Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1864-08-04
UNPUBLISHED CHAPTERS.

had the last say on him, at the Gould s
Curry feast. On Monday afternoon, il
became whispered among the quid nuac.
that Locke was going for the Potosi, ant
the faces of the Chollar men were long anG
sad-those of the Potosi's broad and glee-
full in proportion. One or two mer
bought Potosi stock that afternoon "on q
dead thing" Locke had arisen from his
slumbers, and, after the interview spoken
of with North, got drunk as an admiral
and started for Carson in a two-seated
carriage, accompanied by one of the Chollal
lawyers and two Others, supposed to be-
long to that side of the house. Locke
with the confidence inspired by whisky
insisted on driving, and drove as might
have been expected. He capSized the
buggy over high bank; the buggy wa:
smashed to smithereens, and the horses
ran away. The party obtained two other
teams at Silver City, and started again,
Locke keeping up his lick at the lightning
whisky, quarreling with the teamsterS on
the road and hugging his companions
Arriving at Carson, the fahgued Judge
retired to bed. The next morning, North
arrived from Washoe, with Atchison, and
then the way that judicial business was
dispatched was caution TO the Court OF
Queens Bench. the Supreme Court of the
United States. or any other old-togy
tribunal. AT twelve O'Clock, the Immor-
tai Three met for consultation, and at half
past three p. NJ, had decided SirteeR cases.
! Several of the most important OF these
had been argued the week before, and
neither Turner, Locke, nor North, had
| looked at the record in either of them
since the arguments, and did not look at
them during their consultation. As soon
as the Chollar and PotoSi case was de-
cided, North left the room for few
minutes, and, it is supposed, commu-
nicated the result TO the Potosi men.
Lent, who had come down, left before the
consultation was finished. Every one OF
the cases before them was affirmed. No
opinions were filed at that time, but there
was big Potosi jolifcation that night at
| Dorsey's mill, three miles from Carson, at
which North is said to have been present.
Immediately after this an agent of the
Grass Valley Company, as is well known
to the public, denounced Locke as per-
jured scoundrel, having previously noti-
fed him of his intention so to do. The
next day North files an opinion-Locke
coucurring. By this opinion North held
that the record in the former action was a
bar to any claim by the Chollar to the
ground now in controversy. The Chollar
! Company were anxious not to have the
decision based on this ground, lest 1t
should be held authority for subsequent
decisions on another trial, and preclude
the introduction of any evidence by the
Chollar Company, especially should it De
tried before North. The Potosi folks
were, of course, as anxious the other way.
The Chollar folks remained in Carson two
or three days, and stuck to Locke like a
sick kitten to hot rock, until Locke
finally fled an "addeadum to his de-
cision, which removed the feature so
preiudicial to their case. That addendum
is curiosity in law, and reads as fol-
lows:
at is unnecessary to express any opln-
ION rs to the merits of this cause. Both
parties may be heard upon the trial as to
what was adjudicated on former trial.
P. B. LOCKE, J..
Turner now thought he had Locke
nailed, and to clinch" him, writes and
files the following:
Opposing the whole doctrine in the for
mer opinion, concur with Justice Locke IN
the views expressed in the latter clause, to-
wit: that it is unnecessary to express any
oninion as to the merits" etc.,-and that on
the final trial before the Court and Jury, both
parties should be heard in evidence as to
what premises were adjudicated in the former
trial, these OF others.
GEORGE Turner, C. j."
The next day, down came the Potosi
folks, and North came also. North and
the Potosi folks got Locke in room and
had long talk-the Chollar men trying
to get him away, and succeeding as far as
to prevent him from signing retrarit of
his "addendum" that day. But that
night the Potosis captured him, and took
him to Washoe. There he was kept a
week under North's tutilage, and the Po-
tosis "argument" when he fled the fol-
lowing with the Clerk of the Supreme
Court.
"You are directed to strike from the files
in your office, my addendum or qualification
to the opinion delivered by North, Judge, and
concurred in by me. Said addendum or
qualification is hereby revoked by me, and
rendered null and void and to be Of no legal
effect.
Given under my hand, this, the tenth day
Of May, A. D., 1864. P. B. Locke"
The cake of the Chollar was very cold
dough. This noted case, was lengthily
and deliberately argued and the authori-
ties cited were numerous. 1t is usual, in
such cases, for Judges in writing their
opinions, to enunciate the principles of
law which govern the case and to cite the
authorities which sustain them. In this
case North has done neither-and Locke
concurs." What induced him to write
that addendum: Certainly no re-exam-
nation of the points, for the senseless jar
gnn of that document betrays nothing of
the kind, and in fact, it is well known
that he made no such examination, and
then what induced him to sign the re-
trarit: Thus we conclude one of the
heretofore, unwritten chapters of the judi