# Transcript of Record — Minerals Separation, Ltd. v. Butte & Superior Mining Co. > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386004_0140%3A4 ## Record - **Collection:** Supreme Court brief - **Document type:** Transcript of Record - **Published:** January 1, 1919 - **Citation:** 250 U.S. 336 ## Text INDEX TO VOLUME IV. Original. Print Testimony of John Warne Dhillips..............6. eee eee Zs71 167% Frank R. Wicks (reenlled)........6.60eeee 21 1710 Asthar Vay Taggntt.ccccescovcesecevsvces ZS 1716 a Oe, See ee BOLT 1758 Wilder DPD. Baneroft.......... Speeucesseses 3132 1810 BG. W. Beretta... cccceseccesccescccvess Bs Sy) 1s60 Ben H, Dosenbach (recalled)......... énvew Caen ISS4 Arthur Fay Taggart........-ceceeves re 1948 Ben H. Dosenbach (resumed)............- S430 1M Wilder D. Bancroft Creealled)..........66. 3476 1981 Frank R. Wicks (recatled) ...... 666.6600 S4S3 1084 Bdward W. Engleman..cccccccccccsccvcces S501 1903 a. PerPrrrrrrrrrrrrrrrerrrriih . S506 1906 Ralph Augustus Conrads........6.0.0ee eee M12 109 Frank G, Janney......... TTT TILT TT sveeves Bea | 2008, Arthur Fay Taggart (recalled)............ ane 2008 Frank G. Janney (recalled) ..........0.06- BOSG LO8T Edward W. Engleman.........eseeeeeeeee SHSS 2088 Samuel DP. Sadtler.........- Sevevevesercs . 600 2044 Thomas A, Janney.......... Seneeceveveves STM 2130 David Douglas Punchon........ cece eee eee B40 2105 Rex Sutherland.......... eeeveerees cesses Gaae 2167 Samuel P. Sadtler.......c.ccceceeevevvees SS) 2169 Ben H. Dosenbach (recalled) ............6. 3861 2172 te Btn latte cand ad telat Mela tea ok ek ae a o~ or Tope rer ae _~w HUTTE 4 SUPR. MNG, CO. VS. MIN, SEP., LTD., RT AL. 1047 2851 Tuesday, April 24, 1917, 10:00 a. m. Sawees. P. Saerien reeumed the eand for further Direct examination, By Mr. Seott: Q. UM. Doctor, 1 think lest night when the court adjourned you were giving a description of some kind of apparatus which you con- sidered suitable for the Everson proces, and in existence at the time the Everson invention was made, If you have not finished your an- ewer, you may continue’ A. 1 cited two forms of apparatus, both taken from what might be called the dairy industry, will next cite an apparatus which is already of record, namely, the extract from the treatise on the chem- istry of the manufacture of soaps and candles, which was introduced by Dr. Hyrne to illustrate a form of apparatus which was capable of entraining air lbw means of rapid agitation, (page 402 of the original Hyde record), We have an illustration there of the ap- paratus, and the description is the description of the class of soaps whiel: are made by the aid of thie apparatus. The heading is “Flotant Soaps.” “Under this tithe are designated those soaps which, when in a state of paste, are batted or inflated with air, by whieh means ite buoyancy becomes such that the soap floats in water.” And after describing the material from which these soaps are 2852 made and the proces of preparation, we have in the last part of the description: “When the mas is in perfect fusion it is agitated with a swirling fan, figures 4 and 55, until it frothe and foams to the top of the veel.” I consider this apparatas as a form of apparatus which is per- fectly adapted to the process of aeration in connection with agitation. If a soap in the form of paste could be inflated with air by agitation, it is olwious that the relatively thinner, floating pulp, admixed with vil, could be aerated by the same form of apparatus, by the use of agitation, which is of course capable of being done by power as well as by hand, That is the third illustration of the apparatus adapted for aeration bw means of agitation, which results in the production of an aerated froth under these conditions. The fourth illustration in the prior art goes to another industry, In the purifying of linseed oil it is necesary to carry on a purifying step in whieh the crude oil is to be aerated with a view of causing the separation of impurities, and I find in a book whieh was pub- lished in 1882 (Die trocknenden Ocle, by Louis Edgar Andes, on lished in Braunsweig, 1882), and which I have bound and which has been in my posession in my library since 1883, a description of the appease known as the “cataract” machine, and photographs have been made, illustrations have been made of the apparatus, that 104—Ree. 1668 BUTTE 4 SUPR, MNG. CO, V8. MIN. SEP., LTD., ET AL. is, a page showing the apparatus together with a title page to the wy and I will translate and put in English, therefore, the de- scription, The description begins on the ing page, on 2853 page 37, and ix continued on a8, w this re is given, at the top of the page, w reference is made to the entraining of air, But I will read the whole description : “The cataract machine built by the stock company for the manu- fucture of machines and the oil industry at Barell, in the Grand Duchy of Oldenberg appears «pecially adapted over all other ma- chines of like character used for the rapid purification of oil, to dis place them in use, and the same therefore ves entrance into all varnish and lacquer establishments, Figure 6, on the following page shows a vertical section oom Se machine, The oil to be purified is filled inte the iron cylindrical veel up to a certain mark, On turning the rotating wheel F, the blades, Fl, are moved in rapid rotation. The oil rises in consequence of the action of centrifugal force on the walls of the veel and is then thrown by the baffles, £2, and a ring lying abowe and is thrown together into the middle. The oil therefore makes a circuit and during this cireuit there is so intensive a mixing and so powerful an agitation, and thereby so intimate a bringing in contact with the atmospheric air as can be obtained by no other machine and can be accomplished in no other | way. Therefore this machine adapts itself very well to the purifying of oil; and in addition to that can also be used for the mixing of varnish or lacquer with colors, The stock company above named luikls this ‘cataract machine’ of from twenty to four hundred 28534 liters capacity, and such a machine of one hundred to one hundred twenty-five liters capacity with iron vewel and rotat- ing cover, together with the large driving wheel for hand use costs 250 marks f. o. b. Barell. Larger machines are delivered, provided for power driving by means of pulleys.” That is the deseription and the apparatus shows very clearly that we have there a powerful agitation, that agitation especially adapted for the entraining of air because of the construction shown, that is, the upright baffles and the es ring which serves also as a horizontal baffle, and, as described in the account, the oil thrown first to the «ide by centrifugal power is then deflected and thrown in by reason of the horizontal baffle and that action of the vertical baffle ; amd, as stated in the description, the oil makes a com cireuit and thereby entrains the air and is brought in most complete contact with atmospheric air, This is adapted for the carrying out of aeration by agitation and we will show the Everson process with the aid of it, Mr. Williams: Yuu said agitation by aeration. You did not mean that; vou meant aeration by agitation, A. I meant it the other way. Mr. Williame: Just — it, if you please. Mr. Scott: If there is no objection to the photographie copy instead of offering the whole book I would like to offer the photographie copies of the pages. as HUTTE 4 SUPR, MNG. CO, VS. MIN. SEP., LTD, ET AL. 166) 2855 Mr. Williams: I think you ought to include the previous page which has the greater part of the description, Mr, Scott: I will add that to it, the preceding page. Mr. Williams: Q. 135, This book, you say, has been in your library, Is it, so far ax vou know, a book of general circulation? A. This book was got by me, together with other books on these technical industrial subjects, from a bookseller in Germany and un- doubtedly it has gone into general circulation in the linseed oil in- dustry, It is by a standard author, quite well recognized, whose works have been translated into English and are well known to every- laxly connected with the linseed oil and varnish industry, Andes is the name of the author, I had it within a year after it was published, Mr. Williams: In view of the obvious irrelevaney J certainly shall make no further objection. Mr. Seott: I have offered the photographie copies to whieh T take it there is no objection if I file the additional page. The photographie copies of two pages of the book were marked defendant's Exhibit 50, Mr. Scott: Q. 136, On page 2 of the Everson patent, at the paragraph he- ginning with line 93 reference is made to the use of petroleum or of the liquid constituents thereof like paraffine oil. I think you 2856 referred to that passage yesterday, but I do not know that you discussed it in full, the nature of the oils that are indicated by the language I have just quoted, A. Thad not finished my prior art apparatus, Q. 187, You hadn't’ i thought that was the last thing you had, Well, postpone that question, then, I come now to the prior art apparatus to be found in the metal- lurgical industry, and T have a copy of Ure’s Dictionary of Arts and Manufactures and Mines, published in 1860, in whieh we have forms of rotating blade agitators, and in whieh we have forms of separat- ing boxes or spitzkasten, both of which forms of apparatus are of in- terest in connection with the descriptions in the Everson patent. The first of the rotating apparatus were designed for other purposes, but are entirely adaptable to the purpose which we have in mind at the moment, which is the rapid rotation with entraining of air by means of rotating blades, On page 356 is shown such a form of apparatus, figure 1419, There it is used for other purposes, and it has a cap, but with that cap removed it would be perfectly adaptable for the purpose of aeration, having blades rotating very analogous to the forms of apparatus we have in mind, This illustration is found on page 256 af Ure’s dictionary, volume 3, figure 1419, The illus trations of the separating boxes known as spitzkasten are found on page 332 of the same volume. Q. 138, Give the number of the figure please’ 1670 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. 2857 A. Figures 1379 and 1380, and on page 335, figure 1385. There we have a combination of spitzkasten boxes operated together just as is shown in some of the illustrations of the patent in connection with this formation of aerated froth and collecting the sume and separation from the gangue material. Q. 139. Is that all you wish to refer to, doctor? A. That is all I wish to refer to. Q. 140, Then point to the court the different illustrations before Wwe pass on, the pictures are so small you can put the book on the edge of the desk’? A. Very well. The one illustration is of the rotating blade ap- paratus, and the other two are of the separating boxes. The Court: Q. 141. Well, this is simply for the purpose of showing that at the time of this invention Mr. Scott: The patent was in 1885. The Court: At the time of that patent there were such applianees? Mr. Scott: That is the object. The Court: T have no doubt you ean find such things in different branches of the art. The Witness: This is all metallurgical. The Court: Q. 142. The chemistry part of it, I suppose? A. Yes, sir. Mr. Scott: Q. 143. Did you state who that dictionary was published by? A. Ure’s dictionary, edited by Robert Hunt. This is al- 2858 ready the fifth edition of Ure’s dictionary, published in 1860. Q. 144. You have no reproduction of those views? A. No, I haven't. Mr. Scott: We will have them prepared and offer them later. Mr. Williams: You did not state what purpose they were used for? The Witness: These were used for metallurgical purposes, not ex- actly as they would be used for the purpose referred to in the patent, but are entirely adaptable for those, by reason of their construction. Mr. Scott: Q. 145. Are they agitating mechanisms? A. I am referring particularly to the agitating mechanisms. Q. 146. What are they described there for, agitation or for what purpose ? A. This was employed for the excluding of the fine refuse and slime ore by rapid rotation, as it is stated. Q. 147. What are the spitz boxes that you referred to used for? i a in a REN TT, SAL ETE EIA NEE ETD! PE ATEN TE AOR it A RN ET BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. 1671 A. They were used for what might be called classifying the ore according to the different grades of fineness. Q. 148. Does that complete your discussion of the appara- tus? P89 A. No, I have yet one more. Now, we go away back to the 16th Century, and refer to the great chemist of the sixteenth century, Agricola, who was a great authority on chemistry as it existed in that day, and [| will refer to the translation of Agricola’s work on the Metallurgical Art, first published in 1556, 361 years ago, and | have one of the illustrations of this work of Agricola now for the first time, I believe, in complete English form of trans- lation, and this illustration shows me very clearly the exact form of rotating paddle adapted for use for agitation with entraining of air— exactly the form that is used in a number of pieces of apparatus which we are using at the present time, and the apparatus is de- scribed here—here are the upright axles, and the large rotating one, and the paddles and this was primarily of the year 1556, and appears in the English translation of Agricola’s Metallurgical Art, which has been issued by Herbert Clark Hoover in 1912. Mr. Williams: Where is the original book? The Witness: The original book is on the table. Mr. Williams: Q. 149. Do you remember the page? A. 299. 299 is the page. Q. 150. When was this book published? A. It is dated on the front page. Mr. Scott: 1912. We are quite unable to prove the fact that this book was originally printed in 1556, Mr. Williams: You could call Mr. Hoover, couldn't vou? 2860 Mr. Scott: Mr. Hoover could not prove it either. It is a book that exists only in museums and on collectors’ shelves; it heing a well known fact we thought possibly you would stipulate the date of Agricola. Mr. Williams: It is quite evident, your honor, that it is not capable of proof and there is no proof as it stands, as to the publication prior to our invention, and I have not read the article. It is a very in- teresting picture. I am not prepared to say whether we will let it in without objection or not, but we will give that matter considera- tion. The Court: I remember in the Hyde case you went back to Herodotus. Mr. Williams: Yes, sir. (Laughter.) Mr. Scott: If I remember correctly, you failed to prove the date of Herodotus’s birth aiso. Mr. Williams: I will look at the book. I will move to strike it out after I read it if I think necessary. Mr. Seott: You can take the book home with you. The Court: Do you offer this exhibit? 1672 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. Mr. Scott: Yes, sir, I offer the photograph of the illustration from the work of Agricola. The Court: It will be admitted tentatively. Photograph from work of Agricola admitted in evidence and marked Defendant's Exhibit No. 51. 2861 The Witness: That completes my statement on that subject. Q. 151. Referring to this Everson patent, line 95, page 2, will you explain a little more fully the character of the oils that are indicated by the expression “petroleum or a liquid constituent thereof, like paraffine oil.” A. We have that same expression—we have that form of expres- sion in two places; in line 75 also: ‘When petroleum or a constituent thereof is used,” indicating thet Mrs. Everson contemplated the use of any petroleum fraction that would be found adapted for the pur- pose. We have it also in line 93: “In the use of petroleum or liquid constituent thereof,’ and she takes the case of parafline oil as one of those liquid constituents of petroleum. I gave in the discussion of this patent vesterday the calculation that if you take the petroleum which she used, and herein referred to specifically as used in the particular experiment mentioned, an oil of 30° Be., and as stated here there was 17 per cent by weight of the ore taken. I also said that if you took a lighter fraction or a constituent of petroleum of lighter gravity, the weight would reckon out as less than that; for instance, if you took 40° Be., which is about the heaviest gravity of the very heaviest kerosene, which is frequently called paraflin, and in England is called paraffin oil—the calculation comes out differently. The actual specific gravity corresponding with the fig- ure 40° Be. is 8235, and calculating the weight of a gallon 2862 of oil or liquid of that gravity, and calculating from that the percentage on to a ton of ore, you get 15.9 per cent instead of 17. Of course there are kerosenes which run from 40 Be. up to 4 and 55 and more. I can readily substantiate that by reference to standard works on petroleum recently issued of the highest author- itv, as to what are the gravities of commercial kerosene oil as made from different types of crude oil; it would range from 40 to 58 gravity. Mr. Williams: I move to strike that out because we are not con- cerned with what kind of a kerosene are made today, but only with the kinds of kerosene that were made in 1886. The Court: Well, it may be illustrative. Of course the court knows and we all know that there is a time in this case to which the evidence must relate, but it may be illustrative. He has a right to discuss the art of today and contrast it with what it was then, without it perhaps being so very material to this issue. The motion will be denied. If it is not entitled to any consideration, the court will give it none in making up its decision. Plaintiff excepted. — BUTTE & SUPR. MNG, CO. VS. MIN. SEP., LTD., ET AL. 1675 Mr. Scott: Q. 152. Doctor, you may explain the expression ? A. I will say that I know of my own knowledge what kerosene was In 1885, Q. 153. Then you may state, if you will, what kerosene was in 1885, and other petroleum constituents as referred to here? 2863 A. Kerosene in 1885 as I was acquainted with it—it prac- } tically all was made from Pennsylvania oil—it ranged con- siderably above 50° Be. in gravity; distinctly above. Q. 154. Did you explain this Baume scale of liquids lighter than water, such as these oils that you are speaking of, as to the numbers indicating the Baume degree increases, the substance is heavier or lighter? A. As the numbers increase the substance is lighter. Q. 155. That is, 50° oil is lighter than 40° oil? A. Yes. The ordinary gasolene which is sold today is ordinarily 62° Be.; a very light gasoline may be up to 80° Be., and the ex- tremely volatile material which is now being made on a large scale from casing head gas by pressure and chilling runs up to 90° Be., which is very, very light. Then we go down to the range of 50° Be. in kerosene oils, or a little over, and we get down below that to 30° Be. and lower than that for lubricating oils. Q. 156. Was there any difference in the amount of volatile con- stituent in kerosene in 1885 and today? A. No, not that I am aware of. The same range is found in crude oils now as it was then. Q. 157. T meant in the manufacture of kerosene as a finished product; I think you eall it flash point—was its flash point higher or lower than it is now? A. The grading of kerosene by means of a flash point was in current use ec that time, and they were carefully brought 2864 within a space range by the exclusion of their volatile por- tions, so as to conform to the legal fire test or flash test. Q. 158. I wouid like to refer you, doctor, to two newspaper articles that are in evidence in the Hyde ease; they have become known in this suit as the Fryer Hill publication and the Criley-Everson pub- lication, and if you will explain to the court the nature of the dis- closure of the process? A. The Fryer Hill publication appeared in October, 1889, in the Daily Heraid Democrat of Leadville, Colorado, and is headed: “An Important Invention.” After referring to the particular ores which are important to be treated, we find the following statements in regard to this process or invention: “The first unimportant means of testing the new system having proven so incontestably the correctness of the theory, other larger and more capable means have been employed. The whole system of concentration appears to be based upon the recognized affinity of the lighter forms of sulphuret in silver ores for oil. Petroleum is the oil now being used for the purpose by the parties having these experiments in charge, and appears from its density to possess the 1674 BUTTE & SUPR, MNG, CO. VS. MIN, SEP., LTD., ET AL. requisite adhesiveness to effect the result desired. The ore is first crushed and rolled to such a degree of fineness as to enable it to pass through a 40 mesh sereen, and while dry is thoroughly mixed with oil, after which it is placed in a cireular tank or receiver, through the center of which runs a rotating hollow tube. To 2865 the bottom of this tube is attached on two opposite sides a couple of fans, the lower edges of which are unevenly cut, in order to send in the revolution the lighter particles of the ore and the oil mixed to the outer sides of the drum or cylinder, This hol+ low rotating tube——” The Court: This is already in the record? Mr. Scott: This is already in the record. The Court: I don’t see any necessity of the doctor reading it; it is in there. Any comment he wants to make—— The Witness: I will then proceed with the comments. The Court: It is already in the record; we have it before us, A. (Continuing:) I would call particular attention to that portion of the account which begins: “The action of the revolving tube” which is the tenth line, “the action of the revolving tube, the fans and the injected acidulated steam causes the lighter portions of the mineral bearing oil to float to a point just above the center of the receiver, where there are suspended two semicircular doors which, when the oil has passed above them, laden with its precious freight, are raised and the superfluous water allowed to drain through slight perforations in the bottom of the semi-circular doors, after which the mineral-laden oil is carefully removed to settling tanks” and so on—That is not material. Now I desire to comment on it in this way. We have described there a form of apparatus involving 2866 rapid agitation and involving at the same time aeration. The conditions are to be recalled, that is we have this revolving tube with fans and injected acidulated steam. Under this condition there is no doubt but what we have the conditions for the aeration of the mixture and the production of the froth. If the froth rises and the construction of the apparatus—I should say, before going on farther the semi-circular doors as first in position act as baffles. They hang vertically ; they interrupt the rotary motion of the flowing pulp and undoubtedly act in the entraining of air and in that way we get the result which is noted. When the froth has formed, which is of course mineral-bearing froth under this condition, these doors are to be raised. Now, I want to make some comment on that latter portion, then, of the operation. The language describing the results of the operation of the Everson process, as here given in the Fryer Hill publication, and the action of the revolving tube, the fans and injected acidulated steam, it is stated cause “the lighter portion of the mineral-charged oil to float,” and then, as stated before, that is taken off. Now, in the first place, there are no lighter portions of a layer of petroleum oil, such oil as is used here, if we consider the question of oil only, as petroleum oils do not stratify in layers of unequal gravity. But if the oil were thoroughly aerated, as is indi- _—— BUTTE & SUPR, MNG. CO. VS. MIN. SEP., LTD., ET AL. 1675 cated by the reference just preceding, by the action of a revolving tube, the fans and the injected acidulated steam, then the 2867 aerated layer, or air froth, would be lighter than cither any excess oil or water, and would float, as stated in the account of the results obtained, 1 desire to emphasize that fact, that it is impossible to consider that expression “the lighter portion of the mineral-charged oil,” to refer to an oil layer, because oil don’t stratify. In the second place, the use of the word “float” here used is under- stood when one considers the production of an aerated air and oil froth, and has no proper meaning if we simply suppose that an oil laver of the compact Elmore type is to be understood as the layer which is taken off. The word “float” indicates that we have a mass of aerated, mineralized material, or “bubbles,” in other words, coated. In the third place, the reference to this lighter portion which floats to the top as the “mineral-laden” shows it to have been an air froth, mineral-laden, because of the selective action of the oil and = the agitation used. An un-aerated layer of compact oil, like that used in the Elmore process, would carry the mineral particles in the lower layers rather than in the upper layers, as has been noted by various ones of the plaintiffs expert witnesses as well as by counsel in dis- cussing the Elmore layer, and overloading of that Elmore layer with mineral particles. In the fourth place, drainage away from a froth “through the slight perforations in the bottoms of these semi-circular doors” is easy and practical, whereas drainage of the water from a compact oil layer by the means indicated would be very dificult to 2868 — effect, as the oil would pass out largely with the water through the perforations in the doors. And in the fifth place, mineral particles from the lower strata of the assumed compact oil laver would speedily clog the “slight perforations” in’ the semi-circular doors: or, if they passed through would make it impossible to get clean tailings. As the ore is stated to have been a silicious one, the tailings would have been very light colored and the contamination would at once be apparent. 1 conclude, therefore, if, as stated in this Fryer Hill publication, the “lighter portions of the mineral- charged oil” float off, it is because a froth has formed which becomes “mineral-charged.”” That seems to me to be the clear interpretation of these words, Q. 159. You have an apparatus of the character described here, doctor? A. That apparatus has been constructed and was shown in the Miami case, an apparatus constructed as nearly as might be according to the description given in the Fryer Hill publication, and it will be shown here as illustrative of the Everson process. Q. 160. It will be shown here and operated as soon as it is ready? A. Yes. Q. 161. Have vou considered this Criley and Everson publication appearing on page 740 of the Hyde record? A. In the Criley and Everson publication, in which we have of course the direct association with the name 1676 BUTTE & SUPR. MNG. CO, VS. MIN. SEP., LTD., ET AL. [Copy of cover of volume 6 of transcript of record. | P 286815 United States Circuit Court of Appeals for the Ninth Circuit. No. 3081, Butre AND Suprerror MINING Company, Designated as Butte and Superior Copper Company, Limited, a Corporation, Appellant, vs. MINERALS SEPARATION, LIMITED, a Corporation; Minerats SEpARa- TION AMERICAN SyNDICATE, LimiTED, a Corporation, and Min- erals Separation North American, a Corporation, Appellees. Substituted Pursuant to Order Filed March 19, 1918, for Incorrect Copy Filed November 10, 1917. TRANSCRIPT OF REcorD. Volume 6. (Pages 2869 to 3540, Inclusive.) Upon Appeal from the United States District Court for the District of Montana. Filed Mar. 19, 1918. F. D. Monckton, Clerk. a a i ni een weeria fais vines 2G BUTTE & SUPR, MNG, CO, V8. MIN, SEP., LTD., ET AL. 1677 —“Everson,” we have no forms of apparatus described, We 2869 have several very important statements of conditions, The ore was crushed and passed through a 60 mesh sereen dry and thoroughly mixed with black, thick oil, presumably a petroleum product. To water heated to near boiling was added enough sul- phurie acid to give it a tartish taste. This acid and water was then nixed with the mass of oil and ore. Now, there is entire absence of any account of the form of apparatus or how the agitation was car- ried out, but the result alone is stated, A thick scum of sulphurets rose to the surface and was skimmed off, leaving the hitherto black ore as white as snow, in fact pure silica. These are the vital elements in this statement. Q. 162. Do the results stated in the sentence you have just quoted beginning “a thick scum'’—Does that convey any information re- garding the operating process? A. That shows I think, clearly that it was the same process as would have been carried out with the same apparatus which is figured in this other publication, and the results would have been the same as there obtained, The scum is the froth in this case. Q. 163, If you will refer once more to the Everson patent, page 607 of defendant's record in the Hyde case, on page 1 of the patent, beginning at line 17, extending to line 20, the same page, beginning at line 81 extending down to about 86, the patentee makes statements regarding the character of oils adapted for her process. Will you state how extensive a category of oily substances is set forth in 2870 the language used in these passages? ’ A. The list is a very comprehensive one, In line 17 we have the expression “a fat or an oil, either animal, mineral or vege- table, or a fatty constituent or acid of an animal, or vegetable fat or oil, or any constituent of a mineral oil.” These terms cover all of the animal and vegetable oils and their constituents like oleic acid, which is a fatty acid derived from an animal and a vegetable oil. And that covers all of the petroleum fractions because “any compo- nent of a mineral oil” is there mentioned, And the same thing is used with a little more expressive statement of particular oils, in line 80; “T have used petroleum and one of its several constituents viz., parafline oil.” But the whole range of petroleum constituents can he covered by that earlier language, also tallow in melted form, lard, lard oil, red oil, meaning thereby impure oleic oil, cottonseed oil, castor oil, sperm oil, linseed oil and some combination of these with each other. That gives us a range of fatty oils or what might be called fixed oils, of both animal and vegetable origin. It does not specify an essential oil or one of the turpene type oils, but that is covered under the broad statement “fat or oil, either animal, mineral or vegetable.” Mr. Scott: I think now, as the continuity of our case has been broken a little through necessity, | will discontinue the examination of Dr, Sadtler for the time being and put on another witness in order to get the things before the court that the doctor will want to es TAMAS IRIN PIR AO DAO OR MAELO NR SENIOR IS AES NO I 1678 BUTTE & SUPR, MNG. CO, VS. MIN. SEP., LTD., ET AL, 2871 refer to hefore he finishes, and opposing counsel may either cross examine now or later as they choose, Mr, Williams: I think it will be better to postpone the cross ex- wnination until the completion of the deposition, as matters stand. Of course there may be some incidents that require it. The Court: This promises to be a long ease and you ought to have your witnesses in order and know what they are going to testify to and have everything ready, Mr. Scott: The evidence is all ready. — It is simply the mechanical work that is necessary, Witness temporarily excused, Jonx Warxeé Putisips, a witness called on behalf of the defend- ant, being first duly sworn testified as follows: Direct examination, By Mr. Scott: Q. 1. State your full name. A. John Warne Phillips, Q. 2. Will you kindly state your occupation? A. Tam connected with Mariner & Hoskins, chemists and engi- neers of Chicago, at the present time, and represent them here now at this case, Q. 3. And what is the nature of your duties or profession ? 2872 A. T graduated from Princeton and spent two years there asa post graduate and was instructor there for three years and then I accepted a position of professor of chemistry and physies in the University of Nevada and taught there for ten years and then I carried on metallurgical operations in plants of my own, and for several years | was manager of the Overland Mining Company, of Gold Hill, Nevada, and for four years | have been connected with the engineering firm in Chicago of Mariner & Hoskins, as chemical engineer, Q. 4. Have you made any investigations of the character of froths produced in the flotation process? A. I have. Q. 5. Just briefly, without going into details at present, just state the nature of the operations you carried out. A. T used several—I have used three varieties of oils, practically on the same charge, on a laboratory scale. The charge used was 60 grams of ore, 250 ce, of water and copper sulphate in the proportion of one-fifth of a pound of copper per ton of ore, and sulphuric acid ° in the proportion of 8 lbs, of 60° Be. sulphurie acid per ton of ore. I biel the pulp of course first to the vessel and then the water and then the copper sulphate and then the acid and agitated for one-half minute so as to thoroughly stir the pulp with the solution and then I add the oil and agitate it for eight minutes, and most of the tests, most all of the tests were carried on in that method, that pro- cedure. SROAAT A WD OR Sah eRe ~ yore oe wee eee ce a ee, Ie RUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL, 1679 2873 Q. 6. What was the ore that you used? A. The ore used was a Butte & Superior ore, | think mill heads, lot No, 2. It assayed 16% of zine, if 1 rememeber rightly, about—lIts fineness was 64% on an 80 mesh and about 60¢7 through a 200 mesh, Q. 7. And what kind of an apparatus did you use for these ex- periments? A. We used an ordinary soda fountain or bar mixer, electric mixer, and for the vessel was used a rectangular-shaped vessel, If think used for a battery jar, about 51% inches high, 2 inches wide and about 24% long, that is, a rectangular shape. Q. S. And you made photographs, did you, of these froths? A. Made photographs. Q. 9. Will you deseribe the character of the different photographs you made, the views? A. We made three series of photographs. The first was taken, a photograph of the froth through the side of the vessel and a magnifi- cation of 15 diameters, or that would be 225 times, magnified 225 times. And all photographs of that character are labeled No. 1, or series 1, Now, series 2, photographs were made through the sides of the vessels in the same way, but a magnification of five diameters or 25 times; and photographs No, 8 series, 3 was made of the top of the froth by using a prism and taking the top view of the froth. They were not magnified, supposed to be normal. Now, these mag- 2874 nifications are not absolute, but very near. We determined the magnification by taking a photograph of a seale in the place where the froth or object was, and measuring the image of this seale, on the ground plate of the camera, and taking the ratio be- tween those two. That is the method we*obtained of magnitication, particularly five magnification and fifteen magnification, Q. 10. Were you present throughout those operations of making these different froths, and supervising it or performing it? A. Yes, at all times, Q. 11. And the same is true of the making of the photographs? A. The making of the photographs; T was present when the ex- posures were made and instantly after the exposure T put a number on the negative before it was printed. Q. 12. I will show you some of these photographs and ask you if you can identify them, The distinguishing numbers are different in each case? A. Yes. Q. 13. So if you identify them by number it will be definite, will it? A. Yes. Q. 14. Now, will you kindly state what this photograph bearing the number 16-3 is? A. That is a top view of froth containing one-tenth of 1%, oil mixture No, 3. Q. 15. And will you state what that oil mixture is? A. What it comprises? ARN go ES agi (DLT te A 1680 BUTTE 4 SUPR, MNG. CO, V8. MIN. SEP., LTD. ET AL. 2875 Q. 16, What oils and what proportions? A. LT can't remember that, Q. 17, Refer to your notes, A. The oil mixture contained 70% crude fuel oil, 186 yaryan pine oil and 126 refined kerosene, Q. 18, And the proportion is one-tenth of 1% ? A, Yea. Q. 1%. Now I hand you another one whieh is marked with the number 17-3 and ask you to identify that and state what that repre- sents, A. 17-3 is the same but contains three-tenths of one per cent, of oil mixture, Q. 20, Of the same oil mixture’? A. Oil mixture No, 3, Q. 21, Now I hand you another photograph which bears the designation 1-3, A. That is a photograph, top view, of froth containing 4/10 of 1% oil mixture, Q. 22. The same oil mixture? A. No, not the same oil mixture, The oil mixture of this other varies just slightly in containing 17% yaryan pine oil and 13% kerosene instead of 189% and 12%, Q. 23, Now I hand you a photograph marked 2-3, A, That is a top view of the same character of charge but con- taining one-half of 1% of oil mixture, Q. 24, What oil mixture was that, the same as number—— A. The same as No, 1-3, 2876 Q. 25, Now I hand you abother photograph marked 3-3, A. That is a top view of froth containing six-tenths of 1% oil mixture, Q, 26. The same oil mixture’ A. The same oi! mixture as No, 1, 2 and 3, Q. 27. T hand you another photograph designated 4-3, A. That is the same oil mixture, The same view, but containing 1% of oil mixture, Q. 28. As one oil mixture? A. As one oil mixture. Q. 29, The same oil mixture as 1, 2 and 8? A. Yea, the same charge. Q. 30, Now T hand you another photograph bearing designa- tion 8-3, A. That is the same as—top view of froth and containing 14% oil mixture, same oil mixture, Q. 31. Photograph bearing designation 5-3, & That is a top view of froth containing 1% % of the same oil mixture, Mr. Scott: I think I will offer the set right now, to avoid confusion. I offer in evidence the photographs just identified by the witness and ask that each be marked as a separate exhibit in the following order: Photographs 16-3, 17-3, 1.3, oS. 8-3, 433, 8.3, h.3, ——— — BUTTE 4 UPR. MNO. CO. V8. MIN. SEP., LTD., ET AL. 1681 The photographs were admitted in evidence and marked Defend- ant's Exhibits Fs to 59 inclusive. 2877 «Mr. Scott: Q. 32. Mr. Phillips I hand you a photograph marked 16-2 and ask you to identify and describe what it represents, A. That is a side view of the froth taken from the sides of the vewel containing one-tenth of 1% of oil mixture No, 3 and a magnili- cation of five diameters or 25 times, Q. 33. You say oil mixture No, 3; is that the one you described before’ A. The first, yes. Q. 34, That is the first oil mixture you described before’ A. Yes, Q. 35. This picture was taken, how did you say; through the side’ A. Through the side of the veasel. ~ Q. 36, Of the glass jar in which it was made’ A. Yea. And the dark line below shows water below the froth, this dark spot’ : Q. 37. And how high that line of froth extends on the picture’ A. The froth extends along this line here, right along here, and all of this froth, all this frosting above is the creep on the side of the vessel, Q. 38. Will you please make a mark on the photograph, a letter or a number or something to show the upper boundary of the froth’ A. This froth was only a quarter of an inch in depth, con- 2878 sequently the froth in the picture should not be over an inch and a quarter in depth to be five diameters, Mr. Scott: The witness has made a mark on the photograph and — the word “top” to indicate the upper surface or edge of the froth. ' Q. 39. Now, what is that appearance above the top of the froth that is indicated in the upper at of the photograph? A. That is the creeping of the oil and ore on the inside of the vessel, up on the inside of the vessel, during agitation, When it settles down it comes down and leaves this frosting on the inside of the vessel. Q. 40. It is merely the dirty side of the vessel? A. Dirty glass inside, Mr. Scott: I offer this photograph marked 16-2, Said photograph was admitted in evidence and marked Defend- ant’s Exhibit No, 60, Mr. Scott: Q. 41. I hand you another photograph marked 17-2 and ask you to state what that represents, — 1682 BUTTE 4 SUPR, MNG. CO. V8. MIN. SEP., LTD., ET AL. A. This represents the same view and the same oil mixture but contains three-tenths of 167 of oil, Q. 42. Of the same mixture as that of No. 16-2% A. Yea, of No, 16-2. Q. 45. Will vou indicate on this photograph also the top of the froth if it shows there or does it extend away to the top of the pieture’ A. No, it doesn't extend away to the top of the picture, 2870 Q. 44. Is it possible to tell just where the froth does leave off and where the dirty side of the jar begins’ A. It is difficult in this case. I think the froth is about along on this line, right in through there: this represents this top of the froth, The average depth of the froth was 2'4—or one-half an ineh, I should say, One-half ineh magnified then, five times would make it 24% inches deep, so these marks through there, the openings, to my mind would indicate the top of the froth, Q. 45, Just make a mark on that similar to the other one, (Witness marks the photograph. ) Mr. Scott: I offer this photograph marked 17-2. Said photograph was admitted in evidence marked Defendant's Exhibit 61, Q. 46, IT hand you photograph marked 1-2 and ask you to identify it. A. This is the same view magnified five diameters, 25 times, but contains four-tenths of 16% oil mixture, the second oil mixture, Q. 47. Can you indicate on this photograph about the position of the upper surface of the froth? A. I think this is along there near the top of the picture. Q. 48. This one you named the amount of oil, didn't you, as four-tenths of 1% of the second oil mixture? 2580 A. Yes, four-tenths of a per cent, Mr. Scott: I offer this photograph bearing No, 1-2, Said photograph was admitted in evidence and marked Defend- ant’s Exhibit No, 62, Mr. Scott: Q. 49. T hand you another photograph bearing No. 2-2 and ask you to identify it and deseribe it. A. This is the same view taken through the side of the veasel magnified 25 times and contains one-half of 1% of oil mixture. @. 50 Can you identify the position of the top of the froth? . ve. Q. 51. By an ink mark and the word “Top”? A. Yes. Mr. Scott: I offer this photograph marked 2-2. Said photograph was admitted in evidence and marked Defend- ant’s Exhibit 63, — | BUTTE 4 SUPR. MNG. CO. V8. MIN. SEP., LTD., ET AL. 1685 Q. 52. I hand you a photograph marked 3-2? A. This was taken through the side of the vessel, magnified 25 times, and contains six-tenths of one per cent. oil mixture. The froth extends nearly to the top of the picture. Mr. Scott: I offer this photograph in evidence, Photograph admitted in evidence and marked Defendant's Ex- hibit 64. 2881 Q. 53. I will ask you to describe this photograph, marked 4-2? A. This was taken through the side of the vessel, magnified 25 times, and contains one per cent, of the oil mixture, Q. 54. The froth extends to the mark you have just put on the picture, does it? A. Yes, Mr, Scott: I offer the photograph marked 4-2 in evidence. Photograph admitted in evidence and marked Defendant's Ex- hibit 65, Q. 55. I hand you photograph marked 8-2 and ask you to de- seribe it’ A. This is taken through the side of the vessel, magnified 25 times and contains one and a quarter per cent, oil mixture. Q. 56. When you say contains one and a quarter per cent., you mean, do you not, that the froth was made by using one and one quarter per cent, of oil relative to the weight of the ore’ A. Yes, sir. Q. 57. You don’t mean that the froth itself contains one and a quarter per cent,’ A. No; the charge was made up by using ome and a quarter per cent. of oil to the amount of ore used, Q. 58. Does the froth extend to the point you have designated on this photograph? 2882 A. To the top, yes, sir. Mr. Scott: I offer the photograph 8-2 in evidence. Photograph admitted in evidence and marked Defendant's Ex- hibit No, 66, Q. 59. I hand*you a photograph marked 5-2 and ask you to de- seribe it? A. This is taken through the side of the vessel, magnified 25 times, and the charge was made up to contain one and a half per cent. of the oil mixture, Q. 60, Of the same mixture? A. Of the same mixture as the preceding. Mr. Scott: I offer this photograph marked 5-2 in evidence. 105—Ree. 1684 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. Photograph admitted in evidence and marked Defendant’s Ex- hibit No. 67, Q. 61. Now, Mr. Phillips, there was a little change in the oil mix- ture, as | remember it, the photographs numbered 16 and 17 A. Were made from the oil mixture No. 3, Q. 62. And the photographs 1, 2, 3, 4, 8 and 5 A. Were made up from another oil mixture which was not num- bered, just labeled oil mixture, and that oil mixture contains 70 per cent. of crude fuel oil, 17 per cent. of Yaryan pine oil and 13 per cent. of refined kerosene. Q. 63. And you described the mixture that was used before for 16 and 17? 2883 A. I did, yes, sir, mixture No. 3. Q. 64. I hand you a photograph marked 16-1, and ask you to state what it represents? A. This is a photograph of the froth taken through the side of the vessel, magnified 225 times. Q. 65. That would be 25 diameters? A. Fifteen diameters; and it contains one-tenth of one per cent. of oil mixture No, 3. All pictures marked 16—-16-1, 16-2, and 16-3—were taken from the same experiment or che same froth. Q. 66. And the numbers 1, 2 and 3 indicate? Indicate the series of the pictures and the first number, 16, represents the test. Q. 67. And all pictures numbered 1 are what kind of views? A. TaKen through the side of the vessel, magnified 225 times. Pictures marked 2 are taken through the side of the vessel, magni- fied 25 times, and all pictures numbered 3 represent the top view of the vessel of natural size. Q. 68. This 1, 2 and 3 that you just referred to is the second of the two figures which appear on the photograph? A. The second numerals. Q. 69. And the first numeral appearing on the photograph desig- nates the particular test? A. The particular test and the particular charge. Q. 70. And wherever the same number is the same on two or three photographs, they are photographs of the same test? 2884 A. Of the same test, the same froth. Q. 71. You just gave the proportion of the oil? A. Yes, one tenth. Q. 72. Does that froth extend clear to the top of the picture I hold in my hand now? A. I should say nearly ; it is perhaps to there. Q. 73. Will you explain to the court, by reference to these ex- periments which were performed yesterday—these illustrations of the California Journal which are now standing here—explain to the court just what the indefiniteness is in telling where the froth leaves off at the top? A. Here is an example here; taking the froth here—that would occur in the picture, and still the top of the froth would be down LOLI LA OBL LEER SEE LAGLIS TY LRN CIN TOTES BLIP EEE RENAN RRS SEN YE SEES OGTR TE BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. 1685 somewhere here, and we have to take really the measurement of the thickness of the froth. The Court: That was made by the court tipping it up a while ago. You mean the upper part? A. The upper part, yes, sir. Mr. Scott: I offer this photograph marked 16-1 in evidence. Photograph admitted in evidence and marked Defendant's Ex- hibit No. 68, Q. 74. I hand you another photograph marked 17-1. Please de- seribe that. A. 17-1 is a side view, taken through the vessel, magnified 225 times. The charge was made up of three-tenths of one per 2885 cent oil mixture No. 3 and the picture does not extend to the top of the froth. Mr. Scott: I offer this photograph marked 17-1 in evidence. Photograph admitted in evidence and marked Defendant’s Ex- hibit No, 69, Q. 75. IT hand you another photograph marked 1-1, and ask you to describe it. A. This is taken through the side of the vessel, magnified 225 times. The charge is made up of four-tenths of one per cent oil mixture. The picture does not extend to the top of the froth. Mr. Scott: I offer this photograph marked 1-1 in evidence. Photograph admitted in evidence and marked Defendant’s Ex- hibit No. 70. Q. 76. I hand you a photograph marked 2-1 and ask you to de- scribe it? A. Taken through the side of the vessel, magnified 225 times. The charge is made up of one-half of one per cent oil mixture and the photograph does not extend to the top of the froth. Mr. Scott: I offer in evidence photograph marked 2-1. Photograph admitted in evidence and marked Defendant’s Ex- hibit No. 71. 2886 Q. 77. I hand you a photograph marked 3-1 and ask you to describe it? A. Taken through the side of the vessel, magnified 225 times. The charge is made up of six-tenths of one per cent oil mixture, and the photograph does not extend to the top of the froth. Mr. Scott: I offer in evidence photograph 3-1. Photograph admitted in evidence and marked Defendant’s Ex- hibit No. 72. Q. 78. I hand you a photograph marked 4-1. 1686 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. A. Taken through ‘the side of the vessel, magnified 225 times. The charge is made up of one per cent oil mixture. The photo- graph does not extend to the top of the froth. Mr. Scott: I offer in evidence photograph 4-1. Photograph admitted,in evidence and marked Defendant's Ex- hibit 73. . Q.79. I hand you a photograph marked 8-1 and ask you to de- scribe it? A. Taken through the side of the vessel, magnified 225 times. The charge is made up of one and a quarter per cent oil mixture. The photograph does not extend to the top of the froth. Mr. Scott: I offer photograph 8-1 in evidence. Photograph admitted in evidence and marked Defendant’s Ex- hibit 74. 2887 Q. 80. T hand you a photograph marked 5-1 and ask you to describe it? A. This was taken through the side of the vessel, magnified 225 times. The charge is made up of one and a half per cent oil mix- ture. The photograph does not extend to the top of the froth. Mr. Scott: I offer in evidence photograph marked 5-1. Photograph admitted in evidence and marked Defendant's Ex- hibit 75, Q. $1. I hand you a photograph marked 21-3 and ask you to describe what it represents? A, 21-3. is a top view of the froth. The charge is made up of one- tenth of one per cent of oil mixture No, 3. Q. 82. The photographs which I hold in my hand were they of the same tests? A. No, no—I beg your pardon; instead of oil mixture, this is pine tar oil. The label of the oil it is made of is marked wood tar oil. One-tenth of one per cent wood tar oil. Q. 83. You have stated that this was a top view? A. Yes, a top view. Q. 84. And these top views are substantially of the same size as the original? A. Yes, the natural size. Mr. Scott: I offer this photograph 21-3 in evidence. 2888 Photograph admitted in evidence and marked Defendant’s Exhibit 76. Q. 85. What can you say as to the character of the float in that photograph 21-3 which is now designated exhibit 76? A. It was a very watery froth, and the bubbles were not persist- ent, and it was very tender and easily broken down, and disintegrated in a short time. Oe eee ee ROAM EPRI) 1S ah pr NL atl Ee MPT te ee LILES LNG NEI ONE ELEN Pe FEEL aE RS BE BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. 1687 Q. 86. Did it seem to carry much mineral or little mineral? A. It seemed to carry quite a great deal of mineral, it was heavily loaded. Q. 87. Was it voluminous or heavy or thin? A. No, it was very thin only a quarter of an inch in depth, Q. 88. I hand you a photograph marked 22-3, and ask you to describe what is there represented. A. This is a top view of the froth, the charge made up of three- tenths of one per cent wood tar oil. Q. 89. What can you say as to the character of a froth that was formed in that instance? A. The froth was very easily broken down; the bubbles on top disappeared, but the froth was more voluminous than in 21-3, Mr, Scott: I offer this photograph 22-3 in evidence. Photograph admitted in evidence and marked Defendant’s Ex- hibit No, 77. 2889 Q. 90. | hand you photograph marked 9-3 and ask you what that represents? A. This is a top view of the froth. The charge was made up to compose four-tenths of one per cent pine tar oil. Both of those oils were purported to be the same, but the vessel in which one was was labeled wood tar oil and the other pine tar oil. Q. 91. Who was it that stated they were the same? A. Mr. Dosenbach. Q. 92. What can you say as to the froth that was formed in the instance of this photograph 9-5? A. It was very permanent and persistent. Mr. Scott: | offer photograph 9-3 in evidence. Photograph admitted in evidence and marked Defendant's Ex- hibit No. 78. Q. 98. This last one, 9-3, was made with four-tenths of one per cent oil? A. Yes, sir. Q. 94. The two of the previous ones of the series, 21-3 and 22-3 were made with respectively one-tenth and three-tenths. A. Yes, sir. Q. 95. | hand you photograph marked 10-3 and ask you to de- scribe what is there represented ? A. The top view of the froth. The charge was made up to com- pose five-tenths of one per cent of pine tar oil. Mr. Scott: I offer this photograph 10-3, 2890 Photograph admitted in evidence and marked Defendant’s Exhibit No. 79. Q. 96. T hand you photograph marked 11-3 and ask you to de- i scribe what it represents? Pe i ee ee Ayer BoSy Pe Sa cnt * - » 1688 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. A. It represents the top view of the froth, the charge made up to compose six-tenths of one per cent of pine tar oil. Mr, Scott: I offer in evidence photograph marked 11-3. Photograph admitted in evidence and marked Defendant’s [x- hibit No. 80. Q. 97. I hand you photograph marked 12-3 and ask you to de- scribe what is represented? A. Top view of froth, the charge made up to compose one p Q. 162. At the top? A. At the top. Mr. Scott: I offer this photograph 15-1. Said photograph was admitted in evidence marked Defendant's Exhibit No, 106. Mr. Scott: Q. 163. I hand you photograph 19-1 and ask you to describe it. A. Photograph of froth through the side of the vessel with a charge made up to contain one-tenth of 1% eucalyptus oil magnified 225 times. mi ie froth extends to the top of the vessel. 1696 BUTTE & SUPR. MNG. CO. V8. MIN. SEP., LTD., ET AL. Mr. Scott: I offer photograph 19-1, Said photograph was admitted in evidence marked Defendant’s Exhibit No, 107. Q. 164. I hand you photograph marked 20-1 and ask you to describe it. A. 20-1 is a photograph of froth through the side of the vessel magnified 225 times; charge made up to contain one-half of 1% of eucalyptus oil, the ore being Butte & Superior ore. The froth ex- tends beyond the top of the vessel. 2005 Q. 165, You notice in this picture the shiny spheres that I called your attention to in the other picture” A. I do. Mr. Scott: I offer this photograph 20-1. Said photograph was admitted in evidence marked Defendant's Exhibit No, 108, Mr. Scott: Q. 166. 1 hand you photograph 19-3 and ask you to state what it is? A. That is a top view of froth, the charge made up to contain one- tenth of 1% of eucalyptus oil. Q. 167. What kind of a froth did that make’ A. It has a dead surface with a few bubbles on it, and not a very permanent froth, tender, Mr. Scott: I offer this photograph 19-3. Said photograph was admitted in evidence marked Defendant’s Exhibit No, 109, Mr. Scott: Q. 168. I hand you photograph 20-3. Please describe it. A. Top view of froth, the charge made up to contain one-half of one per cent. eucalyptus oil. Q. 169. How does that froth compare with the one you last re- ferred to? A. That was one-tenth of one per cent. of eucalyptus? Q. 170. Yes. A. This is much more permanent and much larger bubbles; shows a bubbly surface. Mr. Scott: I offer exhibit 20-3. 2906 Said photograph was admitted in evidence and marked De- fendant’s Exhibit No. 110. Mr. Scott: Q. 171. Please describe photograph 27-1. A. 27-1 is a photograph of froth made according to the California Technical Journal of November, 1903, but mechanically agitated. AOA sR BRON TAT SNIP ill La LEN LILES BPP IO IE LS Oo PRO ee ee lL a a au ° Pitin. PLETE NMA eG REy. aes ePIC SAD ee . e j ‘ er Sranerilcea ttt am erties REARS LTE RES Kee UPR BUTTE & SUPR. MNG, CO, VS. MIN. SEP., LTD., ET AL. 1697 Q. 172. In what sort of an agitator? A. In this bar mixing agitator, the same as these other oils agi- tated, and it had a magnification of 225 times and was taken through the side of the vessel; and the froth extended beyond the picture. Q. 173. What was the ore that you used on this? A. This is molybdenite ore. Q. 174. And what quantity of oil? A. The charge was made up of 15 grams molybdenite ore, 150 ce. of water at 00° CL, 2.4 ce, smelter fuel oil equivalent to 24% grams, and st ec. sulphurie acid, and the agitation was 30 seconds. Mr. Scott: [ offer photograph 27-1. Said photograph was admitted in evidence marked Defendant's Exhibit No, 111, Q. 175. T hand you this photograph—— Mr. Williams: | think I ought to move to strike out the statement that it was made according to the California Journal of Technology hoecause it appears on the face of it that it was not. The Witness: The charge is the same. 2007 Mr. Williams: | move to strike it out. Mr. Seott: It don't make any difference how it is‘on the record, The Court: It may stand. The motion will be denied. If it varies the court will not attach any importance to it. Mr. Scott: Q. 176. T hand you photograph 27-3 and ask you to describe it. A, 27-3 is a photograph of froth, Q. 177. The same froth that was shown in 27-1? A. 27-1, top view, and the charge is the same, of course. Q. 178. You said it was the same froth? A. Yes, sir. Mr. Scott: I offer this photograph 27-3. Said photograph was admitted in evidence marked Defendant’s Exhilfit No. 112. Mr. Scott: Q. 179. Now, 27-2, photograph of what? A. 27-2 is a photograph of the same froth. Q. 180. Shown in 27-1? A. Shown in 27-1 and 27-3, but taken through the side of the vessel and magnified 225 times. Q. 181. Five diameters? A. Five diameters. Q. 182. The froth does not extend to the top of the mixture? A. No, sir. Mr. Scott: I offer photograph 27-2. 1698 BUTTE & SUPR. MNG, CO. VS. MIN. SEP., LTD., ET AL. 2908 Said photograph was adnsitted in evidence marked De- fendant’s Exhibit 113. Mr. Scott: Q. 183. Please describe photograph 28-2. A, 28-2 is a photograph of froth through the side of the vessel magnified five diameters and the froth extends beyond the photo- graph. This was made, this froth was made in accordance with the Cahfornia Journal of Technology, Technical Journal, of November, 1903, und the agitation was by shaking. It is a picture of froth similar to that. Q. 184. It is in a vessel similar to the one used for this court demonstration ? A. Yes, shaken in what they call a mixing bottle, hand shaken, The charge was made up to 50 grams of molybdenite, 150 ce. of water, 242 grams of smelter fuel oil and .4 ce. sulphuric acid. Mr. Scott: I offer this photograph 28-2. Said photograph was admitted in evidence marked Defendant's Exhibit 114. Q. 185. Did you mention the temperature? A. 50° C. Q. 186. TL hand you photograph 28-1 and ask you to describe it? A, 28-1 is a photograph of the same froth as 28-2, only the magnification is 225 times, instead of 25 times—15 diameters. The froth extends beyond the photograph, 2909 Mr. Scott: I offer in evidence photograph 28-1, Photograph admitted in evidence and marked Defendant’s Ex- hibit 115, Q. 187. I hand you photograph No. 23 and ask you to describe fully the procedure resulting in that photograph there? A. Photograph No, 23 is a photograph of bubbles taken from froth from a chasge containing one-tenth of one per cent. eucalyptus oil, Butte & Superior ore. The magnification is 20 diameters, or 400 times. These bubbles were separated from the froth, and placed in tubes containing clear water, and were photographed through‘ those tubes. Q: 188. Explain that a little more fully; [ don’t quite under- stand, A. The bubbles were taken from the froth. Q. 189. With a spoon or ladle or something? A. With a glass tube put down in the froth and put your finger over the top and cut out a section of the froth, and that tube was put down in a basin of clear water again and the tube bent over side- ways so as not to allow the clear water to enter the tube, and any bub- bles that were broken, the sediment would fall to the bottom; then I took another tube of clear water and transferred some bubbles from that tube, under water, into this second tube, in order to get clear PALS RATAN LO NEA SY OEE RRA A NINE OR AACE OOS LE ZEN EEL AAS BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. 1699 water. Small corks were put in the end of that tube, and it was taken out and photographed. Q. 190. And these bubbles were inside of that tube? 2910 A. Inside of the tube. You ean sort of see the line of light of the tube, that line on the photograph. Q. 191. And this other line, is that also the tube? A. No, that is a sort of reflection of the side of the tube. Q. 192. Everything we see here is inside the tube? A. Everything is inside the tube. Mr. Scott: I offer this photograph No, 238 in evidence. Photograph admitted in evidence and marked Defendant’s Ex- hibit 116. Q. 193. Please describe photograph No, 24? A. No, 24 is a photograph of bubbles made the same as photo- graph 23. The magnification is the same, 400 times, and the bubbles were taken from froth made from a charge containing one-half of one per cent. of eucalyptus oil. Mr. Scott: I offer photograph 24 in evidence. Photograph admitted in evidence and marked Defendant's Ex- hibit No. 117, Q. 194. Please describe photograph No. 25? A. Photograph 25 is a photograph of bubbles made in the same way, the magnification 400 times. The bubbles were taken from froth from a charge containing one-tenth of one per cent, oil mix- ture #3. Mr. Scott: I offer photograph 25 in evidence. Photograph admitted in evidence and marked Defendant’s Ex- hibit 118, 2911 Q. 195. Photograph 26, please state what that is? A. It is a photograph of bubbles made in the same way as the preceding; magnification 400 times. The bubbles were taken from a charge containing one-half of one per cent. of oil mixture #3. Q. 196. This is the same oil mixture #3 that you previously re- ferred to? A. Yes, sir. Q. 197. And the procedure here was the same as in these other pictures of bubbles? A. The same. Mr. Scott: I offer photograph 26 in evidence. Photograph admitted in evidence and marked Defendant’s Ex- hibit 119. Mr. Williams: Did you state what the ore was in these last four? The Witness: Butte & Superior ore, in all those bubbles, 106—Ree. 1700 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. Mr. Scott: Q. 198. I hand you photograph 29. A. It is a photograph of bubbles made in the same way, but the magnification is 256 times; 16 diameters. The bubbles ‘are taken from froth from a charge containing one and a half per cent. of oil mixture. That is not oil mixture #3. Q. 199. That is not #3, but the other oil mixture you described ? A. Yes, sir. Mr. Scott: I offer photograph 29 in evidence. 2912 Photograph admitted in evidence and marked Defendant's Exhibit 120. Q. 200. And the ore? A. Butte & Superior. Q. 201. I hand you photograph No. 30. Please describe it? A. Photograph of bubbles made as in the preceding photograph. The magnification is 576 times, 24 diameters, Q. 202. The oil? ; A. The quantity of oil was one and a half per cent. oil mixture Butte & Superior ore, Mr. Scott: I offer photograph 30 in evidence, Photograph admitted in evidence and marked Defendant's Ex- hibit 121, Q. 203. I hand you photograph No. 31; please describe it? A. Photograph 31, photograph of bubbles made as in the preced- ing; magnification of 576 times. The bubble was taken from froth from a charge containing two per cent. eucalyptus oil, and the ore used was a mixture of silica and copper pyrite. Mr. Scott: I offer in evidence photograph No, 31, Photograph admitted in evidence and marked Defendant's Ex- hibit 122, Q. 204. Please describe photograph No. 32? 2913 A. No. 32 is photograph of bubbles made as in the pre- ceding; magnification 576 times. Bubble taken from a charge containing two per cent. eucalyptus oil. The ore used was a mixture of silica and copper pyrite. Mr. Scott: I offer photograph No. 32 in evidence. Photograph admitted in evidence and marked Defendant’s Ex- hibit 123, Q. 205. I take it that this photograph represents the apparatus used for making these froths? A. Yes, that is the apparatus used in making these froths or most of them, Mr. Scott: I offer this photograph last referred to by the witness. ~ EO Eee are ae . BUTTE & SUPR, MNG, CO, V8. MIN. SEP., LTD., ET AL. 1701 Said photograph was admitted in evidence marked Defendant’s exhibit 124. Q. 206. Now, in making these froths represented in these photo- graphs, were a large number of each individual photograph made for the purpose of selecting or did you go right ahead from one to another, take them, we might say, as they came? A. We repeated no froth except in the smaller percentages of oil, like one-tenth of 1%. Q. 207. Are those the two that you referred to as being rather thin and meager? A. Yes. I think these froths were repeated about three times; but in all others we went straight ahead and in no other case was a froth repeated. 2914 Q. 208. Simply photographed the first one you made with each quantity, with that exception? A. Photographed the first one we made. Q. 209. Now, if it wouldn’t take too long, I think it would be good to state approximately the thickness of these different froths. You ‘an designate them by your own symbols, that appear on the photo- graphs. Mr. Williams: You mean the height? Mr. Scott: Thickness of the froth. Mr. Williams: The height, is that what you mean by the term “thickness”? Mr. Scott: It may be that your selection of language is more accurate, 1 think of it as “thickness.”’ If more pleasing to you we will change the form of the question to “height.” A. I have the thickness of most of the froths and those that I didn’t take, of course I omitted, but I thought the photographs them- _ selves would speak for the depth of the froth, but IT have most of them. Photograph marked No, 16 Q. 210. That would apply to 16-1, 16-2 and 16-8, all? A. Yes, 16-1 and 16-2 and 16-3. The froth of test 16 in the photographs 16-1, and -2 and -3, was one quarter of an inch thick. The froth from test No. 17, as indicated in the photographs 17-1, 17-2 and 17-3. the froth was one-half inch thick. In test No. 1, I have no mea.urement of the froth. Test No. 2, represented by photo- graphs 1, 2, and 3, the froth was 11-16 inches thick. In test No. 3, represented by photographs 1, 2 and 3, the froth was three- 2915 quarters of an inch thick. In test No. 4, representing photo- graphs 4-1, 4-2, and 4-3, the froth was 13/16 of an inch thick. In test No, 5, representing 5-1, 5-2 and 5-3, the froth was 11/16 of an inch thick. In test No. 8, representing photographs 8-1, 8-2 and 8-3, the froth was 11/16 inches thick. In test No. 9, representing photographs 1, 2 and 3, the froth was 3% of an inch thick, very large bubbles. In test No. 10, representing photographs 10-1, -2 and -3, the froth was 7/16 inches thick. In test No, 11, representing photographs 1, 2 and 3, the froth was 6/16 or % inches thick. In test No. 12, representing photographs 1702 BUTTE & SUPR, MNG, CO. VS. MIN, SEP., LTD., ET AL. 12-1, 12-2 and 12-3, the froth was one-half inch thick. In test No. 13, representing photographs 13-1, -2 and -3, the froth was 6/16 inches thick. Mr. Williams: Three-eighths? A. Three-eighths. In test No. 14, representing photographs 1, 2 and 3, the froth was %@ inches thick. Test No. 15, representing 15-1, 15-2, the froth was three-quarters of an inch thick. Test No, 16, representing photographs 16-1, -2 and -3, the froth was 1% inches thick. Test 17, representing photographs 17-1, -2 and -3, the froth was 4% inch thick, Test No. 18, representing photographs No, 18-1, 18-2 and 18-8 the froth was an inch and a quarter thick. Test No. 19, representing photographs 19-1, 19-2 and 19-8 the froth was 5/16 of an inch thick. In test No, 20, representing photo- graphs 20-1, 20-2 and 20-3, the froth was one-half inch = thick. Test No, 21, representing photographs 21-1, 21-2 and 21-3, 2916 the froth was 1% inches thick. In test No, 22, representing 22-1, 22-2 and 22-3, the froth was 5% inches thick. That is all of them. Q. 211. In making these photographs have you any recollection or record of about the length of time that elapsed after the froth formed and before the photographic plate was exposed, that is, the intervening time between the formation of the froth and the ex- posure of the plate? A. T have. Q. 212. I don’t know that it is necessary to go into detail for each picture, but | would like to know, in a general way, the average. A. Here is test No, 2. The test—After stirring up the mixture we let it settle for about five minutes, then we took plate No, 2-1. Say this was 1.30. At 1.30 in the afternoon we took plate No. 2-1 and in that case we took two pictures, two plates of No, 2-1. The first was not long enough exposed. And then at 1.53 we took 2-2, and at 2.07 we took 2-3, so these photographs were taken in that or- der just as soon as practicable, we took them. First the froth is formed and allowed to stand from three to five minutes and then the photographs were taken, and were taken of course, 1, 2 and 3, as soon as possible with a certain interval, sometimes 5 minutes be- tween the plates, sometimes 10, but never over 15. So the time laps- ing between the forming of the froth and the last photograph would be less than an hour. Q. 213. Somewhere near an hour possibly? 2917 A. Somewhere near an hour. But less than an hour. Q. 214. Can you repeat a few typical instances of this, illustrate here in court with the apparatus you used? A. I think I could. Mr. Scott: If the court will indulge me a moment while we get the table in and the little bar mixer, we will show a few instances and if the other side decides any particular one of these that were per- formed we will be pleased to select the one they want. Otherwise we will pick out a few ourselves. SERA PNP EIN EY. EIR ON GIS, LTR THA APA —— vy BUTTE & SUPR, MNG, CO, V8. MIN, SEP., LTD, ET AL. 1705 The Court: Where have you your supplies? Mr. Scott: They are right upstairs in a room, and they have been told and they are all ready to carry them right in. The Court: Very well, have them brought down promptly. Mr, Scott: Q. 215. What experiment do you propose to perform? Test No. 3. A. Take four-tenths. Q. 216, Of what? A. The oil mixture, Q. 217. With what ore? A. Butte & Superior ore, We have a 60 gi, charge. Q. 218. Now, Mr. Phillips, if you will deseribe the charge that you have placed in the jar? A. The charge is made up of 60° guns, of Butte & Superior ore, and of 250 ce, of water at about 75° F.; also 2 drops of copper 2918 sulphate solution, which is equivalent to one-tenth of one pound of copper per ton of ore, and sulphuric acid was added equivalent to eight pounds of GO° Be. acid per ton of ore. 1 will now agitate the pulp before the addition of the oil for half a minute, «o as to thoroughly mix the pulp through the water, which gives natural conditions, (Witness turned on cleetrie motor with small impeller attached. ) Mr. Williams: Q. 219, At what rate of speed—how many revolutions does that impeller run’? A. [think it is run near 1,800, but I don’t know, Mr. Scott: (). 220, You may proceed, Mr. Phillips, and you may investigate that afterwards for Mr. Williams, A. Now, in making a one-tenth of one per cent oil charge, it requires three drops of oil, xo that four-tenths of one per cent would require 12 drops of oil. | will now agitate the charge again, Q. 221. How long are you yoing to agitate the mixture? A. Tam going to agitate it eight minutes, which was the time | agitated the mixtures for the photographs. (), 222. Is it necessary to agitate it that long, do you think? A. No, in some cases it is not. Q, 223. You did that merely for uniformity, T suppose? A. For uniformity. Any time between five and ten minutes, or eometimes less would do, but I did that for uniformity. 2019 A, Bight minutes agitation. Q. 224. Now, Mr. Phillips, when that settles a little bit I would like to have you show it to the court. Have you an extra jar, Mr. Phillips, so we can keep that one while we make one with a larger quantity? OAD ga oer A 1704 BUTTE & SUPR. MNG, CO, V8. MIN. SEP., LTD., ET AL. A. I have, yes sir. Q. 225. Now, if you will go right ahead, Mr. Phillips. A. In making another one—— Q. 226. (Interrupting.) I think the largest of this series was 144°) of the oil mixture, that is, photographs 5-1, 5-2 and 5-3” Mr. Williams: 1.5. Mr. Scott: Q. 1.5067 of the sume oil mixture, that being 4 of a per cent that you have just made, (The witness performs the experiment.) Q. 227. That corresponds, does it, to photographs 5-1, 5-2 and 5-3” A. Yes, sir. Q. 228. 1 mean the charge? A. This charge corresponds to photographs 5-1, 5-2 and 5-3, con- tains 60 grams of ore, 250 ce. of water, about 75° F., and sulphuric acid equivalent to 8 lbs, of 60° Be, acid to a ton of ore, and copper sulphate equivalent to one-tenth of one pound of copper per ton of ore, Agitated one-half minute before the oil was Wieled and then wdded oil No, 3, 42 drops of oil mixture, No, 3, which is equivalent to 144% of the ore added, and the amount of oil which is 2920 equivalent to one-tenth of 14 of the ore added. Instead of being exactly 3 drops was 2.8 drops by calculation in letting a large number of drops flow, so that makes—that 42 drops of oil equivalent to 144% instead of 45 drops as would be in the other case. We agitated it eight minutes. Mr, Scott: If there are any details you wanted, | would rather you would ask them and have them put on the record, Mr. Williams, The Court: Any of the aides of any of you that desire to examine this of course can step up to the edge and do so. Mr. Scott: Mr. Phillips, now for just one more of these, can you reproduce one, | think No. 18, with 250% of kerosene? A. I think so, yes, sir. Q. 229. 18-1, 18-2 and 18-3 are of a froth made with 25% of kerosene. A. Yes, sir. . Q. 230. You haven't another one of those jars have you? A. No, we will have to clean one of these jars, Mr. Scott: After everyone has examined that we can throw one of those out. Q. 231. Referring to this last demonstration, Mr. Phillips, with 1%% of that oil mixture, I understood you to say before that you adopted a uniform period of agitation of about eight minutes? A. Yes, sir. Q. 232. You did that simply for the purpose of comparison of the different froths? BUTTE & SUPR, MNG. CO, VS, MIN. SEP., LTD., ET AL. 1705 2921 A. Yes. Q. 233. Would you regard this one that you have just made us requiring that long agitation to make a froth? A. I should not, Q. 234. If it had been your aim to carry out the operation most efficiently would you have adhered to that eight minutes? A. I would not. Q. 235. You wanted to explain something about the oil mixture. In these photographs it is oil mixture, the second one you described? A. Yes. Q. 236. Not the No. 3, but the other one. A. Not No. 3. And in this experiment only No, 3 was used. Q. 237. That was because it was available or why? A. That was because the other oil mixture was not available. Mr. Scott: Will you empty one of those jars’? Mr. Williams: Empty the one with the 14%. We would like to keep the one with the four-tenths per cent, although we would like to keep them both. Mr. Scott: Take the 25% of kerosene test, No, 18, that will be all I will ask you to do, Q. 238. Is this the same apparatus that you used in the test for the photographs? A. This is the same apparatus that we used for a part of them and the other part I used an apparatus similar to that, but it is in Chicago. 2922 Mr. Williams: While we are waiting, have you any accu- rate data which will enable you to tell us the speed of rotation of that impeller when it is in operation? Mr. Scott: Is it marked on the machine, Mr.’Phillips? Some- times they are. ' Mr. Phillips: No, it does not give the speed. Mr. Scott: And the diameter of the impeller is about three-quar- ters of an inch; is that right? A. It is, Q. 239. Is this going to be eight minutes, too? A. No, a half minute now to mix it up. Q. 240. But finally, I mean? A. Agitated four minutes, the same as the last, the one in the photograph. Q. 241. Make it the same then, four minutes. Q. 242. You may describe the charge you have put in the jar? A. 60 gms. of Butte & Superior ore, 250 cc. of water, copper sul- phate equivalent to one-tenth of a pound of copper per ton of ore; sulphuric acid equivalent to eight pounds of 60° Be. acid per ton of ore; and 25 per cent of kerosene. Q. 243. Reckoned on the weight of the ore? A. Reckoned on the weight of the ore. The kerosene is of the —— a 1706 HUTTE 4 UTR, MING, CO, VR. MEN. SEP., LTD. BT AL. specilie gravity of ALS, which would be equivalent to 184 cubic centimeters of oil, We will agitate this four minutes, a I have a record of four minutes for thie mixture, Mr. Williams: Do you know the Baume measurement of that kerosene’ 2S A. No, | do not, (Agitating machine was run for four minutes.) Mr. William: On behalf of the plaintiff 1 would like to text that apparatus that he used in court, Mr. Seott: For speed, you mean’ Mr. Willian: We would like to do some of these things with it, Mr, Seott: All right. Q. 24. Do vou find, Mr, Phillips, that this 25 per cent, of kero- sene froth ie made up of bubbles or not’ A. Ido; 1 find it made up of bubbles. Q. 245. How about the one you made with one and a half per cent.—that ix gone, but vou remember it 1 gues, This one ix the four-tenths of one per cent, A. DT think it was made up of bubbles also, Crom-examination, By Mr, Willian: XQ. 246, In the three experiments you did in court you added sulphate of copper, was it’ A. 1 did, XQ. 247, Did vou do that in all the other experiments’ A. All the other experiments, XQ, 248, So that every experiment that you have deseribed here, in addition to what you describe in your testimony, you used sulphate of copper’ A. I think T did, I think I outlined toy charge at the fire 2924 and all these experiments were made practically on the same charge with the exception of the quantity of oil changing and the variety of oil, that the charge was 60 grams of ore, 250 ee, of water and enough copper sulphate to be equivalent to one-tenth of one pound of copper per ton of ore, and enough sulphuric acid to be equivalent to & pounds of 60° Be. sulphuric acid per ton of ore, and then | agitated that mixture for one-half a minute so as to thoroughly moisten the pulp so that we would have the con- dition in the test a* would prevail in the mill, and then added the oil and proceeded to the agitation from the addition of the oil, not taking inte account the half minute used in stirring up the pulp in the time of agitation, X Q, 249. And in all these operations did you put the stirrer down to the bottom of the jar as you did those that were done in court’ A. 1 did, T operated the apparatus as T thought it was constructed to be operated, That is automatic, when you shove it down it makes contact; When you draw it up it disconnects, we ~~ ew ee ot pee : BUTTE 4 SUK, MNG, CO, V8. MIN, SEP., LTD, BT AL, rir XQ. 20), Fo that when the impeller enters the pulp it ix rotating at it maxim «peed and when it left the pulp it wae rotating at ite practically maxiniuin speed? A. 1 woukla't ay “maxinwm epeed,” but it wae rotating on en- tering the rz and on leaving the pulp. XQ. 251, That is, the apparatus i« so arranged that, as you push it down it commences and arte up’ A. It starts up. XQ 252. And a vou lift it up it) disconnects at some wint’ wn A. Hi dees Supposed to be automatic in action, XQ. 255. That, of course, having been designed for the purpose of facilitating the mixing of drinks’ A. Yes, sir, it wae, XQ. 254. And the orcs that wou used today, what wae that ore’ You just describe it as Hutte & Superior, but you didn't speak any- thing of it« condition, A, Butte & Superior, it wae mill ron No, 2. It contains 16 of zine and 6°) on an SO teeeh cereen and 60° through a 200 mesh, XQ. 255. And ix it ore that hae been through the water concen- tration process and the tailings of that proces or ix it a raw ore ground up’ A. | really can't anewer on that, I do not know, Mill run No. 2—I don't know, XQ. 245. You don't know it exeept by that name’ A. T know it by that nome and T know it by that composition, XQ. 257, Now, in several of these experiments vou used some- thing which vou sid was labeled “wooed tar oil” and in others wou have used something that was labeled “pine tar oil.” What knowl elge have vou as to the oil iteelf’ A. 1 just took the-—practically had no knowledge as to the com- position of the oil iteelf, 1 didn't tet the oil as to ite composition, but T understoml that in this case the wood tar oil and the pine tar oil are very nearly the same. XQ. 258, What ix the basis of that understanding? 226 A. TL think it would be some—I can't anewer, XQ. 250, Well, were vou so informed’ A. 1 was so informed, and the odor, ete., would so indicate it, XQ, 260, And who informed you’ A. Tt was sent to us in Chicago from the Bette & Superior Mining Company and the can was labeled “Pine Tar Oil.” X @ 261. And the other one, the wood tar oil A, By the way, I have a sample of these oils, both the pine tar amd the oil mixture, XQ, 262. Let us have a specimen of cach, Have vou the oils that you used in these photographs’ We already have had specimens of a pe used in court, Will you let us have specimens of the other? . bean, XQ. 268, As soon as your deposition is completed please hand oan Mr. Higgins. And this evealyptus oil, where did that come rom? ll el, ee _ 1708 BUTTE 4 SUPR, MNG. CO. VS, MIN, SEP. LTD, ET AL, A. 1 purchased it at a drug store here in Butte, XQ. 26544. And how was it designated’ A. Eucalyptus oil, They said it wae California oil and it had a specific gravity of 1125, XQ. 264. And vou have a specimen of that, of course’ A. T have a specimen of that, XQ. 265, Do vou know whether it was Eucalyptus Amygedalina’ A. T de not, They said it was California eucalyptus and not the Australian. 227 XQ. 266. Wo. vou had a madeup ore or chaleopyrite and silica, con vou wt us have a specimen of that’ A. Lean not, ne sir, XQ. 267. You did net give uso composition of that ore’ A. LT just made that up fer my pervonal experiment is all, It was made up of a very nearly pure chaleopyrite ground fine and just mixed with pure fine ground siliea, about 65 cach, and that was only made in a small quantity and T have ne sample of that, X Q. 268, Chaleopyrite is, of course, sulphide of copper’ A. Yea. XQ. 260. And that is a metalliferous mineral’ A. Yes. XQ. 270, And siliea ix one of the usual gangue’ A. One of the usual gangue, XQ. 271. Now, the magnification which characterized your ploto- 4 1 and 2, were 15 diameters and five diameters’ . Yea XQ. 272. Now vou would characterize that as enlarged 15 tines and enlarged 5 times, wouldn't vou, in the ordinary course of events’ A. No. sir, That would be enlerwed—-the diameter of the enlarge- ment would be according to the square of the diameters on account of the area, having two dimersions, N Q. 273. That is te cv, comparing one man three feet 2025) high and another «ix feet high, the man six feet high would be four times as large a= the man three feet high; i« that right’ A. 1 would rather take another illustration, if To may. If vou measure one side of this table as two feet, if the table is two feet square and vou add two feet more on the side of the table, that table has 16 square feet, don't you see, instead of four, That is the area of the surface. So the magnification in that way increases it two diameters, which makes the area four times as big, whieh is the square of two, And so the magnification in this case would be the square of 15 and the square of 5, X Q. 274, Well, if vou had a mechanical drawing and vou made all the dimensions one-half you would eall it “half size,” wouldn't ou’ A. Call it half size. XQ. 275. And then it would be one-fourth the area’ Te that right’ A, It would be one-fourth area. — HUTTE & SUPR, MNG, CO, VS. MEN, sePr., LTD, BT AL. wo XQ. 276. The fact ix that the dimensions were only magnified 15 and 3 times, the inversions? A. Lhadn’t thought about the other, In making drawings we are dealing with lines which only have one dimension, and when you make it half size you make the line half as long, you see, and this is making a line half sie, and you divide the area hy one-quarter, ie one-half an inch has only one-quarter of the area that an ineh vas, XQ. 277. V think that that ix sufficiently clear, but as a matter of fact all of the dimensions in that number one are increased fifteen times’ wir A. All the linear dimensions, yes, but the areas are in creased 225 times, X Q. 278. And all linear dimensions in the others are increased five times, although the areas are increased 25 times, the square of live? A. Yea, sir. X Q. 27%. 1 suppore you lid this work under the direction of some one? A. Well, no, sir, 1 diel the work myself, | made all the tests and measurements as | did here, and L had the photographer right there with me, and he made the photographs under my direction, and I marked the plates in the dark room as soon as they were exposed, and he developed them and did the printing. X Q. 280, 1 thought you «aid M. Dosenbach helped you? A. No, sir; | don't remember saving #0. X & O81, Who laid out the plan of operation for you? \. Mr. Hoskins and T together talked over the plans, XQ, 282. You received the plans, did you? A. L suppose Mr, Hoskins did-—as | understand it, | think the —. ie Mr. Hoskins’, He did not receive any plans of these tests at all. X Q, 285. As far as you know you did them along the line of Mr. Hoskins’ plan’ A. Yea, sir. X Q. 284. What was the highest percentage that you used of the wood tar oil or the pine tar oil? 2030 A. I think two per cent, X Q. 285, And the highest percentage you used of those oil mixtures”? A. One and a half per cent, X Q. 286. Where did you yet the kerosene from that you used in your experiments? A. [got it upstairs in the laboratory in a bottle. X Q. 287. I mean when you photographed ? A. At the same place. “Q. 288, It was sent to you? ‘A. No, air, it was in the laboratory in this building, upstairs. xX 7 289, When you made the photographs? . Yea, sir. X Q. 200, Were the photographs made in this building? A 1710 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. A, Some of them. 1 think it is the same kerosene that I used in the experiment here—out of the same bottle. X Q. 291. This is the kerosene that was in the laboratory of the defendant: it was in the laboratory of the defendant that you got it? A. In this laboratory in this building, ves; but whether it was in their other laboratory I don’t know. Mr. Williams: That is all, unless, after testing the apparatus we find that we may want to ask a few more questions for further en- lightenment. 2931 Redirect examination. sv Mr. Scott: R. Q. 292. Do vou think, Mr. Phillips, that it makes any differ- ence whether this agitator is running at the moment it enters the pulp and at the moment it leaves the pulp? A. I don’t think it does; I think it makes no difference. R. Q. 293. If vou are requested to, are you willing to repeat these experiments and stop the agitator before it leaves the pulp and not start it until after it enters the pulp? A. I am. Witness excused. Frank R. Wieks, recalled, testified as follows: Direct examination. By Mr. Scott: Q. 1. Mr. Wicks. vou have informed me that there were some errors in the tabulation which vou produced and which is in’ evi- dence as exhibit 28, “Chino Copper Company, record of flotation operations for the treatment of slime vanner tailings.” A. Yes, sir. Q. 2. You may state what these errors are, but before you do that and give the corrections, you may explain how they oe- curred? 2932 A. The errors were made by the clerical department in making up the statement, and they were not discovered until after we checked them over here, so that we went through and re- compiled the entire statement. I did that personally. Q. 3. You had the figures to make the corrections from? A. Yes: we brought them with us. Q. 4. What was the nature of the first error that you refer to? A. The first error here is in the first column, under “weight, dry tons’; the figure on the fourth line, 8065, was added in the total twice, so that that changes the total of that column by the amount of 8065, Q. 5. What is the correct total then? A. 2,064,070 is the correct total. BUTTE & SUPR. MNG, CO, VS. MIN. SEP., LTD., ET AL, 1711 Q. 6. And the next particular in which there is an erroneous statement here? A. In the next column, under the heading of “average daily ton- nage” we made one or two changes; for instance, the first figure was given as 410, and we figured 573, Q. 7. What did vou figure that from? A. The number of days shown there, 15 days, and the total weight treated during the time was S600 tons. Q. 8. It was simply a question of division? A. Yes, sir. Q. 9. What next? A. Do you wish me to enumerate each of the changes as I go down? 2933 Q. 10. You can do it in the way that is most convenient for you? A. There were a great many of these figures, that did not enter into the original record; will it be necessary to repeat each one of them? Q. 11. Well, vou can state what the corrections are in the ex- hibits? A. In the same column, the fourth line, 979 should be 1251, Q. 12. How did that error occur? A. In the same manner; it was an error in taking the number of days. Q. 13. An error in computation? A. Yes. sir. The average daily tonnage shown for the year 1915, reported as 1179, should have been 1S12. All of these errors occur in taking the wrong number of days to figure against; they are really immaterial, 3.048 shown for the second quarter of 1916 should have been 3,081: and the average of our operations to date, as shown at the Lottom of that column, 2999, should have been 3127, Q. 14. The difference in the average arising from the change in the figures you have mentioned ? A. Yes, sir. Now, the next column “assay per cent copper.” When we were making the corrections we thought best to change the averages from ordinary numerical averages to calculated aver- ages, because the calculated averages are more nearly accurate. Q. 15. Explain the difference between them? 2934 A. For instance, the average of any one quarter or for one year, or for any actual part of the time, sometimes it is accu- rate enough if we arrive at the average arithmetically, if we simply add up the column and divide by the number of items. But that is not always quite accurate, because, for instance, we might have 100 tons of two per cent ore and ten tons of one per cent ore, so we could not very well add up the one per cent and the two per cent and take a numerieal average of one and a half per cent, but we can take the caleulated average, taking into consideration the totals, which is more accurate, Q. 16. And you changed that column in the assay per cent of copper in the manner you have indicated ? A. Yes, sir. 1712 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. Q. 17. Does it change the average? A. No, sir; it changes the average for 1915, whieh was shown as “98, and it is now changed to .78. In the first quarter of 1916, which is the figure following that, .88 is changed to .89. The third quarter of 1916, .86 is changed to .82, and the average for the year 1916 is changed from .84 to .83, and the average for the first quarter of 1917, the last figure in the column, is changed from .75 to .74. The average of the entire column is changed from 814 to .SO4. Now, Mr. Williams has called attention to certain errors in the tonnage in the first column, which is headed “flotation concentrates, weight, dry tons.” I find that in making that up that in some way they got the tonnage of the rough concentrate during that 2935 period, instead of the tonnage of the finished concentrate—or at least during a portion of the period, so that we are chang- ing the total tonnage for the fourth quarter of 1915 from 20,842 to 2,874. The figure following that, which depends on that, is changed from 23,285 to 4,889: and the next figure, 3915 is changed to 2952, which applies to the first quarter of 1916. The figure shown for the fourth quarter of 1915, 3668 is changed to 3676. Of course the year is changed from 13,945 to 12,990, and the total of the column is changed from 41,062 to 21,713. Now, in the next column we made a few minor changes, not par- ticularly important, but I will enumerate them. For the period July 13th to 28rd, inclusive, the figure shown as the assay per cent copper of flotation concentrate 4.90, is changed to 4.23. The thir! quarter average is changed from 16.93 to 16.99. Those averages are being changed, as I said, because of using the geometrical or calculated averages instead of the arithmetical averages. The first figure of the fourth quarter is changed from 23.08 to 23.43; the next figure is changed from 22.06 to 19.95, A. For the first quarter of 1916, 21.27 is changed to 21.13. The next figure, 27.03 to 27.35. The next one, 28.07 to 29.64. The next one 29.53 is changed to 29.64. The average for the year 1916 is changed from 2648 to 2647. The last figure in the column, which is the average for the — first quarter of 1917, is changed from 28.63 to 27.47 and the 2936 average for the entire column is changed from 24.175 to 25.352. You will notice that there are no changes in the dates in which the special ones were made because that was not af- fected. Flotation tailings, assay per cent. copper for the third quar- ter is changed from .47 to .48. The next figure from .54 to .56, and the next figure from .54 to .56 which is the same. The next one, .67 is changed to .68. The average for the column is changed from .539 to .543. Now, there was just one more column, “Flotation tailings per cent. indicated recovery.” The average recovery for May 1 to 25 is given as 23.01, is changed to 21.40. For the period July 13 to 23, 30.37 is changed to 30.73. The next figure, 35.35 is changed to 34.88. The next one from 35.72 in changed to 28.81, and the average for the year 1915 is changed from 33.14 to 29.32. The first quarter of 1916 is changed from 25.92 to 24.25. The next one, 33.43, changed to 34.36, The next one, 35.94 to 35.68. The next one, 37.59 ana a a a a ne a eet ok eo a et es | ; BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. 1713 is changed to 37.39, and the average for the year 1916 is changed from 33.27 to 33.05. The average for the first quarter of 1917 is changed from 37.87 to 37.84, and the average of the column is changed from 34.553 to 83.139. Just one other little change in the quantity of oil used during the year 1915 given as 1.04 pounds per ton, is changed to 1.06 pounds per ton. I believe that covers all the changes made. Q. 18. These changes in the column headed “Percentage of In- dicated Recovery,” how did they arise? 2937 A. Those are also due to the changing from the arithmet- ical to the the caleulated average. Q. 19. And the errors that you pointed out in the column “As- say Per Cent. Copper”? A. Of flotation tailings” Q. 20. Yes. A. The same is true of that. Q. 21. The change from the arithmetical to the calculated average? A. Yes, sir. Q. 22. | think Mr. Williams asked you when you were on the stand before to compile for April 4, the total amount of oil percentage, or the total amount of oil relative to the total tonnage that was in the ore including both circulating and original oil, and ore. That was my understanding of this question? A. Yes. Ihave my figures here on that. T will read them. They will afford an explanation of the manner in which that is compiled. The dry tons of initial feed treated during that 24 hour run on April 4th was 3,250 as shown on this statement. The measurements of the circulating load show 8,053 wet tons of material circulating in the 24 hours. The solids in that circulating load were found to be 6.23%. You will remember that I gave vou a figure of 6.00 and 6.5% solids for the average of the two taking into consideration the difference in tonnage, figures to be 6.2367. They therefore calculate that there were 502 dry tons in the cireulating load, This amount, added to the initial feed would be 3,782 tons, dry tons of total feed in the 2938 plant. We added a total amount of oil of 26,330 pounds. This is equivalent to 8.1 pounds on the initial feed. Or, if it is figured the total feed would be equivalent to 7.0 pounds per ton, Now. the total pounds of oil circulating, which is determined by analyzing the wet circulating load, was 10.495 pounds of oil cireu- lating during the 24 hours. That circulating oil is equivalent to 3.20 pounds per ton of initial feed, or it is equivalent to 20.0 pounds per ton of the circulating feed, or figured against the total feed, that is, the initial feed plus the circulating feed, is equivalent to 2.8 pounds. Now, the total oil then, per ton, of initial feed is 113 pounds and the total oil if it is figured against the total feed, would be 9.8 pounds. Now, I presume that that statement might be taken one way or another. The headings are not particularly lengthy and it might possibly lead to some confusion ; but with that statement that ought to make it clear. Q. 23. Taking into account, Mr. Wicks, the circulating oi] with the amount stated of initial oil pounds per ton for March 13, 14, 21 and ee = eomenence Se ae Ge ae 1714 BUTTE & SUPR. MNG, CO. VS. MIN. SEP., LTD., ET AL. 27, represents more ore than the total amount of oil of all kinds per ton of material in the machine, of all kinds, both circulating and original ? A. Well, if we figure the total oil against the total feed on those days I am quite positive that the pounds of total oil per ton of total feed would have been considerably greater than that, because we find that the amount of oil in the circulating load per ton of the material in the circulating load is equivalent to two and a half times the 2939 figure which would represent the initial oil, per initial ton. That is « little hard to figure, but if it is not clear, I can ex- plain it further. Q. 24. You mean that the middlings carry a considerably greater proportion of oil than is actually supplied to the initial feed? A. Yes, sir. That ratio that we have established from what tests we have made would apply, for example on the 18th of March, on which day we had 24 pounds of initial oil per ton of actual feed; we would have, for every ton of circulating load on that day, we would have from 48 to 60 pounds of oil per ton of circulating feed. Do you see? Q. 25. In other words, the circulating feed carried more oil than is supplied to the original feed? A. Yes, sir. Q. 26. And that excess brings the total average up? A. Yes, sir. Q. 27. I think you were asked when on the stand before to give some information as to the operations on November 18th, 19th and 20th of 1916, which are set forth on exhibit 26, “Chino Copper Com- pany, Record of Flotation Operations and Retreatment of Vanner Concentrates”? A. Yes, sir, I have some figures here on that. On November 18th, 19th and 20th Mr. Williams asked me to give him the exact per- centages of different kinds of oi] used on those days. Now, the original records show that on November 18th we used 3,985 pounds of Bar- rett’s No. 4 creosote and 225 pounds of Jones oil, no other oil 2940 was used. On November 19th, we used 4,025 pounds of Bar- rett’s No. 4 creosote and 200 pounds of Jones oil, and no other oil was used. On November 20th we used 4,500 pounds of Barrett’s No. 4 creosote and 330 pounds of Jones oil. You also asked me in connection with that to give you the percentage of the oils used on the 25th of November, which was a day during which we used 26.14 pounds of oil per ton of initial feed. On that day we used 4,570 pounds of Barrett’s No. 4 creosote and 240 pounds of Jones oil. On the 18th, 19th and 25th the proportion was approximately 95% of the Barrett’s No. 4 creosote and 5% of the Jones oil. On the 20th the proportion was 93% of Barrett’s and 7% of Jones. Q. 28. Did you state how the errors arose in the column “Flota- tion Concentrate Weights, Dry Tons” in this exhibit 28? A. Yes, sir. In making that up, they included a tonnage of rough concentrate instead of a tonnage of finished concentrate. Q. 29. Have you a corrected table embodying these corrections which you have pointed out? PRL NG! PLIES ILENE LL MN RIS TTF BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. 1715 A. Yes, sir. Q. 30. Of which you have extra copies? A. Yes, sir. I would say that Mr. Wiser and I compiled this state- ment, ee ach of us performing practically all of the operations in order that we would both satisfy ourselves that it was correct, but Mr. Wiser signed the statements because he signed the first copy or the original statement. 2941 Q. 31. The one that was put in evidence before? A. Yes, sir. Q. 32. But you have calculated these corrections from original data, I understand? A. Yes, sir. Mr. Scott: Then I will offer this corrected statement. Any ob- jections? Mr. Garrison: The same objection; our standing objection only. The statement was admitted in evidence and marked Defendant’s Exhibit 125 Mr. Scott: That will be all. Have you any cross-examination? Mr. Williams: Just one or two questions, Cross-examination. By Mr. Williams: X Q.33. Mr. Wicks, in your table of “Flotation Operations on Retreatment of Slime Vanner Tailings” under the heading of Jan- uary 7, 1917, you state the assay per cent. of copper to be 22.47. My calculators estimate, upon figures you have given us, the amount of copper should be 5.13. The discrepancy is so large that 1 will ask you to give it careful consideration, and, down that column I may say that every item of calculated assay is variant from your given assay, upon the figures given, although that is the most strik- ing one. 2942 A. I am not certain that I have that one written up. I have no figures here that will enable me to give you that. X Q. 34. Well, with that suggestion of criticism on my part will you do as you did before, go over your figures very carefully? A. I will have to send for the figures on that. X Q. 35. These are the computations that come from figures that you gave as to the recovery, including heads and tails and the dis- crepancy is so large that I think it ought to be explained. A. All right. X Q. 36. Now, I asked you to furnish working drawings of the Janney machine. Are you able to do that now? A. I made a request for them, but I cidn’t get them, yet. Mr. Williams: That is all for the present. I have got to go over these recalculations and will just postpone further cross examina- tion. Mr. Scott: Our next witness will be Professor Taggart. 107—Ree, 1716 BUTTE & SUPR. MNG. CO. VS. MIN. SEP., LTD., ET AL. Mr. Williams: I assume you do not care to put Dr. Sadtler back? Mr. Scott: I thought we would get all of the data that he is sup- posed to comment on, so as not to break his testimony again, as I was obliged to do before, in order to fill up the time. 29438 Prof. Arruur Fay TaGGart, a witness called on behalf of the defendant being first duly sworn testified as follows: Direct examination. By Mr. Scott: Q. 1. Professor Taggart will you state your full name, please? A. Arthur Fay Taggart. Q. 2. Will you state your education and experience in relation to mining and metallurgical matters? A. I went to college, Stanford University, and hold a degree of Bachelor of Arts and the degree of Engineer of Mines from that university. Since graduation I have worked in various mills and done some examination work in foreign countires and for the last five years I have been instructor and assistant professor of mining engineering at Yale University and a consulting engineer associated with J. F. McClelland and L. W. Bahney at the same address. Q. 3. Have you any connection at the present time with mining operations or mining interests? A. None at all other than as consultant. Q. 4. And how did you happen to become interested in flotation ? A. As a matter of academic interest rather than any other. It is more or less incumbent upon a university to keep abreast of the times, and when the discussion of flotation and the use of flotation became broad, it was immediately up to us to try to find out 2944 what we could about the subject. Q. 5. Were there any formal actions or conferences in the university on the subject? A. The question of flotation seems to involve considerably more physics than is included in the working knowledge of the average mining engineer and we thought in conference in the Mining De- partment that it would be well to get in touch with the Physics De- partment and try to get the Physics Department to supply the requisite knowledge of physical phenomena, while the mining de- partment could supply the questions and point out the particular lines of research and that then a member of the physics department and myself could work together along this particular line. Q. 6. Did you mention at the beginning of your testimony of your having had practical mining and metallurgical training? A. I have had. Q. 7. You stated the facts as to your practical experience, did you? A. Yes, I did. Q. 8. You did not state where, did you? A. I have worked in the mill of the Nevada Consolidated Mining Company at McGill, Nevada, and in the mill of the Montgomery AGRE LEE PEG Bie APES : BTR LY I ME ERR IAS TATE ee F OI TE EAS BERS OE ONY TS y S ' : BUTTE & SUPR, MNG, CO, VS. MIN. SEP., LTD., ET AL. W717 Shoshone Mining Company at Rhyolite, Nevada. I worked in both those mills as an operator of various kinds of metallurgical ma- chinery, and I have assisted, with my associates, in the designing of three or four kinds of metallurgical plants, that work con- 2045 suming a considerable portion of my time for the last three or four years. Q. 9. Through how long a period has your investigation of the flotation process extended ? A. About two years, Q. 10. Have you come to any conclusion as to what are the es- sentials in this so-called agitation-froth flotation process? A. First, we must agitate and aerate a pulp with some reagents which will absorb at the gas-liquid and at the solid-liquid surfaces, and after such agitation and aeration the pulp should be allowed to pass to some point, a box or cell, where the bubbles which have been beaten into or passed through the froth can rise to the surface of the mixture, carrying with them the load of solid matter, which ordi- narily is the sulphide that it is desired to separate. The ordinary reagents used are oils or some fatty substance, acids or alkalis. The ores usually treated are those consisting of a sulphide or occasionally some other materials of adamantine or metallic luster, and a gangue consisting of some rock not having the adamantine or metallic luster, and ordinarily valueless, Q. 11. Have you come to any conclusion as to what the function of the oil is in the agitation froth flotation process? A. The oil seems to have two functions; first, to aid in the forma- tion of a stable froth; second, to act as a selective agent for the sepa- ration of the sulphide from the worthless rock—and I hope that throughout the subsequent discussion the word sulphide will 2946 be taken to include such other few minerals as there are, which are not sulphides, and which yet are amenable to con- centration by flotation. Graphite is one which is obviously not sul- phide, and yet is so amenable. Q. 12. Can you state in what way oil aids in the formation of a stable froth? A. It acts in three ways I believe. It acts first, to reduce the sur- face tension of the water with which the ore is mixed. It also, by adsorbing or concentrating at the surface of the bubbles, within the pulp, forms a film, at the eontact of which with the water in the pulp, there is formed an interface which is markedly more viscous than either the oil or the water or the mixture of the two. Finally, the oil will vary in concentration in the bubble film in such a way as to allow the bubble film to vary its strength of resistance to external forees. In those three ways oil aids in the production of a stable froth. Q. 13. Is there any simple experiment by which you could show, visually, that the oil does in fact reduce the surface tension? A. There is. Would you like me to perform it now? Q. 14. There will be time enough, won’t there; it will only take a few minutes? A. I think so, yes. i anita edecoel Ta ie te We ety . a ge RS ea PVR ARPA Er groper ' ee eee seg | 1718 BUTTE & SUPR. MNG. CO. V8. MIN. SEP., LTD., ET AL. Q. 15. I will have the things gotten for you. Mr. Dosenbach knows where they are, does he? A. Yes, Mr. Dosenbach knows. 2947 Q. 16. You might describe this experiment in advance? A. I wonder if I might have a blackboard. I am rather accustomed to working with a blackboard. Q. 17. There is one here; you may step to the blackboard. A. (Drawing.) This particular experiment that I am about to perform to show the reduction in surface tension by oil is to float a match on the surface of a body of water in a pan. The match will then appear in some such position as this (drawing). As soon as the water in the pan comes to rest, the match will be held stationary under the influence of the forces of surface tension, which are equal, and which act equally in all directions, and which I may represent by these arrows. Now, if on the surface of that pan we place a drop of oil at one side of the match—say, there—then the match will jump over against the side of the pan, away from the point at which the drop of oil is placed. The explanation of that particular phe- nomenon is, of course, the reduction of the surface tension of the water, due to the oil film upon it, and we find some such condition as this: If I represent this as the drop of oil, and the immediate sphere of action of the oil that spreads over the water by this curved line, then the force on this side, the surface tension, will be reduced in some such fashion as that, (drawing) while those on this side will momentarily remain as before, and of course the match will be pulled away by the preponderance of the surface force on the side away from the oil. 2948 Q. 18. Is there any simple or graphic way that you can state, just roughly, what this surface tension is? A. It is a pull. You can consider the surface of the water itself as a stretched skin, similar to a sheet of elastic stretched over a ring or the head of adrum. Either of those things, while they are solid, are in the same state of tension, exactly, as the surface of any body of water. If we take the particular case of the elastic film and carry the parallel further, if you should place the match on the rubber film and cut the film at one side and thus reduce the tension on that side, of course the film would spring back toward the other side and carry the match with it. You would have there an exact parallel between the surface tension of water and the tension of that elastic film, pulling the match away in both cases from the place where it originally was, due to the preponderance of force on the side away from that where the tension was reduced. Mr. Williams: Will the professor furnish us drawings of the dia- grams that he is making on the board? Q. 19. I understand you are going to furnish little drawings the same as those you are putting on the blackboard? A. I will, yes. (The witness performed the experiment.) Whereupon an adjournment was taken until Wednesday, April 25th, 1917, at 10:00 a. m. ee ERAN ISR ERMC PEST PEAS EID NES OEE BYALA eb aN BUTTE & SUPR, MNG. CO. VS. MIN. SEP., LTD., ET AL. 1719 2949 Wednesday, Apri] 25, 1917. Mr. Taccartr on the stand, Direct examination resumed. By Mr. Scott: Q. 20. You have referred, Prof. Taggart, to the formation of a viscous film at the junction of the oil and water. Can you show this by an experiment? A. I ean. Q. 21. 1 will ask you to do so. A. May I first explain by blackboard drawings what I expect to have happen? Q. 22. Certainly. A. Now, for the purpose of showing that at the interfacial bound- ary between oil and water there forms a viscous film, I am going to take a beaker and place in it, at the bottom, some water, and for the purpose of making the phenomena to be observed more easily visible, | am going to color that water with red ink, and I will repre- sent it here as so colored. After having placed the water colored with red ink in the bottom of the beaker, I will place above it a layer of oil, which, again, for the purpose of making the phenomena more easily observed, will be colorless. Then by means of a medicine dropper inserted with the point below the oil-water interface, I will release below the oil-water interface, some bubbles. The bubbles in rising will first strike the surface between the oil and water, and will drag that surface up in this fashion. (Figure 2) 2950) That particular phenomenon is indicatite of the presence at the interface of a film which is considerably more viscous than the body of the water or the body of the oil; it will indicate more viscosity than the water, because it will have passed through the water freely until it strikes that film, and having been released from that film, as it will be later, it will pass through the oil freely, indicating, then, a greater viscosity at this interface than is present in either the colored water or oil. (Drawing Figure 3). I will omit the medicine dropper, which, of course, will be present. Then after the bubbles have broken away through the viscous film of the interface, it will appear like this; then rising through the oil there will be the air at the center, sur- rounded by a film of considerable thickness of the colored water. That will pass up through the oil and arrive at the surface of the oil in some such condition as that, and when closely observed, some of these bubbles—all of them will not act in the same way—will show a red color at the surface of the oil, indicating that the film is still around the bubble. The film will have dragged down suf- ficiently when the bubble reaches the surface, so that the red color in some instances cannot be observed, and in those particular bubbles the condition will be this. (Figure 4.) Now, eventually both of those water coatings will drop from the 1720 BUTTE & SUPR, MNG,. CO, VS, MIN, SEP., LTD, ET AL. bubbles and they will fall back through the oil in this cup-shaped form, and there will be apparent at the edges of the cup—the 2951 rim of the cup—some of the thin films that look almost like a red tissue paper. Now, it is the fact that the water, falling through the oil, preserves its shape rather than taking a spherical shape #8 would be ordinarily the case of a drop of water falling throvgh a fluid such as air, That is an indication of the high viscosity of the film at the boundary between the water and the oil, Accotding to the law that a mass will tend to a condition of least potential energy, and due to the further fact that a sphere is the solid whos? surface is the least for its volume, and to the fact that with the Jest surface the very of water will present the least potential energy, the particle should, if allowed to follow its tendency, assume a spherical shape, Now, the force of the surface tension that would tend to cause it to assume a spherical form, is overcome, in this in- stané, by the high viscosity of the film at the interface between the wate? and the oil, and you get, consequently, this shape, which is absolutely unnatural for a particle of water to assume, if it were not undet conditions, as it is, where the viscosity of the surface is so great as to overcome the force of surface tension, tending to make it a spheie. ; : ' ; mere will also be present in this mass of oil above the bubbles, if the bubbles are blown in with sufficient rapidity to agitate the surface of the interfacial film, particles of water shaped something like this, tadpole shape, as these are, again due to the excess of vis- cosit’——the excess force of the viscosity of this interfacial film over the force of the surface tension of the water itself, (Figure 5.) 9959 Now, | will perform the experiment, Q. 28. Just state, professor, what you do as you go along and the stenographér will put it down? A. First T poured the water into the beaker and inserted the bubble blowr. Then [ placed red ink in the beaker and then poured on to the surface of the ink a laver of oil, kerosene oil being used, Q. 24. About how thick is the water layer and the oil layer? A. The layer of water and the layer of oil are approximately an inch each in thickness. Now, first you will observe the way in whic the interface pulls up as the air is inserted, indicating there the viscous film at the interface. As you will have observed, very quickly, the fact that some of the bubbles as they appear at the sur- face are coated with the red water. The holding of this red water lave’ at the surface is a momentary thing, merely. Then as the wate falls back from the surface the cup shaped or bowl shaped droys of water may be observed. Finally if I blow the air through rapitly, the little tadpole shaped particles will, I think, be noticed. 25. What are you trying to show now? A. These bowl shaped drops of red water. , 26. 1 don’t know that the court gets a clear view of it. It is like ® little shred of something falling. You will have to look very closely to see it. the Court: Let me play with it, 7 ¥ PRIME Ph Py CEES FIR 7 Yee Her ay FN Pe PP mR CA aa, BUTTE & SUPR, MNG, CO, V8. MIN, SEP., LTD., ET AL, 1721 The Witness: If you release the bubbles near the center you get better results, PU The Court: You operate it, that is your trade, not mine, I see the distorted shape of the bubbles as they drop back, The Witness: That is the thing | wished you to see, The Court: | have observed that, The Witness: The eu » shaped bubbles, and the fact that there is a little fringe, as it were, Lonel hack around the cup where the film has been drawn out toa greater extent at the very edge of the bubbles, The Court: As they come to the top they break in two, part of it go back? A. Yes, the water goes back and the air stays up, The Court: That which goes back is water entirely? A. Oh, yes. It can be none other, because the [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386004_0140%3A4. Public record. Not legal advice.