Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-30

conspicuous socially to he made a,ne ma
BILE for their acts. as peop.e are who be-
long to 1.-The common herd" Perley is
an attorney, they say of .weniy-tiv years
practice; George Hearst il II man of great
wealth; and as to L:ghtner, why is not
he the create 81 letter writer in the United
States: This is consistent enough with
Judge Mesiek's iiea-expresse in one Of
his earlier speeches in the case-ihat
poor man should not be allowed to take
up mining ground. Gentlemen, one
man is no more than another before the
tribunals Of the country, and if these
parties have done wrong, they must an
swer therefor to the offended law.
Judge Mesick says the Panaca is good
rely on equity at all. The position is
not warranted by law or reason. Every
suitor in court of justice may put in all
his grounds Of complaint, and if he fails
to get redress on one, he may seekit on an
other. Vow, if you go into a claim Of
mine with my consent, and set up an
adverse claim, may have good title,
and Recover thereon; but il you, gentle
men of the jury, Can not find for
me on the sutficiency of my title, why
then you can decide whether the contest
ant WAS acting in the capacity of ing con-
fidential agent The Panaca title Is per-
fectly good, and no mining title ever
passed through Court and better with
stood scrutiny; but il it were bad, Perley
and Lighiner are in no position to dis
.pute it. II you find that they were act
ing as our confidential agents when the
Hermes Company became possessed,
through them, of our property, and that
all engaged i'll the organization of that
company knew the fact, then that ends
the case.
Our authorities have been read TO you
in full, and Judge Lake said they were
all good and indisputable law. But, he
said, he doubted their application when
the question involved WAS one of bound
aries. The law itself makes no such ex-
ception. it is emphatic. on the other
hand, that it is sufficient if the
employer merely claim, by the faintest
shadow of right, the property in dis
pute. Perley and Lightner, by a positive
and unbending rule of law, are in no po-
sition to contest our title, good or bad.
And the rule applies the same to title
purchased of the government as from an
individual. 1t is a principle OF law recog-
nized and applied as far as civilization
extends; it is sanctioned alike by morality
and policy; it is a universal principle, and
it is engraven by the hand of God on the
heart OF every created man. Why? You
employ an attorney, and before he can be
of service to you, you must tell him all
your secrets-he must be allowed to
search through all your titles-he be-
comes the confident i'll whose keeping you
place all your material interests. Now,
If he could be allowed to betray these
sacred and responsible trusts, what would
be the effect on society? Why, common
sense gives you the necessity of the
rule. The bulk of the property inter-
ests OF the world must, and MS society
is organized it is wisely provided that
they should, pass through the hands Of
this branch OF the professions. If they
could use the private knowledge thus
sacredly entrusted to them tor personal
ACKNOWLEDGMENT, and to injure or ruin
the very ones who confde in them,
social restraints would exist but in name,
and there would be no security
for property or character Light
ner was using the Raymond. and
Ely Company's money; he was Develop
ing and supervising their property; and
Perley was paid, and well paid, for his
best advice as an attorney, and all his
clients title deeds, all knowledge relat-
ing to them, were placed in his keeping.
How could they, while holding these po-
sitions, take advantage of the weakness
they aliege in their contiding employer S
titles, without making themselves amen
able, to the fullest extent, to that univer-
sal rule of law?
| 1t is not even necessary to show that
they knew the Company employing
them claimed the ground in dispute;
but that they did know it has been pos.
itively proven. In 1870 Perley Il Ash
ley came here rs the attorneys for John
Ely. Then Perley went down to
Meadow Valley and closely examined the
records Of the district; he came back,
went on TO the ground, and fully in
formed himself in regard to its bounda-
ries. He knew John Ely, his client at
that time, owned that part of the Panaca
ledge Of which they now seek to de-
fraud us. Then Colonel Raymond pur-
chases the property, and Perley settles
in Phoebe to practice law. Lightner
hires him rs the Raymond Il Ely attor.
ney, knowing him to be well informed in
regard to its titles, and then they thor.
oughly and often discuss the Panaca 10.
cation. Colonel Lightner says he had
posted himself fully in regard to it, and
that he told Perley all he knew about it.
Perley had also talked with Colonel Ray.
mond, Vandemark and Box in regard to
it. Perley said that he had gone to the
Panaca shaft. and that he knew it had
been sunk and drifts run by Colonel
Raymond. How could they have failed
to know that the Raymond & Ely Com.
pany claimed the ground? Before and
at the time of the Hermes location they
knew that the Raymond Il Ely
Company claimed the ground. Colonel
Raymond says he told Colonel Lghtner
to 60 to the Panaca shaft and sink, say
ing II think you will find a good ledge
there" Perley knew this. Before COM
mencing to sink the Lightner shaft,
Lightner writes to Colonel Raymond at
San Francisco that "ths old Panaca il
the main productive ledge of the district
and he continues to write in this way,
scarcely ever failing to say, II am sink.
ing on the old Panaca shaft. Now,
gentlemen Of the jury, can you have the
slightest doubt that these men knew tina,
the ground in dispute was claimed by
the Raymond Il Ely Company 1t is Q
complete, perfect and indisputable case
Then here is the law; how will you gel
around it2
1t makes no difference whether the
groupings are part of the Panaca
ledge or not; these agents Of the Ray
mond & Ely Company thought they had
struck the Panaca ledge in the Lightnei
shaft, and so reported. Time after time
Lightner writes to the officers of the
Company, you own 500 feet on each
side Of the Panaca shaft" proving that
he knew the Company claimed the
ground on which he was sinking, and
he availed himself Of every oppor-