Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-04-23
THE woopmAN's CASE.


THE wooDMAN's CASE.
Judge Rising. this morning, rendered o
decision in the celebrated wood case of
Shepard-Jones or Jones.Shepard against
Bob Graves, Of the Empire mine. Our
readers will well recollecs the particulars
Of the case, as they were stated in u
local column. and subsequently made
known in a published card from Mr..
Graves. The decision is a very binding
one on the woodman, be he agent or be he
principal; for the judgment is made upon
Graves testimony and in disregard Of the
point-blank swearing Of Jones and his de-
clared boss in the sale. The probabilities
Of the case are weighed with admirable
precision, in the light Of the evidence Of
the Empire Company's Superintendent;
and the demonstration is clear beyond a
peradventure, that there was a definite
agreement as to the time when the wood
should be delivered, and the quantity per
month that was to be forthcoming.
Jones going to Dayton and elsewhere 10
look up wood for Graves, when his
(Jones) teams were said to have given
out, is commented upon, as tending
strongly TO establish the fact-in the face
Of Jones oath-that the understanding
was for q 200 cords per month delivery.
It is accepted that the testimony Of Jones
and Shepard proved Shepard the principal
and Jones the agent; though, it is men.
toned, that Graves had no original knowl.
edge Of this relation Of the parties, and
had no such knowledge brought to his
notice direct until the suit was COM
menced.
The judgment is for the d.fmdant. In
asmuch as Graves had to purchase wood
during the Winter, at SIS per cords
loss of So per cord according to his state
ment, and "a if calculated by Jones' and
Shepard's swear-there is an aggregate Of
loss and damage to the Empire Company
set down at $1,000. From this amount,
$3.50 is misunderstanding the 100
cords delivered at Jones igures-Sl4 per
cord (giving him JuIsiee y. The remain.
der, 1920, is assessed to Mr.. Shepard, who
is allowed to be the principals his tes-
,imony and that Of Jones' proved he was,
This righteous decision will have a ten
dency I revive the hopes Of numerous
good citizens, who were becoming despon'
den, as to the possibility Of obtaining ar
impartial verdict against certain rich mer
in our communities, in cases where q very
considerable amount of money was d.
rectly or indirectly at stake. We had NJ
fears of an opposite rendering, for thu
good sense and sterling integrity Of Judge
Rising Is a subject Of our long entertained
and profound faith and con~gratula,ion.
An honest, fearless, incorruptible Bencl
is what we most need in our communities
and when nominations come up next fal
we trust and expect the Jefersonian ties
will be applied with special force to candi
dates for the District Judges place. Their,
are innumerable indications Of the neces
sity of this caution, which it is presumed
will be exercised.
When the people lose confidence il
their Courts, then, indeed society is or
the quick road to utter Decentralization
and ruin. But when inscriptions rich
men are obliged, by the correct admins.
tra,ion Of justice, to follow St. James sal
u~tation, go to, ye rich men, weep and
howl" then, no matter what evils may be
noted elsewhere and otherwise, society is
on a good foundation, and time will bring
all the accidental improprieties and wrongs
Of pioneer communities to a reforming
judgment. And though one branch o!
the system for protecting the Right and
Furnishing wickedness in high places be
corrupted, yet if the other branches are
sound, healthy, to be depended upon for
the truth, then the labor Of life, life unto
strength and beauty in the State or county
or city is promised as sure as the days
follow, a neighborly acquaintance and
friendship extends, develops, deepens and
produces its legitimate fruits.
Shepard vs.. Graves.
Verdict for defendant-in 1920 dam
ages.