Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-11

y
ing of the answer.
Judge Mesick here proposed toread the
answer referred to to witness.
Examination resumed = My under
standing of the object of the McDermott
suit was to establish claim to 9,113
feet of the Raymond Il Ely ground he
asserted tie claim under the Panaca con-
solidation agreement; when the ques-
ton of that title was brought up by the
lawyers ] have always asserted that it
was the main title. A portion of the
snswer was read to witness, who was
asked If he toud reno mber it being read
to him in San Francisco. He replied,
can't remember if heard that read; if
/ had / should think / would protest
against it II had my senses
Col. Thornton desired that the whole
paper be read, when Judge Mesick
argued that it should be admitted in evil
dence. After this a number of extracts
from the document were read to the wit
ness, who returned the same answer in
each instance-that he did not remem-
Der whether it was read or not, remark
ing that he wasn't the Judge of the prop
er mode of defeating the McDermott
title; my impression was that the true
way was to deny the jurisdiction of the
Court in California; and then l would
have defeated by the truth; couldn't
swear whether the answer was read en-
tirely or not; have faint recollection OF a
paper being read in the middle room
in the Raymond & Ely Office, in pre- sence
of Hardy and Perley; but know well
that / protested against committing the
Panaca title in that way; never talked
with Mr.. Rives about getting the Moni-
tor ground; Li9htner had conversation
with me in which he state the impor-
lance of procuring it; l saw McLane,
who asked me $4,000 for his claim;
went over to Hearst's or Higgins office
by Hearst's desire; be wanted me to put
the Box titles in the Hermes Company;
don't remember any other interview that
could be called one; l saw him once at
the Raymond & Ely Office; Hearst
showed me map with the Hermes and
Panaca locations upon it; told him he
was ON the Raymond g. Ely ground;
Hearst said that Colonel Lightner point
ed out the ground, and ought to know; l
said he did know it; didn't offer to go
into the Hermes Company il l received
half the stock; Hearst said the
Panaca was not good for anything; l
said, in that case it was not worth while
to sell it if it was so worthless; besides
| was Raymond Il Ely trustee; / said
if they had offered me 10000 shares
there might be some sense in it-then l
could have strangled the cat; they offered
me one sixth; said wasn't going in at
all; the Box titles were bought for the
purpose of trying the validity of the old
titles; my brother gave $4,000 for them
at the last of the interview with Hearst
| said l would think of it, and left and
meyer called again; don't think Henry
Raymond communicated with Haggin
don't remember of making II proposition
of going in with Hearst with scattering
claims; the principal reason. if you want
to know why did not go into the Her.
mes was because l thought it got up for
a cheat; | did not make proposition
that l would go in with Hearst on eondi-
ton of receiving certain number of
shares; the letter from Lightner stating
that | could get 10000 or II 900 shares
was in my pocket when was talking to
Healst; | showed it not to Hearst or
any one excepting my brother; l only
know of the formation of the Hermes
corporation from the newspapers; dom
know that told Alpheus Bull that |
couldn't go in with "a better man than
Hearst; should think it was fiattery to
say so.
Direct resumed-l remember Of three
or four of us leaving San Francisco for
Phoebe in November last; remember
meeting Judge CARRIER at Reno; Garbe I
was in San Francisco when the answer
was read, if read at all; l know if had
heard it should have asked its effect on
the Pandca title.
The proposed answer, with the por.
tons of the McDermott complaint nee
essary to read the answer imteiligibly,
was here admitted i'll evidence.
Judge Lake, on behalf of the defend
ants, asked few questions, which
closed the examination of Col. Raymond.
The complaint of the Raymond 4 Ely
Company VS.. the Meadow Valley Exten-
sion Company was offered and admitted
in evidence; also mn extract from the
Court minutes of August %, 1871, where
in d. W. Perey was substituted for J. G
Foster as Attorney of record for the Ray.
mond 4 Ely Mining Co.; also the com.
plant of the Raymond & Ely VS.. the
Kentucky Mining Company.
D. Wilkin testified that he had had q
conversation with Perley about the Caro-
line and other claims on Panaca Flat
| it was before the fire; think the fire was
year ngo last September; on the 18th
September, 1871; don't think would
have recollected anything about the con-
! yarsation unlass I had been iNterested