunnel below the surface of the Drum Lummon claim and that the plaintiffs were anxious to I have tho defendants make the tunnel fortho reason that It served to explore their ckiim It Is I then alleged that in making the tunnel a small vein of ore I was encountered from which a very limited quantity of ore was extracted The vein It Is claimed had its apex In the Eagle Bird mining claim owned by tho defendant and the defendant claimed the light to follow It and alleged al-leged that It was not twveln belonging to the Drum Lummon claim Defendants Defend-ants therefore prayed that plaintiffs action bo dismissed and that they be estopped from asserting any claim to lie vein in question The trial was proceeding at the hour of adjournment |