Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-15

1870, WHEN Ashley and myself, with
view OF examining the OH ;.tlCs, visited
Meadow Valley aud stopped two OF three
days; We met Vandemark, Box, Howard
Livingstone, Colonel Raymond and
Henry Raymond; / took copy Of the
Panaca plot and notice; upon attentive
consideration came to the conclusion that
it WAS invalid, fer the reason that it bore
the marks Of fabrication ON its face; also
that il referred to laws which were not
passed at the time Of the location; fur
ther. that without the memorandum OF
S. Sherwood there was no boundary
course or direction indicated; after that,
in company with Howard Livingstone,
Box, Colonel and Henry Raymond, i
went on the ground Of the Pancca; went
by the Meadow Valley works; looked at |
both places, the Lightner and the Panaca
shafts; as the company owned the Nam
moth GOO feet, l advised Lightner to en-
ter on that ground and begin the Light |
ner shaft; | didn't know much of the |
Panaca location; knew there was hole, |
and that was about all; moved here i'll |
January, 1871; l knew very little more |
till late in 1871, just prior to the transfer
to the company; l went there with
Withe Walker, who was acting as super
intendent for John Ely ut that time; he
was superintendent at the Burke mine;
he went with me to the old Panaca shaft;
he said it wasn't worth d-n; he had
been at work there, and had quit it; l
never saw him at work there myself; MP
to the location of the Hermes / had no
knowledge of the boundaries of the Pa
naca; it was a mere name as far as | knew;
recoilect the time when Judge Hardy,
Ivcns aud myself we're on the ground;
the Raymond Il Ely had trouble with the
Phoebe West Extension Company; Judge
Hardy and myself sent to Fillmore or
| st. George for Ivens, and was instructed
! to search the records at Fillmore, st.
George, Salt Lake and other places, and
bring Iyers lere; he returned here with
/ Ivens; Hamlin and Pulsiier were here
also; had an interview with them at
my office; Lightner, Rives and Hardy
were there; | asked Ivens whether he
could produce plot or field notes; 1vens
replied that he didn't know whether he
had any or not; went on the ground next
morning; lyens had to be told where the
Panacn shalt was; he went down from
there little northeast OF the points
fixed by the witnesst S rs the initial point;
he was not able to point out any but that
one stake; he could find nothing else;
Lightner, Hardy, Hamlin and Pnlsifer
were there on the ground; lvens made
no attempt to show plot, diagram or
field notes; Hardy and l came to the
conclusion that the whole Panaca loca-
ton was worthless and that the whole
thing was void for uncertainty; Hardy
told me ut least fifty times that that wa
not good location; he said it was a null
lity and unfit to come into Court; there
was a meeting Of the Board of Trustees
in November or December, 1872, just
previous to the commencement of the
legal troubles between the Hermes and
the Raymond 4 Ely; all the counsel
were requested to be present; told the
trustees that | understood that they were
J about to consider the Hermes, and as
: was intere sted | would have nothing to
, do with it, and was not present at the
= interview; Hardy showed me writer
l opinion Of three OF four sheets, and reat
it 10 me; its general purport was the in
' validity of the Panaca title, and it also
discussed the question of abandonment
/ / particularly remember the word; j
= there were an abandonment and the lane
I became "publci juris' they could no
= rehabilitate themselves without new
| location: l never heard of the consolida
t ton paper until the McDermott suit wal
: commenced in the month of June, 1872
D | aided to defend that suit; my contrac
e with the Raymond 4 Ely for legal ser
: vice did not extend beyond this State
: but Mr.. Ball requested me to act in tina
t case; they paid me $1,000 additional
e after the suit was begun, MOulder, til
d Secretary OF the company, handed IN
y the complaint; Hardy and myself sug
t gested the employment OF McAliister
e Bergin: motion was made to strike on
( large portion of the complaint, whic
t was sustained; | then left for the East
J, upon my return l found an amende
$ complaint had b en- filed, and that de
: murrer had been interposed for delay;
e received letter from Hall McAllister t
e this effect Dieter Iroduced); upon re
e ceipt of this letter | returned to Sal
e Francisco; knowing that business re
70 quired me here, | was requested to pre-
4 pare an answer i'll case the demurrer wa
# overrued to be ready for filing; foun
rs that McAllster had allowed the demurre
n to go by default, but McAllister, by II
lie quest, got it reinstated on the calendar
lie McAllister thought it would be overrulet
is but differed with him; Hoag was en-
k ployed to assist me, and urged it; e.
r pected to come here; l was directed
|; prepare an answer; was given copies {
1T the old record books; they understoo
@. it was necessary to buy the Panaca it'll
rs Colonel Raymond instructed me to den
ID everything in the complaint; Hardy tol
is me that the Panaca title must be denie'
ut had the answer engraved and took it
n the Raymond Il Ely Office; told Mould'
rs and Bull that it contained full and con
a. plete denial of the Panaca it'll
of Hardy WIS pr sent; l read it all throue
~ from beginning to end; Col. Raymor
" said it was all right; Hardy inserted son
q names; it was not sworn to as the parti
t, ular occasion for which it was prepare
er had not arisen; that answer was left
&c Quint a. Hardys Office it was read he;
~ the other day; the same identical pape
H. found it at CUNTS and took it hon
of and brought it up here with me; at Il
of time was instructed to make these d.
it; malls; l think Raymond had the b
he titles; he always denied the Hamlin al
ed Pulsifer title; don't think he had She
er woods or Shuts; they never did ha
lat Vandemark title until after the McDt
o. mott suit was settled and this commence
on found out myself that Vandemark W
al instrumental in getting up this su
lat don't think that Col. Raymond told II
I'D as to those afidavits of Bull, MoulG
ed and Henry Raymond, | had nothing
ed do with them; was up here; l dol
til recollect whether had any conversati
ID; with MeAllister respecting the necess
Tiff of denying the Panaca title; know n
OK Allisters writing Dieter shown; that
Mt his signature; received it in reasonal
ere time after its dispatch; the body is not
it think, in McAllister's writing; the sigl
in ture is; the letter of Hall McAllister v
ad read and admitted as evidence on beh
It'll defendant; the answer was drawn W
&C. no reference to the dispute between
re- Raymond & Ely and the Hermes
IN could very easily have had it filed;