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Show Witnesses Limited as to Time, Applies to Mining Cases Only and Has Worked Well. Hearing of Bingham Apex Suit Between Be-tween Pox and Wall Vs. United States Mining Company. Tho "Colorado rule," a. new departure depar-ture In Utah In mining cases, was put In forco by United States District Judge John A. Marshall .yesterday morning. The complicated caso of Fox and Wall vs. the Unltod States Mining Mi-ning company will be tried according to this method of procedure. The rule in question limits the time of witnesses. wit-nesses. Each party litigant Is allowed one witness with unlimited time. The other witnesses are given two hours each, this to Include both direct and cross-examination. Rule Works Well. The rule has been tried In the Colorado Colo-rado courts and has been found there not only to expedite matters, but to be very fair. In the case now on trial the plaintiffs waived Jury trial and the court Is considering the evidence as presented. Tills Is in the nature of explanations ex-planations by mining- experts o'nd mine owners of charts and maps. Tho simple facts and allegations at Issue are these: Tho action is one of trespass for damages for ore alleged to nave been mined by the defendants from beneath tho Red Rover mining: claim. This claim Is owned by tho plaintiffs. The defendants on the other hand, claim It belongs to them. The value of the ore mined is nominal. The operations on the body In litigation have Just begun. But the value of this -ore body Itself Is very high. Apex Question at Issue. It Is tho old Question of apex and dips. The defendants have put forth this defense; They maintain that the ore body in controversy lies In a vein which has its apex in the Roman Empire Em-pire and Montana mining claims. They claim that this vein, thus apexlng In the Empire and Montana, passes on Its dip beneath the Red Rover and Includes In-cludes the ore In controversy. To prove or disprove the respective sides of the case owners and experts will be bu3y for the week explaining-charts explaining-charts whose complicated network of passages is honey-comb like. Ogden Hlles and H. C. Edwards represent the plaintiffs. Dickson. Ellis, Ellis & Schulder, Sutherland, Van Cott & Allison Al-lison and Judge Andrew Howart appear ap-pear for the defendants. |