OCR Text |
Show ' SECOND MINE i SUITSJARTED Utah Consolidated Company Com-pany Counsel Outlines Plaintiff's Contentions. Evidence in Rebuttal Presented Pre-sented in Apex Case in Morning Session. I Tlw rtatl CAuoUl.ur-d Mtii. lit? coin- i ,., US ,'UK'I. O III K'l'Utllll j bri nwrntiuj ' in "K ''' PI rlflUa N.;,v roil thai company and the Utah Apex Mtnlitt company in llx I muM Siau-s tls- i e oiiiiiit of ih- se.-oiul smi Ajrm ho dfierniMii s.'SMon. John Llrii. V titorn for l!K' l'l"lt I'onaoi'.UulisI 00111 nv m . nenU llmm univouiu ed i tat the Conso.ulatod company was the A pialotitf and thai it would ahow that the P m c,u waa a llmoaloiie lode and way I .,..!- rallied. The first Mine called was Neil O Pon-a Pon-a draughtsman. The witness identified iden-tified i-erisln mars that wer.i In evidence. HasutlotuM -lv.it ii'.' MT-foot atop x' sad the Omaha sto,e whu h did not hp-4r hp-4r on n-.Aps thai hd been introduced : U ihe Apex company. 'some diavusaion arose at this point bo-iten bo-iten the attorneys on both sides as to t-e responsibility for the mapping, t'oiin-for t'oiin-for the I'tah Apex aul tV.ey had not laised this question for anv other pur-aae pur-aae except to bring out ine fact that xer draughtsmen had copied maps tht aV furnished to them by the Consolid.tt-,d Consolid.tt-,d .vntpanv a:id that :f there were a?. aaslsslcna tie I'tah Apex was not r.spon-ntxe r.spon-ntxe for them. Mine Foreman on Stand. X V. Mason and A. E. Kobinson. ixV-jshtsir.en :or the t'onsoUdatol con-.-ir. --so were itiinxiue?d witnese. Saidenttfy eertam maps. I- R. Lvff. mtnc furvman for the Consolidated, was the next mines. He said the Peterson raise was nu under the dlreottone of Mr. Peterson sf tie Apex company, beginning In July. I$15 He said there were s.tps in this i from three Inches down lo the thick-Bess thick-Bess of a knife blade up to the point where tkev encountered branch fau'.'.s and that uese were not mineralised until the flat fiolt was reached. Georre T. Wilcox, a machine man. was fcea introduced by the Consolidated and fltd that he had worked in this raise mer the diction of Mr. Peterson or aocie one from : e Apex company. JL X. Hunt, ceo'.cg-.s:. ws trie?: in'.n-aaced in'.n-aaced as witness for the Consolidated and presented a aectlonai map to compare alt: one of Professor Law son's diagram - japs. In h;s testinior.v he rt s.' rrade re.'erence to stopes that had been omitted "1 Etbe wire model as well as level maps. Be stated that to the best of his knowledge knowl-edge both companies endeavored to give fnH privilege as to t'.e underground workings. work-ings. Black Lime Present. Mr. Hunt gave testimony to the fact UaU there was much black lime that ker witnesses had thought was white fcoe and to verify this he presented a specimen of black lime. Judge Marshall, counsel for the Apex company, drew out the fact that there j. txs a similarity of the strike and dip o! the Dana-Leadville fissures though the witaeaadid not appear to think they were :he same. Judge Marshall further asked the witness if there were not a number of lead atopes he had failed to mention in his previous testimony and was answered that the witness might have mentioned BBiv two, but that he thought it was In a different connection. ! A C. Winther. superintendent for the - Utah Consolidated, was the next witness - lad testified as to ore in the Law son exhibit, and also as to the Peterson and Litigation stopes and the date when wrs was performed on the 1300-foot drift. Orrin P. Peterson. peo!oe:t for the B Apex com pan v. was recalled to the stand fr to furnish some data that he had omitted i his previous testimony. Outlines Case. ; Immediately after the noon hour the Consolidated company, through its at-. at-. torney, John Gray, made a general state-, state-, twit as to what Its contentions were in tiw second eulL He summed It up by earing that It was the plaintiff and that It would show that the Tampa was also i limestone lode and that it was mineral-ited. mineral-ited. He said that the theories were the anr.e as in the previous case, of the daim that the Highland Boy wae a lode and that the Tampa had been mined to depth and followed i nto disputed terrt-tory terrt-tory by reason of apex or lateral rights. M taat the burden of the proof of this VMid be upon the Consolidated company. com-pany. Perry G. Harrison, an enirtneer and ' (eologist for the Consolidated. aa the j witness introduced. At tins point a IJj. flatement was made by the attorney that tils issue would involve the Yampa llme-: llme-: me. in which the Utah Consolidated was plaintiff. , The Consolidated introduced a number J, maps, ana it was explained that the 1QJ ame co'or scheme as had applied In the " Previous case would apply in this. The , iuiesi told of the physical surface fea-'ores fea-'ores and referred to the outcrop In Off yurtnte bluffs. He said that the JJPa was the first location and ex-fWted ex-fWted Gossan rock taken from the oril?-Bal oril?-Bal discovery, and stated that the dls-wvery dls-wvery pit of the Yampa was intrenched C k "me8tone. He next referred to the .. ,. wwv Qn (he Keepaptchnln a3 ti,e -r oldest, followed bv the Rattlesnake, pares A. Dana and the Highland Boy "ratlins. ' Sivlng this testimony as to the lo-ypoa, lo-ypoa, an objection from Judge Marshall ;j raised as to hearsav evidence re-DV re-DV to the location. Also there was a "Kerenre of opinion over the counsel ta- as to whether or not locations were "ao on limestone or quartzite. " teordinates Levels. Jf' witness took up the entire after-Jn after-Jn session In his co-ordlnallon of vari-E vari-E '-ela, beginning with the Yampa J eolng next to the Parnell and finally j retro. In substance, his testimony f ''at the workings were largely In if, :,,M,lnestone, though some were in r , ar"1 that lhP nuartalto ores we , a ,1ff"'"ent character. The lime-Bl lime-Bl V ft general, he said, is black. Final -V "e eaid, the Petro showed many fifl-s fifl-s which dipped both east and west D, 8 very steeP- jWrt adjourned over today until Fri-P Fri-P morning at 10 o'clock. A i |