the witness Akers, for the defendant, in part testified: "The highest workings, and I may add, also, the highest workings of any magnitude, within lot 38, is what is known as the 'Condon tunnel.' Its elevation is 7,209 feet above the sea level. It is run out first through country rock, the general limestone of the mountain, until it reaches this dyke. The entire cross-cut is in shattered, broken, stained, altered vein material to its face." The Condon tunnel, the witness says, goes through the same kind of vein material to the surface; also the Condon winze, which, he says, goes down from the Condon tunnel to the Finn level, 175 feet, in a streak of the vein, and then the O'Brien winze continues down in the same material to the 300 or Mammoth tunnel level. He says: "The Finn tunnel enters the surface at the point about 25 feet west of the west side line of the Golden King location, a distance of 51 feet from survey station No. 7,036." This tunnel. follows practically the foot wall of the Finn dyke, and the witness says that from the foot of the Condon winze north it follows a streak of vein, and that near the foot of the winze at raise No. 7, on the Finn level, there is stoping. He further testified that the Finn tunnel from its mouth runs in as a crosscut until it reaches the vein, and that "the most easterly workings on the Finn tunnel at a point in the Finn tunnel cross-cut where we have vein matter, it is shattered, rather broken towards its face. I can say it is within the vein, and within a few feet of it ore might be disclosed. Speaking generally, there is no working south from this point on this level, nor is there from the Finn tunnel level in the cross-cut. In those instances, from intersection on the surface, I should say that a cross-cut drifting out almost in any one along through the Finn tunnel level, in other words, would stand a stronger probability of encountering ore." He also says that "from the stope in the Finn level the Trapeze raise goes through to the surface, and is there known as 'incline No. 1,'" and that dyke is also defined in the Golden King level, is 41 feet above the Finn level, and "the Finn tunnel wall shows fractured streak altered limestone to its face." The witness Learned says that the Finn tunnel cross-cut, from where it leaves the tunnel near station 03, "going westerly through 021, 21, and 24, thence to the face, is in vein lime," and that broken lime is usually vein lime in that mine. The Plummer tunnel enters the mountain at a point 45 feet from corner No. 4 of lot 38, and Mr. Akers testifies that the tunnel is in vein and ore at the south end and to its north end shows ore in places, shattered lime, and vein matter. North of the East raise stope the tunnel runs along the east side of the dyke and shows the point called the bottom of the O'Brien winze, although that winze down to the 300 level, and, according to the statement of the witness, discloses ore.

The witness, having had his attention directed to station T on the 200 level of the Grand Central, where there is a winze and where some ore was represented on the map by coloring, testified: "Q. What was it intended to represent? A. A little detached ore streak, which, in my opinion, had no continuity in any direction. Q. Is it possible, then, to have ore bodies without continuity in any direction in this country? A. Well it might have come along some minor fracture and been a branch or stringer leading off from that fracture, forming ore at that point. Q. Does it form ore there? A. Yes." Respecting the Mammoth tunnel or 300 level, the testimony of the witness is to the effect that the workings are in ore from the shaft north to the Bush winze, at the north end of the Betsy stope; that the Bush winze starts down on the east side of the Finn dyke, and passes through the dyke 63 feet above the 400 level, and at that point "the vein branches in its downward course into the earth, the minor portion, the small portion, going down almost vertically, and the major portion passing through the dyke to the westward"; and that at the Watson winze, north of the 1,100-foot line, the vein has also passed through the dyke and ore is revealed in that winze. Further testifying. he said: "As we proceed northerly we find the vein diverging, the intersection of the dyke having been at the point, rather the plane of the crossing of the dyke and vein will always be an ascending inclination going northerly, and for that reason we have what I believe to be this portion of the vein disclosed with the Watson winze."

It will be noticed from the testimony and diagrams that north of the Bush winze the main tunnel follows the foot wall of the dyke, but there is a branch running from the winze at station 31a, and another from station 32, to the Dago raise and across the north end line of the Golden King claim, with a branch from station 184 in a westerly direction to and beyond station 186; also a cross-cut from station 36, running west to a point near the western side line of the Golden King claim and thence northerly a considerable distance. While the testimony of the witness refers to vein matter, crushed limestone, clay material, and the like, it does not show that ore of any considerable quantity was ever found in any of those northern workings beyond the Bush winze. Respecting the branches of the vein as claimed by him, the witness testified: "The foot wall of the dyke would be the hanging wall of the easterly branch of that vein, and that portion of the vein remains on this side of the dyke. The western branch of the vein is not distinctly divided in that crosscut; hence I am unable to say whether it is between stations 107 and 26 in the drift that has been run, or whether it approaches more nearly station 107, or rather the western limit of the dyke. Q. Going west to the

foot wall of the dyke, from [station] 187 to 31A, in the face have you any ore? A. It is not commercial ore. We have shattered lime and clay. Q. Didn't you say that the only line of demarkation that you had between the ore in the east, vein and the ore in the west vein is that dyke? A. I did. Q. If that is the only line of demarkation, why wouldn't you take that as a foot wall of the westerly branch? A. Because there are conditions west of that point that you name, that is crushed and shattered lime and clay filling in the mass of the country, and there is no particular portion where it is-where the crushing ceases and the solidity begins." The workings on the 400 level extends north to within about 50 feet of the 1,100-foot line, and the witness testified that on that level the “dyke and the vein" are "closely intermixed"; that the corkscrew raise, just north of station 86, is in stoping ground; that a winze between stations 101 and 103 goes down into old crushed stopes above the 500 level; that the Bush winze extends to this level, after passing through the dyke; that the main portion of the vein is west of the dyke on the 400 level; that the Hatton raise shows mineral and vein matter from the 400 to the 500 level; that the workings of the Grand Central mine on this level are mainly above the vein, but where the drift passes off to the north at station 17 there is a showing of vein matter, and at station 15 there is a winze going to the Butterfly stope, and as to this winze he testified: "Q. Does this winze from the 400, at the top of which you have ore, go vertically down into ore in the 600 level? A. It does, sir, into what I believe to be the hanging wall of the vein there." He has discovered no foot wall on this level, but has found the hanging wall at the face of the Grand Central 400 level east of station X. On the Mammoth side "the main level," says the witness, "follows the vein foot for foot on the 400, and is quite extensively stoped to a point marked 'Raise,' distant 45 feet north of the south end line of lot 92, Golden King location, where it forks, one portion continuing approximately in the direction of the main drift, and the other diverging more to the northwest. Both of these workings show branches of a vein, and the McIntyre winze, of which we have the top on the 300-foot level, is shown." The witness also testified: "Q. Now, I draw your attention to the 80-foot level again, and ask you what you have at that level, there intermediate between the 300 and 400? A. It is on continuous ore throughout, as is also the winze marked 'Bucket raise' down to the 400. Q. How far up there do you go? A. About 30 feet. It is called the 'Copper raise.' I could see a drift leading off-an incline working, rather. It looked as though the ground had been stoped beyond. The drift running off went in a generally northerly direction on the 400 level. There is found

the stope marked the 'Betsy stope,' and also the stope marked the 'Klondyke stope'; the Klondyke stope being the larger of the two on that level. The Betsy stope is indicated upon this level as caved."

On the 500 level, the main tunnel is east of the dyke, and from station 543 north follows along and in the foot wall of the dyke. At station 537 a drift departs from the tunnel in a northwesterly direction to and beyond station 557. As to that drift the witness in part testified: "Q. What have you in that cross-cut out to its intersection with the dyke? A. We have limestone that shows very little shattering. Q. What have you as you go through the dyke? A. We have the dyke and the vein a good deal mixed there. Q. Have you any part of the vein in that cross-cut as it traverses that dyke? A. My recollection is that we have, sir. Q. Look at your notes? A. I have no notes concerning it. Q. Is it not as barren as any other portion of that dyke? A. No, sir; not in my recollection. Q. Does it carry ore? A. I can't say positively as to that. Q. Does it carry anything that will yield a trace? A. Well, my notation on that is not very clear. Q. Can you say? A. I will not say." From the workings, disclosed by the testimony of the witness and the maps relating to the 500 level, it seems the ore and mineralization decrease and the ore gradually fades out within a comparatively short distance, either north or south, from the ore bodies which would be cut by a plane drawn vertically down through the Silveropolis south end line extended. The top of the Butterfly stope of the Grand Central mine appears on this level.

On the 600 level, the workings also present the appearance of the ore fading out as one proceeds north or south from the main ore bodies. The witness says: "The Earl raise on the 600 goes up to the 500, and from there you go south entirely within ore, to a point marked station 43, and thence on; I have marked the station 43% where you encounter the cross-cut running in a westerly direction for a distance of 80 feet, where you reach the stope, now caved. That stope is stoped out continuously through to the 800-foot level. The stope on the 600 is one of the ore bodies in dispute, and is part of the vein in dispute. The crushed stope on the 600 goes down to the 700 on plane F-F on the longitudinal projection. Q. Where do you find the apex of the vein, which you describe lying along from the 600 down to the 800, and below it? A. Within lot 38, and overlapping, both east and west, lot 38; lot 38 not being wide enough to cover the apex, in my opinion." The witness also states, as his opinion, that the back vein is a "stringer or dropper" from the main vein; that the ore bodies and vein, under the south end of the Silveropolis claim, on the 600 level, clear down to the 800 and below, arc within and on either side of the side lines of

lot 38, and that the vein consists of a "series of fractures having a course generally of about N. 20° E. by S. 20° W. in the upper portion." On this level there are two parallel drifts running nearly parallel with the dyke, and at station 49 of the westerly drift there departs a west cross-cut into the Silveropolis ground, where, the witness says, it has reached the vein. At station 643 of the easterly drift there is an east cross-cut extending beyond the east side line of lot 38, and a west cross-cut extending to the west side line of lot 92. The cross-cut, the witness states, is in hard blocky lime from station 643 for a distance of 468 feet, where he claims he encountered an independent vein consisting of crushed and iron-stained material. He further states that he has not found the foot wall of the vein on this level, but believes it is about 20 feet east of station 643. The hanging wall, he says, is at or near station 5 of the Grand Central 600 level. The witness McIntyre testified that the west cross-cut was in vein material, and that these cross-cuts were made about 15 or 16 years ago. On this level the Butterfly stope has been productive of much ore. As to the ore on the 600 level, with respect to the dip and apex of the vein in which it is found, the witness Earnshaw testified: “Q. Do you think the ore in the Grand Central workings on the 600 also finds an apex in lot 38? A. I think so; yes. Q. You have no idea what angle of dip would be requisite to carry you from that 600 level into lot 38, have you? A. No, sir. Q. It [the distance] would be over 1,500 feet, would it not? A. Somewhere thereabout. Q. But still your opinion is that any work paralleling thatwithout knowing the distance, your opinion is that this Butterfly stope and the ore north of it on the 600 level finds an apex in lot 38? A. I think it does."

On the 700 level is the cross-cut, 600 feet in length, from station 25 on the Mammoth side to station 15 on the side of the Grand Central, in which cross-cut connection was made between the two mines at station 18, appellant's map. The witness Akers says that the material through which that crosscut runs is dyke and fractured limestone; the witness McIntyre, that it is in barren rock throughout; and the witnesses Watson and Cox corroborate this. The witness Akers also stated he had not found the foot wall of the vein on this level, but thought the hanging wall was about 30 feet west of station 9 in the main Grand Central cross-cut. Connection between the two mines is also made near station 7 at the Bradley-Consort line, in the main drift. The witness says there are two branches of the dyke on the 700. They diverge, going north, as on the levels above and below. Referring to the main vein in the Grand Central ground, the witness, after stating that its course was "about N. 15° to 20° W.," testified: "Q. Now what is the distance between that cross-cut that is midway between 15 and 16 back to the boundary line

between the Consort and the Bradley? A. I make it 1,110 feet, sir. Q. How far northerly have you, not only what you call vein material, but actual ore? A. Why it is mineralized quite generously, I think. Q. Now, it being 1,110 feet between the points you now give, how far do we have actual ore stored along that level? A. The stopes, sir, I could not say. I said good ore. Q. Have you a that part of the work in the Grand Central 700 fissures or a series of fissures? A. Yes, sir. Q. Could you follow them from where you have the most northerly ore clear back to the Consort-Bradley line? A. We followed them, yes. Whether that be along the central portion of the system of fractures I cannot say. Q. Now, when you get to the ConsortBradley line, the ore makes off southeasterly as shown upon that map? A. The stopes make off southeasterly. I was going to say that the ore as far as I saw it continues southeasterly." Speaking of a series of fissures, the witness testified: "Q. Could you follow them from where you have the most northerly ore clear back to the Consort-Bradley line? A. We followed them, yes. Whether that be along the central portion of the system of fractures I cannot say. Q. And about what is the course of that line of fractures on the 700? A. N. 15° to 20° W." The testimony of the witness Learned shows that from a point north of the Silveropolis north end line, about station 15, going southerly, there is practically continuous ore on the level to near the Bradley-Consort line, a distance of about 1,110 feet, where the ore bodies change to a southeasterly direction and continue about 300 feet further in that direction.

On the 800 level is the Tranter drift, which connects the two mines. The witness Akers testified: "Q. How many branches or streaks of the vein have we on the 800 level altogether? A. Altogether there are four shown on the map. I have not been able to fix the foot wall of the entire vein anywhere on this level." But he thought he had found the hanging wall 20 feet northwest of station 24 in the King William claim, at which station, in his opinion, the vein passes "out of working to the northeast." The witness further testified: "Q. Give me the most extremely northern ore you found on the 800 level of the Grand Central, from the Consort and Bradley, and then give us the length? A. The face is in ore, but I don't know that the entire working from corner 5 to point 30 feet north of the working marked 'winze,' under the King William surface, is in ore throughout its entire length. It is substantially, however, in vein from a point which I understand to be station 8; thence north, to the working marked 'Dago winze,' I am in limestone, but would add to that that I believe the vein to be slightly to the west of that drift. Q. Passing thence north through stations 13 and 14, out to raise 15, what have you? A. I have the vein passing out of the drift, practically at station 15, going on to

raise 15. I am in vein between station 14 and 15, and the workings on to the east, and to the west; but I have no notation covering the raise at station 15, concerning which you have questioned me. From station 15 to 16 I have quartz there in the working, and ore just to the west and at the south vein, and running from station 16 to 17 I have highly silicified lime for that 30 feet, and from station 17 northerly I have vein, though I cannot say whether the ore is merchantable or not. Q. Now, when you go to the ConsortBradley line, the ore makes off southeast, as shown on this map? A. The stope makes off." The witness Watson described the workings, including the.Tranter drift, of the Mammoth 800 level, as follows: "From station 4 to station 6 it is in lime, and in crosscut from station 4 to the west we have shattered lime, out to station 120. Then we have vein and ore, and a drift running to the south in the main or east drift. Running northerly and southerly we have vein-carrying ore. Now, along the Tranter drift, that runs from the drift I last spoke of towards the west, between stations 9 and 10, blocky lime, and somewhat softened in places, along a bedding plane. It is lime and fissured in some places in vein material, down to near station 11, and from there it is dyke material, 65 feet with the dyke, on clearly defined; and after passing the dyke material we have, as nearly as I can make it, from there on to the stope, broken lime, crushed; and now, taking the drift, we get it just before reaching the stope, that runs to the southward, that is in vein material. In that drift we have a winze and raise, and the winze goes down to the 900, and I am not positive, but I think the raise goes up to the drift, just above the 800 level." The witness says the workings to the north of the Tranter drift are through shattered and stained limestone to about station 159, where, in a drift running west, he says, there is a winze with copper ore in it, and beyond that station north to the end there is vein material. He also stated in effect that the developments in the mines had not been sufficient for him to determine whether, on any level, the workings extended easterly beyond the foot wall boundary of the vein.

On the 900 and lower levels the conditions, so far as the developments are shown, are similar to those on the 800 and 700. The diagrams indicate sufficiently the depth to which the developments in both mines extend. The testimony of witnesses for the defendant shows not only that the vein on the various levels consists of a series of fractures or fissures, some extending northerly and southerly, some northwesterly and southeasterly, and others northeasterly and southwesterly, but also that in both mines the strata or bedding planes were broken and shattered, and tilted in "every conceivable direction and to all degrees and angles of inclination."

Respecting the width or exterior limits of the vein, the witness Akers testified: "The boundaries of this vein would be the limits

of the fracturing which had occurred and been produced by the dynamic forces exerted in creating the vein. Q. And so far as that fracturing extended, so far you would claim your vein extended? A. Plus any additional width of ore or vein matter that might be produced by metasomatic change. Q. Would you claim that the limits of your vein were coincident with the limits of the fracturing? A. No, sir; not where replacement had changed the limits of the fracturing. Q. Would you claim that your vein extended at least as far as the limits of the fracturing? A. Yes, sir." The witness also stated that the vein was a "fissured section of limestone," and the witness Watson testified that, as he understood it, the vein was "bounded by the fissuring," and that "if the fissuring were all connected" and "extended 4,000 feet" he would say the vein extended that far. He could not determine from the developments on any level whether any of the workings extended beyond the foot wall boundary of the vein. From the testimony of the witness McIntire it appears the vein, as shown by the developments, on the 900 level is nearly 900 feet wide, on the 700 level 1,050, and on the 600 level 1,020 feet in width. This witness said that if, on the 700 level, a cross-cut were driven through barren limestone all the way from M, a point at the northerly workings of the Grand Central, easterly to M-4, a point at eastern limit of the vein, as fixed by him, distance 1,050 feet, and ore bodies appeared at M and M-4, he would conclude they were in the same vein.

Respecting the "back fissure," the witness McIntyre, speaking of the 800 level, says that from station A, near that end line extended through stations 153, 155, 157, and beyond the 1,100 foot line, it is in ore all the way, and is what is called the "back fissure"; and, referring to the 700 level, he said: "Q. Going again to the ore here east of station 33, at the point marked 'Raise,' and directing your attention to the ore and vein matter, which you stated you had there northerly along that drift to and beyond the 1,100-foot line, I will ask you if that is not what you call the back fissure? A. I call it the back fissure." The witness also says that on the 600 level the main drift, from station 40 to the 1,100-foot line, is in the back fissure and in vein matter; that on the 500 level the drift running from station 80, past raise from the Silveropolls south end line extended, stations 81, 82, and 583, to 542 on the 1,100-foot line, is in ore and on the back fissure; that on the 400 level the back fissure extends from the raise north of station 92, thence north through stations a, b, c, and d to the face of the drift, and thence on through station 99, being where it crosses the Silveropolis south end line, 90 feet west of the west side line of lot 38; that on the 300 or Mammoth tunnel level, the main drift runs across the Silver