Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1854-10-02
BY COVER & GOLDSMITH

plat to wrong Dummy out of his lead, tc
which he had not the shadow of ius
clalm-that he was quite confident, he haC
proof enough, to substantiate it, provided
opportunity was offered him to adduce il
properly-that the circumstances upor
which Tom claimed had been manufactu.
red by him for the occasion, and palmeG
Oft upon them as having been in existence
tor the length of time he had stated and
that he had led others by his adroitness
into belief that his claim was Just.
At this point Tom Frost interrupted Ro.
senburgh, and said in substance that he
was the bona .Jfde owner of the diggings in
question If there were any justice in the
rules and usages among the miners upon
the question under consideration, and that
ne did not fear full and impartial inves-
tigation of the whole matter. This he
was compelled to say, or suspicion would
have arisen in the minds of different per
sons present.
Rosenburgh resumed by saying that he
proposed to the company that they take
this matter into their own hands, consti-
tute themselves court to try the right to
the range, and do justice between them,
irrespective of the technical processes and
proceedings of courts. To 90 to work to
investigate this matter as men of GOOD
common sense would and ought to, and to
decide it in strict accordance to the correct
principles of justice, and no other He
proposed that jury Of twenty-five men be
selected from the company by themselves.
who should sit and hear the testimony and
decide thereon. He assured them that
ne had no immediate interest in the cues
ton. The only reason why he had enga-
geo IN the matter at all sprung from two
causes the first was desire to see Dunn
my restored to his just rights which had
been most cruelty taken from him by a
designing man; and secondly, because the
owner was poor, weak imbecile, unable
to vlndicate his own rights.
After dwelling to considerable LENGTH
upon the reasonableness and fairness of the
movement, he proposed immediate action.
unless some most important objection sho'd
be raised.
Tom was considerably agitated by this
time, and did not know what to do at first,
as he had not time for reflection. and no
one hand to consult for whose Judgment
he had any respect. Had he time to Law
the matter before Squite Capias and ar
range and plot with him they might have
lnterposed some excuse for delay, but as
1t was, he could not imagine any. He
saw upon the ground his old friends Nick
i oa saea apd ID afay yEgRSy Jack who were ready
then there were great numbers iH9 vi q them
well the windlass in question to be his pro-
perty, and at about the time he says that
he worked upon the ridge where it was
found.
With the proof of these facts, and an
utter ignorance of what Rosenburgh could
prove, and believing that he, Rosenburgh,
would, had he any proof to substantiate
Dummy's right, have claimed it sooner he
resolved to let matters take the course
which pleased the assomblage.
The increased feeling of distrust which
had arisen in the minds of great numbers
of the miners, against Tom, growing out of
the belief that he had in some way cruelty
wronged Dummy, coupled with the bold
ness of the charge now made by Rosen-
burgh which carried great weight with it
from his well known straight-forwardness
and candor, now became aroused Id many,
and openly manifested itself by adopting
the course suggested by Rosenburgh.
A meeting was Immediately called, a
chairman and other officers appointed and
in few minutes the jury selected from
that portion of the mining population who
were noted for iair-dealing and justice,
were empannelled. All seemed anxious
to carry out his views. The jury at once
called for the commencement of the bust
ness. Some dispute arose whether Tom
or Rosenburgh should first be required to
bring forward his testimony. It was final
ly decided that it fell upon Rosenburgh as
he stood before them in the attitude of an
accusor, something akin to prosecutor.
Rosenburgh commenced by remarkine
to the jury that he thought that he hac
sufficient proof ready to be given, which
would convince them that Tom Frost's
windlass had been upon the diggings by
virtue of which he claimed Dun1n1y's leaC
on the bottom below, but few days anc
consequently, by the same rules and usa
ges of miners, of which Tom had said s.
much of late, he, Tom, could not hold then
by virtue of that right, and if he did no
bring forward and substantiate some othe
claim to them he must fail, and delive
them up to the original discoverer. Witt
these remarks he prepered to bring in hi
testimony. He submitted to the iur'
whether he should prove that Dummy wa
the discoverer of the range in dispute.
moments consultation among themselye
decided that that was not necessary. /
was not disputed, and too notorious to re
quire proof He then introduced Brewer
who, as all the others, was required to Civ
in his testimony upon his honor. He sim
ply stated that upon close examination
of the cedar windlass on the day all wer
called to look at the diggings to ascertain
their course, he discovered across the hi
of the belligerant dog on the left of tn
two engaged in battle on the windlass,
fresh crack which must have been don
very recently-there could be no mistak
l. -