Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-27

case. Why did the plaintiff bring in so |
man, so ignorant man, |
so weak "a man; bring HIM such long |
distance for such "A small purpose? 1t |
showed that the plaintiff must be put to |
hard straights, when reliance was placed |
upon such class of evidence. Dogberry
had said that reading amt writing came
by nature, aud that was the kind of edu-
cation which Thomas Box had secured.
Judge Lake drew attention to the loca-
ton of the Mammoth and Nermillion,
and other claims made by the party after
they returned here in June Locations of
east and west ledges-showing that, in
his opinion. the intention was absolute
in the Panaca to locate north and south
ledge, and to abide 10y such a location;
and they located lodges parallel to the
Panaca, which showed conclusively,
which confirmed overwhelmingly, their
intention to locate north and south
ledge in this instance.
Judge Lake con.ended that during the
months of April and May, 1865, the
plaintiffs had certainly prospected the
Panaca location under the very laws
which they had adopted, for those laws
required one days faithful work in each
month in order to maintain them, except
after the first year from the date Of loca-
ton. The first year from the date of
location ended on the 18th of March,
1865. Granted that up to that time. and
for that year, $500 worth Of work had
been done, or more, still during the
months of April and May, 1865, and be-
fore the amendment to the mining laws,
which provided that no work whatever
need be done upon the ground, forfeit
ure was undoubtedly established. Judge
Lake then turned his attention to the
history of the Indian war in lS64-5. He
said that that was war whose history
had never been written in the records Of
the United States; had never passed into
the current newspaper literature Of the
day; aud yet remained among the local
annals of this wilderness, brought out
for the first time into any kind of notority
by the proceedings in this case. 1t GER
tainly, however, was an Indian war
which deserved some peculiar attention,
and perhaps general publicity, perhaps
deserving MS notorious place in the
history OF the country as some Of the bat
ties of the civil war. 1t was a remark
able Indian war; and the fact seemed to
be that after these men had returned
from Salt Lake to Panacl in June, 1864
they had apprehensions OF Indian hos
tilities, and they sent up to General Con.
nor, then commanding the Territory oil
Department of Utah, and having his
headquarters at Salt Lake City, for de
tachment of troops, Fifteen men, with
full staff corps, came down from Sail
Lake to this place. Chas. H. Hempsted
Captain, Commissary of United States
Volunteers, being in the Company. The,
came down here and spread their tent.
upon the Panaca, and then came thu
great campaign, when, in one day, with
out losing n man, they located half ;
million mining claims on the Panaca
Mountains; and shortly thereafter
gloating over the triumphs and spoil
of an Indian war, folded their tents an,
returned to Connor's headquarters a
Salt Lake This was notable Indial
war, sure enough; but it might be sale
that it ought not to be held altogether il
derision, for there had been at least on
personal assault-!hat committed oil
young Thomas NJ. Box But he ,scape,
from the knives and arrows of the say
ages, although, according to his own &C
count, it was but hairbreadth escape
He WAS here to tell his story to-day Oh
behalf of the plaintiff. He lived unerip
pied and unscarred, and came out of tina
single-handed battle relic and witnes
ornament upon the stand in behalf c
the Raymond & Ely Company
Judge Lake said that while he had n
. wish to wound the sensitiveness of youn
1 frbap,no NJ Row nv hot pf lIs fr.nIS n
relatives, yet perhaps it might appear
when one reflected on the possible catas
| trophe of that engagement, that 1t ha
been well if the Indians on that occasio
had succeeded in slaughtering their il
intended victim. II he had been made
sacrifice of on that occasion his nam
would have gone down to posterity wit
degree of glory and rsnown about il
which, alas! now it WAS never likely t
obtain. Elk. Secretary Seward had tol
, Judge Lake, on one occasion, that, how
| ever, harsh it might seen, and howeve
= melancholy was the fact, yet it was tru
that in the lives of great men there wa
f.; an eminently fit time when they shout
E die; and ex-Secrectary Seward had il
1 stanced the case of Mr.. Lincoln, and /
: had said, also. to Mr.. Lake, that it was
e pity that, owing to the yoke which he ha
r about his neck at the time of the a
: sault made upon him, he, Mr.. Seward, ha
: not also fallen victim to the assault ,
/ the assassin. And now, said Judl
o Lake, here u third case comes in for r
:, gret on the one hand or the other. Hel
e was Lincoln, whose death was most o.
s perfume, and Seward SO acknowledge
vi I'd rarrakkinp h
d own recovery; Lincoln, Seward and Bo,
Q three names fifty joined for this occasion
u Judge Lake then proceeded to revie
l.. the McDermott case. He insisted tn
d on that occasion there had been VIII
Q should have amounted, and came ne
|, to absolutely and legally amounting t
r an estopel of the present suit II
= President and Secretary Of the compaI
g had sworn solemnly that the ground {
t which the Lightner ledge was stru,
!, was not entered upon the Pa
]. AGA title, and that Hamhn and Pulls
n fer had no claim to that ground; al
S Colonel VIM. II. Raymond had listent
# approvingly to an answer which can
j. near being filed in that case, in which Il
W Panaca title was denied and denounc,
n unqualifedly. There was no escapil
1t the impression, and there ought to be !
). escape from the moral force of this pa
D. OF the history Of the Raymond 4 L
lie litigation.
3 Judge Lake commented with gre
h severity upon the idea that the office
of the company could. on that occasio
j. make such solemn asseverations al
j. denials, and then turn round, throui
is their counsel, and proclaim and asst
rs the validity of that title which they h
N denied and disclaimed. He said Ii
IS lawyers did not recommend their clier
10 to commit perjury; that on the occasi
a. referred to in the McDsrmott suit the
or was an honest intention to make DO
r fide denial of the title; and the asserti
ot of this title now was the result of q {
to termination, evidently, to obtain the &C
u Al 1 ~