New-York tribune., 1872-03-08
THE MCGARRAHAN CLAIM.
ARGUMENT or CHAs. r. SHAW. Esq,

and Caldwell present.
mr. nhhWMr. Oha"nom nnn ,e ne"",y"" ~ NV arrn
no'n"'"os "neIn =" lii u,S *, 90 time shsI
,nn', "" poin'P' now 40 WI 10 ~ y y.a,..j of Tho
have to make you acquainted with the pesoe&a & %, 'nS ~
t now iu,a , ,ne c,vnpay' az" & .no hov,S have been
tnht corporation although u meyer M % snou Jul ha tbe
heard o. ~ tne 1 ts tue a. ",G s iue
cnco upon tno oonrIs OF on tne onea & % h " t,b ia
crt,ncno nave ever Deeh sesn ~ & % ,nod ~ coniest
ony IN nane IAN mas he W mn III ~ @ h hat Com
psnV Years ago have Already so%a he Courts aud
the Executive conceded the validity Of the memOriasps
claim; but that Company through such appliances a.
could command, has been enabled % ntepob ltsef IN
the Attorney Generals Office and thereby has secured
and directed all the and power OF t6at once
including thousands Of dollars from the Federal treas
ry with which 10 fee their own and attorneys ia
making war unon the memoriast's adiudcated rights.
I'm memorial presented TO Congress In 1867 by this
Company they recite contest with Mr. mcGarrahan
and boldly av0w, 10 use the words OF that memorial
"they the real parties who contested the grant
(Senate document page 3g), and the truth Of that
declsraton which implies that they moved aud inspired
the action Of The ATTORNEY eneraTs office aud the oi
GERS OF tne ahon pch we have 40 much
:" compain thew urged az an equitable inducement in
sunortin0 their claim to the pr0erty "a preGnptOrs.
'"fio - -" - =. -. -
i'n ADV N h"oHhi 1,"',' o,'' ,,,ar, ,oo mall
w" WIN ~ '"i' '' ~ ~ -, -,
al" oAo'0,'o" ,"o po".i " .o a,
r''' "o ST. , ,,, r,, ,.oo,., ,r.,t
III" p"prS j" 'o o''' ., "nr,,.''saio, uanrv
" ,.. ,r,,,' ,y,,.. - oi,h an, ,bree
or four other DOOR and miners were pros
,,acting in The P,noche (;rande Mountains and
made discoveries of quicksilver there They
,n.Je no nro0ress i'm the deyclopment OF the
io and neir dscoverv seems IN ba We attracted little
or no attention. as appears by the sworn answer the
Presdent of the New Idria Company in an eectment
anil brouoht by Mr. McCjarrahsn in the state Court
against their superintendent. Maxwell as the immediate
phi .r nuu % tbe PreS5ent Alexander Porbes do
III ,his hns"oi '"o iio'"'"" '' '
poser as , ava, -, .,d nl,u,g obtained his prs.
& =, 'na ~" q, ,hou tIe ia of december 1881 when
aid lands iod y.es and eefo5f any qpa 1
beeBer expended for ~orsing the sans .,, a.. .,,,.
After while. these miners were induced, on tne sug
gestion OF certain william Nicely thompson 10 olanoiT ,
their squatter claims as dlsc0verers 10 inning COM
a of securing the requisite capital for the work
ing and development of the mines ,., ~, H.
This ThOnpsOn-we shall meet with nm ire
quently thi. cisowas bankrupt schener who repre,
sented TO the dscoyerers that he could influence capa
Tor an3 Sye him Control of tbs
proposed COMPANY re won ,nG S an,erea sD So
1st aa m With one Daniel ibb wealthy c
zen Of San Francisco to exercise his influence aud power
as the controlling to trsse s &c bb fS o nominal Of
all the miners interests as they SHOULD transfer
SuItius trust of one-third interest IN SAID lease
HOW THOMPSON ACQUIRED coSTnoL
In pursuance OF this scheme the Ne"-iura "omPany
was organNed' Win thompson "n' iicNu,
the direction, Jan. 49, lS's ana capita' s'ocN oi
s-'V'' pau UP DS ''p t.D ~ ,a, ,otn =;
the direction voted and executed the lease to G0b for
newa alternating the miners rights, as transferred to
the Company, in effect, for 20 years -, ,o .oo,o.
few months later GLIB, IN execution OF the secret ,
understanding with Thompson, aSsiIneu Hlin
through Thompson arthce, ana hat the New
ldra COMPANY Was in fbc ppo0ertY without
saiion Legal controversies arose which resulted IN
OnS 20 Ge n wen o" ToEn the mines for
lhouipso anu EpC Az, Sr,n 1,ho,.,p "a, no a
years ana hnay riop u'cui hnom rri -, s,ppPiv
claim 10 control the whole pr2pery as ri, snf'iH IN
equity TO enforce that clarn against the eX-
I,r; nnnseI fny the executors as ne mad been for
Gi, IN In. fcttme and as he was i'm the Maxwell erect
rment IN the case before me and TO IL am Indebted
sr ,,'h 81 ,ha narratve nave gwen AT page 202 OF
Mr. Casserly's argument he discoses the fraudulent
combination OF Gibb and Thompson lie says .,
ihs ph,9un case % ~ " ns nra3 by aoi 1nser an
original between him aud GLIB 1nd before the date Of
n. 70 's . % Of @ e the plaintiff and that The
agreement Of Ang 23 1850 merely aod solely or the pnr
of R 81 IL further that at the date Of such
agreement snd Of the lease as well as OF the written
arpt e are and oneG Ia lie granting AMI eIecaion Of a.
one(Rsc 76 fol- l2 81 lease &e rec l25 lJ 'el
the rights AMI interests claimed by him und"
% his part against tue Company which Court Of Equity never
W" u,, NV u''1e @ " ~ a., mis- Irief Mr. CasserIy says.
The 6.r IN The case is that which he homp,,nl propose, To
brought almost uohns into great euerpse The course Of
services superintendent without who
h'. means no" ~oeth 20 P % e eiPe9. OF oPenpg
aud carving ou Lac % t c, .,crnt tS,, which s S ~
out Of l." oo ro,ooo.
hg,lli @ U Pc pa & ~ a, s.i @ ,.,s,t NJ, Gbb and N.
AZ ~ y w. 1iH1 1 s ',,,,nst. rf lnI IA been Tor .syer,I
pn" @ 1h S5re as .ps merchant on h coast. in large ba,i
1es here and abroad and with position The pnf
had 1 been reliant que the lumber trade
hal failed novent AMI had become largely ueb'ei 70 D. Gbb
Co.. or to Daniel Gbb for the second Time .n i"o !ras
,,..r -, - ;,,...,, =, .,s .boli ~, ,o,, IN,
- Inc LIE VA NJ, h,,n srcI'I @ ~ h,ssn stans, " ~ ~ ~
ne ,e,asG ti 20 a,, p,,'r,, 80 r on ~ |~ ~
hsdin VI Phs' VI -, -..a -, . .....,, o.a .,-.,t
pnlsI uIno VS. ~ uos DL 50 m nmt ~ i ,n d, be- ,o
one 700 "uon 80 ny " ~ -. -, ma,
u' 'he Nt1'es' 49, a., ,0' ''''''' -' ~ ~ W ~ ~
coss on any worse terms
On page w nc Sdt o. .,t,.. -...-.,
lie lhomps3nl ~ o~onel '' onVtl o' ,h 1 , ' m ~
con- onHsfau"h' 'e "a' !" ''A ~ "' - ' ''''' ~ " '
"'"' - - - $500. .. ~