Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-08-19

We publish the following letter from
Hon. ". H. Beatty, Judge of the Sixth
District, TO Geo. T. German, Secretary
OF the Phoebe Engine and Hose Com
pany, in regard to the exemption II fire.
men from jury duty:
EUREKA, New, August Z. 1873.
GEORGE T. GoRMAs, ESQ: Dear sir
&c, Your favor OF the 5thinst. is just at hand
The question you ask is one which 1
have never been called upon to decide.
aud | confess don't know how I should
decide it. That part Of the jury bill
relating to the exemption of fremen is
the result OF some legislative tinkerinp
that MIR. Phelan, of Virginia, might be
able to explain; cannot Ny idea is
that it ought to be left to the companies
themselves to decide which half of their
members should be exempt that is.
they might divide the members of the
companies into two equal classes-one to
be liable to serve, the other to be EXEMPT
then when a fireman is drawn, if he is
an officer or member Of the exempt class,
by showing that fact to the satisfaction of
the Judge, he would be excused. have
not been able to think of a more feasible
plan. Yours respectfully
. W. II. BEATTY.
Judge Beatty is recognized throughout
the State as profound lawyer and emf
nent jurist, and surely his opinion is en-.
titled to consideration ON the question.
AUSTIN RYAN vs.. THE PIocHE PHENIy
MINING COMPANY. - The facts in this
case are that suit was brought on Star.
day last to recover the sum Of $500 for
services rendered. 1t came ont npon the
testimony Of plaintiff that the services
rendered consisted in euiriing the
Phoebe Phenix mine with henry rifle
and keeping off intruders. Plaintiff
claimed $40 per diem for 10 days, pre-
scented the bill, and payment being re-
fused, suit was instituted before Il. A.
Stoutenburgh, Justice of the Peace for
Phoebe Township. By consent of par
ties the case was tried before the Court
without jury. Geo. S. Sawyer ap-
peared for the plaintiff and W. w. Bsh-
op for the defendant. Plaintiff relied
upon the validity of the contract and its
binding effect in law, and quoted from
Chitty on Contracts and from other au-
thorities to sustain the plaintiffs claim.
1t was proven that other persons had
been paid by the defendant, at the
rate charged, for similar services. The
defendant claimed that the contract, if
ever made, was for the performance OF
acts unlawful in themselves and contrary
to public policy. The case was argued
deliberately, and at its close Justice Stout
enburgh decided that the contract was
contrary to public policy, and conse-
quently illegal. Judg was rendered
in favor of the defendant. We under
stand that an appeal will BE- taken to the
District Court.
AN INVADER REPULsED.-At about )
O'Clock yesterday evening an individual
entered fruit store on Main street. and
used very abusive language to the mai
behind the counter; whereupon the ven
der OF fruits delt him blow in the face,
causing the blood to flow quite freely.
The combatants were separated before
further damage was done. He of the
bleeding face was taken away in spite of
his circumstances, and doubtless had
somewhat less faith than before, in the
freedoms of our institutions
OPENING. No old Nevadan will need
to do more than read the advertisement
in to-day's issue OF the opening of the
Athenaum saloon, by Frank Cleveland
and John Pattie, to cause him to hasten
thither and get away with one of the de-
llcious beverages they know 50 we'll how
to concoct. Both gentlemen are too well
and favorably known in Phoebe and
throughout the State to need any further
commentator from MS Gro and see
them.
Flowers. - yesterday morning we
were aGreeably surprised by tn sight OF
some pretty little beds of flowers around
the residence OF Mr.. Dolman, of the firm
of Boone 4 Dolman. Mr.. Dolman has
also planted a number of grape-vines,
and some mock oranges, which, growing
up over the windows, give delightful
shade. Out of thirty grape-shoots plant
ed fifteen have lived. Thanks to the
owner for pretty bouquet.
The MENDHA MILL AND MINE.-On
Saturday afternoon the Mendha Mill and
mining property at Highland, in this
county, was seized by Sheriff Travis un
der writ of attachment. This throws a
good many men out of employment, be-
tween forty and fifty miners having been
knocked out Of job, We shall to.mor-
row be able to give further information
on this subject.
SUCCESSFUL OrEEArIoN. Yesterday
morning Drs. Philson and Bergstein
tapped man by the name Of VIM. Will
liams, an inmate of the County Hospital.
He has been suffering from Bright's dis
ease of the kidneys. The operation was
successfully performed, and the patient
is doing MS well as circumstances will
permit. He is native Of Wales, and
about 40 years old.
MORTIMER SULLIVAN, young man
probably not yet 90 years of age, died
after brief illness at o'clock yester-
day morning, in the upper part OF town.
He was native OF Cork, Ireland, and
very steady. sending home to his rela-
tives all that he could spare from his
monthly wages. His funeral will take
place from the Catholic Church at ,
o'clock this afternoon.
Yesterday morning an IRON
gray horse ran down Main street at full
speed. with saddle dragging beneath
him on the ground. He ran into corral
at the lower end Of town, breaking
through number of bars used as gate.
He was then stopped and returned to his