Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-10-30
LOCAL ITEMS

RAYMOND & ELY vs.. KENTucKY.-Yes-
terday morning commenced the suit in
which the Raymond & Ely Mining Com
papy is plaintiff, and the Kentucky Min
ing Company is defendant. At lO:l2 a.
m. court met, Judge Fuller presiding.
The minutes Of the preceding meeting
were read and approved, and the
roll of the term jurors was called.
The Jurors were then excused until p.
m. His Honor then stated that honora-
able w. H. Beatty had consented to pre-
side in the case now coming before the
court. and he invited him to take the
bench. Judge Beatty took the chair, and
asked the counsel on each side whether
they were ready to go on with the case.
The reply was in the affirmative.
D. W. Perley asked whether he could
make motion not connected with the
case about to he tried. His Honor re-
plied that he did not believe himself en-
powered to decide any motion outside OF
the case which he had been invited to
preside over, and he, therefore, could not
hear the motion.
The attorneys employed in the case
are. for the plaintiff, Kelley Il Thornton.
John CARRIER and Thos. Wren for the
defendant, Mesick * Wood, Delos Lake,
Ptzer & Corson. and Bishop & Sabin.
N, G. Upton, short hand reporter, is en-
ployed by the plaintiff to take down the
testimony, motions, ETC., in the case.
Counsel for plaintiff read the CON-
plant, and the answer of defendant in
the last case, and the examination of
witnesses was begun. During the fore
noon n. Wescoatt, civil engineer and sur
yeyor and H. r. Breakey, Mining Re-
corder, testified. Mr.. Breakey was APP
pointed to make certified copies of the
mining laws Of Ely District, and of the
Lightner location notice, and to file the
same By consent OF counsel, a recess
was taken till 2 p. m, in order that the
Judge might visit the ground in dispute.
At 2 p. m. business was resumed.
The term-jurors were excused until the
10th day Of November, on which day, at
10 a. m. they are required to be present
unless otherwise notified through the
press.
The following witnesses then testified:
W. H. Clark, Z. J. Lloyd, Taylor Bird,
G.. W. Edwards, Reed McLane and Mr..
Lee. At 4:55 p. m. the Court adjourned
until 10 o'clock this morning. Night
sessions will be held, if that be found
necessary, to shorten the time of the
trial.
QuEsrIoNs.-I the trial now going on
in the District Court, witness stated
that it was some years ago considered
dangerous for small party to go I'M
armed out from among the settlements
in the vicinity OF the place where Phoebe
now stands, on account Of the hostility
OF the Indians. He mentioned one man
who was killed by young Indian who
had been told that unless he should kill
white man he would never be "big
chief. Counsel asked, do you not
think o mans life is in more danger, in
the streets of Phoebe to-day, than in
those times?" II hardly know" was
the reply. And" continued the attor-
ney, "do not good many men in Phoebe
kill their men for reputation 8 sake-in
witness replied, II believe they do"
RuMoR.--It is said that rich strike
has been made in the American Flag
mine. The stock has risen within the
past two days from "a to so per share.
1t was quoted at the latter figure, yester-
day evening, at the closing of the Stock
Board in San Francisco. There is q con-
siderable hutter among stock dealers
here in consequence. If the Flag be-
comes dividend paying mine it will be
very favorable thing for Phoebe. We
need something to make the times lively,
and there is whisper in the air that
more than one cause for such O happy
state OF affairs will be known ere long.
COMMUNICATIONS Morgan g. Co.
yesterday received a telegram from Louis
kaplan, Secretary, dated San Francisco,
October 20, announcing that CONSOLE
dalton had been effected between the
uolden Chariot and Minnesota mines,
located near Silver City, Idaho. New
stock was to be issued yesterday. VIM.
n. Clarke, formerly of the Raymond &
Ely mine, and now temporarily in this
city, will be superintendent of the new
consolidation.
PERsoNAL.-D. B. Nye and VIM. S.
Byrne arrived here on Wednesday morn
ing from Salt Lake. Mr.. Nye represents
tho house OF E. A. Fargo 4 Co., lquor
dealers in San Francisco; Mr.. Byrne is
doing the agreeable for Kane, Wand g.
Co., also liquor dealers of San Francisco.
Mr.. Byrne is an old newspaper man. but
we are glad to see that he is now in bet.
ter business. They will remain in town
some days.
PHOTOGRAPHIC. --Sutterley & Fox, pho
tographic artists, will open their gallery
on Saturday next. They have selected
the room on Main street, over Ike Phil.
lips grocery store. Mr.. Sutterley is an
oid'tlme photographer in Virginia; Mr..
FOX IS well known as an artist of great
merit, being portrait painter as we'll as
photographer.
JUSTICE VAN HAaEN's court was idle
yesterday, as far rs regards criminal
cases. Hopes are entertained by some
that the "strap game thieves, and some
others, may be brought to sense OF
their iniquities, through the means of
them.
"EATHER.--The temperature was COM
paratively mild yesterday and last night,
though a couple of round pieces of ice
an inch or more in thickness, and two
ieet in diameter, which had formed in
the bottom of tubs, remained unmelted
10 the street. They had been thrown
out on the previous day.
BARGAINS IN CLOTHING, ETC. Williams
a frraut will on Saturday commence the
sale by auction of a full assortment of
clothing, furnishing goods, hats, and va.
Iious other articles. Read their adver-
usement and on Saturday be on hand to
make purchases.