Page:Federal Reporter, 1st Series, Volume 3.djvu/381

 Sli FEDERAL RePORTEB. �or gangue that may have been found on the western face of the limestone. It is not my purpose to go over the evidence on that point, or even to mention the principal points in it. That has been done by couneel, and you are to consider ail that has been brought before you on the subject. But I draw your attention to that theory, and say to you that if the vein or Iode was formed in the way supposed, in connection with a much larger extent of the same matter, and this part, detached from another, was brought into its present position by some movement of the country, occurring after the Iode was deposited, that circumstance will give it unity and individuality as distinguishing it from every part to the west of it. And, if that theory be correct, the occurrence of ore or gangue on the western face of the limestone is not material, for the uplifted part lying on the upper face or plane of the limestone to the eastward, having been detached from the mass of which it was originally a part, gains by that circumstance a new end or terminal point, by which it may be held. In that view the fissure, if any, on the western face of the limestone, occurring after the other in point of time, has a distinct character of its own, and if it carries ore may be taken and held as a distinct Iode." �You understand, gentlemen, that it may be separated from the other, originating at a different time, and thus having a different character, although it connects, at the points men- tioned by witnesses, with the other fissure; it may be re- garded as a distinct body in it itself, which may be taken as Bucb, if it has anything in it of value. �"In that view, if you find that it is sustained by the evi- dence, the plaintiffs have the top and apex of the Iode in their location, and I do not discover any other point which should give you difficulty in arriving at a verdict for the plaintiffs. And, generally, in support of that view it should be borne in mind that a fissure on the western face of the limestone, de- Bcending with the slope of the hill, would seem from its posi- tion, and may appear from the evidence, to bave but little value; and if by taking it in connection with another fissure, standing at right angles with it, or nearly, the latter carrying ����