Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1867-09-24
n. x. n,,ohsn W.. w. =. o,Neale.

luls CASE ID now Oh tElbl ooioio ous6S
Rising, in the District Court of this
county. The parties being we'll known,
and the case a novel one, there is much
interest manifested in the trial. For
Mr.. Mitchell there are belong, Hundley
and Bi1lsr; for Mr.. .o,.NealO there ore
Mesick, Sesley and Curt. Hiilyer. The
issues before the Jury are: Was there q
copartnership existing between II. K.
Mitchell and W, T. O'Neale, from 1861
to the date of the commencement OF
this suit Tin May last, and until now.
If yea, what the nature
and extent Of that copartner-
ship,-to what business did 1t e1-
tend2 Yesterday Mr.. H. Harris,
of Gold Hilf, and Mr.. Mitchell, the plain
tiff, were called and testi6ed-though
at adjournment last night the cross ex-
animation of Mr.. Mitchell was. not con-
cluded. Mr.. Harris testified that he
was an original owner in the Marysville
Mill enterprise-advaucing money for
its construction. He knew that O'Neale
was also interested in the enterprise,
knew that O'Neale and Mitchell were
very intimate, but did not know posi-
lively that they were partners. Harris
sold out to Glazier Brothers, of Marys-
vile. Mr.. Mitchell in his testimony
gave a history Of his business affairs
| since 1861. He claims'to have been n
full though silent partner with Mr..
O'Neale since that time, in oil his
(O'Nsale's) business transactions. In
1861, O'Neale suggested to him (Mitch-
ely that he believed there was a chance
to make money in Washoe. O'Neale
had been County Clerk of Yuba county,
but was out of Office then. He, Mitchell,
was engaged in a lucrative law practice.
O'Neale suggested the purchase Of this
Marysville mill, or an interest in the
project. Mitchell consented and testi-
fiss to having supplied at different times
$500, $l75, and $1,000, towards the
construction. 0'Neale, came over here,
in '6l, as Mr.. Mitchell testifies, with an
understanding that they were to be
partners in oil mining transactions, in
| which O'Neale might see fit to engage.
Mitchell t~estifes that with a like under
standing he aud 0'Neale sent n man
named s. c. Campbell to Mexico.
Mitchell then read II number Of letters
from O'Neale respecting business af-
fairs. Mitchell went to the States in
1868, and then returned to California,
and in December Of that year came to
| Virginia to settle permanently. Bush
ness matters between him and O'Neale
were not reduced to statement until
last February. O'Neale having de-
clined, when first presented, to cash
a draft on him by Mitchell, for $3.50.
The latter t~sstifes that last February he
became convinced that he ought to- have
statement of their accounts, and so
he demanded it. O'Neale furnished, he
says, q statement in response to such
demand, in February last, at the Marys.
vile mill; and he swears that O'Neale
then offered to give him n deed to one
half the property mentioned in the state
ment, provided he (MitchelD would pay
off n half the Indebtedness resting
upon it. Mitchell says that he then
declared he didn't want II deed in his
own name. Last May Mitchell made a
demand for the papers, however, which
be says O'Nesle refused to give him
whereupon this suit vas brought.
Mitchell swears that he secured inter
ests in Humboldt mines, in the "Rogel
Sherman" in the "Sutro Tunnel and
elsewhere, which he Immediately turned
over to 0'Neale, as the thinning man. o.
the concern. Hetells ofprocuring So, 200
from O'Neale at one time, on n deed which
O'Neale required him to make Of his
interest in the Marysville mill. This
deed was not an absolute one-being in
the nature Of a d~efeasance; and being
exactcd by O'Neale so as to prevent
Mitchell from embarrassing the mil
property at any future time, Dy specu'
lating in stocks and getting in deb,
thereby, for which q suit against the
mill interest might be brought. 0'Neale
was always ~censuring Mitchell for stock
speculations, or warning him agains,
them, as he. claimed that Mitchell knew
nothing about stocks, Of a mining
character. Mitchell got this $4,000 tc
pay q debt due q Mrs. Warren,
from whom he borrowed money, and in
vested the same in Bullion stock, which
deprecated. He expected to repay il
with money from his father; and did
send home for money. His father tele.
graphed him So, 900, which he needed
and used in the last political campaign
las he was then a candidate. The suit
is of considerable Importance, rs it calls
for not only eighth interestin the Marys.
vile mill, but also calls for 25 feet OIL
Crown Point stock, an interest in the
Bay State and Golden Eagle mills, and
interests in profits On Chollar, Potosi,
and Savage stock, and an interest in a
large contract for hauling Savage ore to
Washe, etc, etc.