Diagram No. 3.

Diagram No. 3 is a copy of the Defendant's Exhibit E and of the Plaintiff's Exhibit 4, maps representing the 400 level in both mines.

On this diagram are represented the dykes and their junction, the Betsy stope, the Bush winze, the Hatton raise, Bucket raise, and important points around and connected with the Betsy stope country. Stations 427, 401i, 15, and 84 also appear hereon. Stations 15 and 84 represent the same point where the winze goes down to the Butterfly stope. There is evidence to the effect that on this level the vein, about 45 feet north of station 92 at the south end line of the Golden King claim, forks; the one fork passing north in the direction of the drift in line of stations a, b, c, d, e, 99, etc., and the other coursing west of north. What is called the "80-foot level" is between this and the 300 level. Here, on the 400, in connection with the 80foot level, is where the trial judge, in a written opinion, claimed there are shown two veins, one of which he said embraced the ore bodies in dispute, and terminated at station 427, which is a little north of the Betsy stope.

Diagram No. 4.

Diagram No. 4 is a copy of Defendant's Exhibit L, section H-H, presenting a vertical cross-section of the vein and the Finn dyke.

This diagram represents a projection on plane H-H, looking north. It is intended to show a section of the vein on its dip, according to defendant's theory, as it passes from its alleged apex; a part, called the "back. fissure," almost vertically to the deep, and the westerly portion thereof on its dip through the Finn dyke to the ore bodies in dispute under the Silveropolis and Consort claims. On the diagram the east portion or "back fissure" is indicated by light, the dyke by heavy, and the west vein by light stipple, shading, and the stoping by hatching. The line H-H is practically parallei with and about 25 feet north of the Silveropolis south end line extended, and the surface line and the levels and tunnels cut by the plane drawn to the 900 are indicated on the diagram.

Diagram No. 5.

Diagram No. 5 is produced from Plaintiff's Exhibits 17 and 26, maps of projections on line of stoping in both Mammoth and Grand Central mines.

This diagram represents projections of the mines of both parties. The contour of the surface along the line of projection, the different levels of the Mammoth mine down to the 1,900 and of the Grand Central to the 1,100, the different stopes, and line of stoping showing the line of greatest mineralization, are all indicated on this diagram. It presents a comprehensive view of the development and explorations of these vast properties. The

plane W-U, extends from the southerly end line of lot 38, on a course N. 7° 15' E., true, and the projection presents a longitudinal section of the vein, on its strike and dip, within the limits of lot 38 to the point U, to which point the defendant is admittedly the owner of the vein. This section shows the "east or back fissure," on its dip to the deep to be almost vertical. Here the apex of the vein is also admittedly within the limits of lot 38. The plane U-T extends from the point U, near the west side line of lot 38, where the plaintiff claims the vein departs from that lot, on a course N. 51° 30′ W., true, to the point T. The plaintiff insists that the projection on this plane exposes the vein on its strike and dip, while the defendant contends that its dip only is exposed, and that the apex is still within lot 38, and its strike parallel with the side lines of that lot. The contentions of the parties are the same as to the projection on the plane T-S, the course of which plane is N. 2° 15' E., true. The dispute as to these two projections is as to whether they expose the ore bodies OD the strike or on the dip of the vein.

Diagram No. 6.

This diagram represents the dykes and their junction, on the various levels down to and including the 800, with reference to the Silveropolis south end line extended, or a plane drawn vertically down through that end line. The courses of the dykes also appear.

The diagrams, thus made a part hereof, diminutive form, the numerous maps in evirepresent, although in a very condensed and dence, and are deemed sufficient to present, by way of illustration, the real situation and conditions of the subject-matter in controversy. They are intended to obviate extended reference to the descriptive part of the evidence, which otherwise would be necessary to a proper understanding of this controversy and of its determination. The record is so voluminous, the printed abstract thereof containing several thousand pages, as to preclude reference to the evidence, except only as to the most material points. The trial, having commenced on November 21, 1901, continued from day to day until February 1, 1902. The only issues tried were those formed by the defendant's last counterclaim and the answer thereto. The defendant introduced a vast amount of evidence for the purpose of showing that the vein or lode continued at its apex and on its course and strike within lot 38 from its south end line to and beyond the 1,100-foot line, and that the same was continuous and persistent on its dip to and beyond the Silveropolis and Consort mining claims, and embraced all ore bodies found in either of those claims lying south of the 1,100-foot plane. This evidence took a wide range, exposing the character of the open cuts, represented on diagram 1, to show

their indications of an apex, and the character of the numerous tunnels, stopes, and workings of the mines was revealed with much care and skill, in an effort to establish the fact that the ore bodies in question were embraced within a vein which had its apex in lot 38. Much evidence was introduced by the defendant to show that the vein passed through the dykes on its dip and not on its strike, that the vein consisted of a system of tissures, and that between the 300 and 400 levels one part of it, the "back fissure," passed almost vertically to the deep, and the western part passed, on its dip, through the Finn dyke, and included the ore bodies in dispute. The plaintiff introduced a vast amount of evidence to show that the vein wholly departed from lot 38 at a point about 695 feet north of the south end line of that lot, and did not continue within the limits thereof north of that point, either at its apex or on its course or strike, but from that point proceeded, on a course N. about 70° W., magnetic, in the direction of the line U-T, and thence N. 10° to 15° W., magnetic, in the direction of the line T-S. The introduction of this evidence also embraced a wide range. The effort was to show that the character of the material in the open cuts, north of the point U, was not materially or practically 83 P.-42

different from that found generally in the limestone area either east or west of lot 38; that such material as was found in those cuts, consisting only of limestone, quartz, calcite, and earth stained with different forms of iron oxides and manganese, without any appreciable value of any of the precious metals, was not necessarily indicative of vein in that district; that the same kind of fractures and crushed material, occurring within the limits of lot 38 north of the point U, also existed in the limestone east and west of that lot; that no apex appeared on the surface of lot 38 north of the point U; that the vein in dispute, at the northern limit of the Cunningham stope, near the point U, crossed the western side line of that lot, passed through the dykes, and proceeded on its strike in the direction of the lines U-T and T-S; and that there had been faulting along the Finn dyke, which had caused either a drop in the hanging wall or a raise in the foot wall country, accounting for the difference in the elevation of the ore bodies in the two mines. The maps on both sides substantially agree in what is represented. The results of the assays of very many samples of material taken from the surface and underground workings were introduced in evidence.

On the subject of subsurface explorations