Owyhee bullion. [volume] (Silver City, I.T. [Idaho]) 1866-1867, 1866-12-20


ment Of you delicate amOurs AS said be
fore | merely mention it by way o. variety
| must not forget to call to yonr Honors
attention the case OF OF Dahnren vs.. Silver
Monarch tired last term. Being Il cause oil
great Importance it seemed lU ~ one in which
you took Il great in crest. This interest
gts so marked that few in the audience fail.
ed to observe it. You overrued Defend
ants cOlnsel 50 constantly. sometimes even
in advance aud with such ease as to chal-
lenge ever their rdnWtion. You surpassed
yourself if possible; you ovsrruled Judge
Field, now Of the Supreme Bench Of the
United States; in fact you overruled every
thirg till the cause came to the jury and they
oreIrued y0a The verdict went against
you-Judge you lost your case
I But your services we're not merely confin-
ed to ovcrrullng. They were Invaluable in
harrssing your opponent GU drew, in the
| presence Of the jury from the bench unayor-
able comparison between counsel, anounc
ing that zone talked -four times as much rs
the otho :" You upheld fractions and
stutorn Witness in bis efforts 70 evade ans
weriug direct questions Finally, your ill.,
structions to the jury were admirable. You
!
such thing, Judge, as driving nail and
then clinchrng it so tight that the head will
come of. In the judgement ofyorr cores
p ndent you endeavored, by your instruc-
tiohs, TO "clinch' the case little too tight
and pulled the head off the nail
The law s.that a party locating a quartz
edfe shall have 80 feet ION each side Of the
ledge You held this 80 feet laid on each
side Of a line drawn between the stakes
You instructed the jury it did not make any
difference whether the Silver Monarch ledge
was, or was not, the same claimed by the
Dahlgren, if it was within the limits of the
90 feet as indicated by the stakes. Though
the law says these 80 feet shall give no right
TO another ledge than the one intended to
have been located, but that, where another
ledge should be lound inside those limits, the
center line between the two lodges should
he the dividing line between the caims.
Ihls you construed &c mean that person
might find II ledge outside those limits and
trace it within, but could not find it within
and trace it without. Finally, that lie must
prove that his ledge was not the same us the
one first located, and that he should not
prove this. because if be did prove it was
not, the law still presumed it was. lii fact
with this mess Of nOnsensical absurdities,
though the law is so plain that 1.-THE wayiar-
ing man thou 4 . fool. need not err therein =
you succeeded il flashing such an array Of
darkness around The srbiect, that no one
could comprehend your meaning, iurtherper-
haps than your general desire that the Jury
should tiud against Deie 1dants.
10 accurately sum up your career would,
al . L.. 1
long time your correspondent wayered in
forming an opinion US to whether your extra
ordinary judicial eXcentricites we're rather to
be attributed to folly or knavery. But he is
persuaded from careful review of the record |
that your Honor has no ment il bias in these
respects, but that these qualities preserve in |
You an exquisite and absolute harmony"
lie will not say OF you as Alacauley of |
Barere, that he has succeeded IN placing him |
upon an eminence of inany from which he
could not be taken down" Nature does not
seem to have gifted your Honor with any
pecuIiaIity liable to ac ieye for you any kind
Of cminence. unless it be that you ''have had
greatness thrust upon YOU aud have shown
yourself em'nem,y the wrong man.
Tins must be apparent to the most obtuse
understanding, even oyour own. You must
see that your usefulness as a judge is at an
end; that you have aiied to insplre-aye,
that you have lost all confidence. VIII you
still continue to abuse our patience? How
ever your popularity may be impaired, you
have yet within your power an act which
will secure loryou universal apphuseand pop ;
llarity; and that is to confess "ingenuousy"
like your predecessor in the ermine, Lord
Bacon, By V0W resigHatiOa. Though in
other respects, you may possess none OF those
liaconan qualities which mny enable you to
confer bic sings on your fellow men as he
did. this one blessing is at least within your
power and will be hhiled with rejoicing by
your fellow citizens and none will be more
willing to forgive you your numerous iu-
lymties than JuRlscoNsuLrus.
We notice our next door neighbor
mr. h. I n 1 !