Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-03-30

Iedge run south, bearing West; don Know tna-
our party interfered with those stakes. Wit
ness protests that it will be impossible for him
to write an exact copy of the first notice written
by Sherwood on March II. 1864: but the attor-
ney gives him paper and insists he must try.
Returns the paper with writing, saying Il don't
recollect anything about it," take it il you want
it, think portion of the first notice, written
by Sherwood, was something like that; the
memorandum plat was made on the ground;
don't know who signed the notice; Sherwood
signed anumber Of names under Hamlin's d.
rection; think Sherwood wrote three notices;
don't recollect that Hamin and Sill had put up
notices; they had stakes set down; can't state
the purport of the notices; / can't word them;
think there were seven or eight names on the
notice on which were the names of myself and
sons; the notices were shaped different in record
ing. but not changed in substance; each claim
was made separate record. WITNESS requested
to state what he remembered of wording of the
notices put up on March II, and proceeded 1--WE.
the undersigned, claim 200 feet EACH" etc.
Don't know what the notice contained on the
north end of the Hamlin ground; don't recollect
whether the laws brought by Sherwood were
written or printed: alterations were made at the
meeting; Sherwood kept the minutes; located
the Warm Springs ranch before started back to
Salt Lake; Mr.. Sherwood sSrote the location no.
tice, think; Shirts didn't get in on the Panaca
ledge because he had found mine of his own;
If any injustice was done Shirts didn't know
anything about it; Shut was appointed Deputy
Recorder when We got back to Salt Lake; know
the laws were correctly copied, because we stood
by and heard the originals and records read and
compared rode up here from Hot Springs on
mule with blanket and blind bride.
Direct resumed-There was a pat on one Of
the notices Sherwood wrote; the notice on the
southwest end of the Pulsifer claim gave me 200
feet in a southwesterly direction; it was called
claim No. 2; the claims were numbered each
way from the discovery claim; I came down here
the second time on business for myself and Liv-
ingston; lawyer Perley told me he was attorney
for Ely, and requested us to show them over the
ground; came to the mine with him and pointed
out the landmarks; from his conversation l
thought Mr. Perley thought that the records
We're regular and good; told Vandemark all
about having sold to Raymond: we would have
askEd him more than 5000 if we had thought the
s:1e was good ! sold to Vandemark under The
consolidation contract, telling him that didn't
know whether it was worth five cents.
Here Judges Mesick and Lake, of the
defense, objected to questions touching
the nature of the consolidation contract,
on the ground that the contract itself
must be the proof and no foundation
has been laid for secondary proof. Col.
Thornton and Judge CARRIER held that
the questions were competent, as Mr..
Perley, on the discrimination, had
himself drawn the contract in question.
Objections overruled and ruling excepted
to. -..
Under that contract we agreed to consolidate
interests the better to develop the property, each
to have an undivided interest in all the
claims consolidated myself, Sherwood Vande
mark, Shut, T. NJ. Box and VIM. Hamlin were
in the consolidation contract; it represented over
| 1900 feet; it embraced Hamlin's north claim
| and all the ground sou Invest of that it com
menced 200 feet north of the northeast corner OF
| Hamlin's discovery claim, and took in 200 fee
| northeast OF that: the consolidation contract IL
! correctly copied in Book a." Meadow Vale!
| District records. . =.
Cross-examination (AIr Perley questioning)-
| l understood you TO say you were attending t.
| Ely's business; you were interested in some way
| you were days examining the records
Thos. NJ. Box called for plaintiffs-Am u sol
| OF the preceding witness; we first came dow
| here from Salt Lake to find some mines fount
| a piece Of ore down this way in the spring o
| 1860: it was very rich; thought there were ricl
mines down here; when we got to the Sant
| Clara river l went to st. George on business
| the party agreed to locate me il they fount
| mines; left the party; Sherwood, my father
| Vandemark and Shirts came on to the Panac
location; l met them going back to Salt Lake
they had notices; my name was on one OF tn
| notices; went on to Salt Lake with them whel
we got to Salt Lake they copied something in
book; man named Shut did they writing; Shel
wood explained to me that thoy We're recordin
the laws and locations of the Meadow Vale
District; we organized an expedition and cam
back; got here sometime in june when &C
to the Panaca location saw u vein of ore; 90 {
80 feet from the present Panaca shaft was
stake, with uotice; saw my name was not on i
went up the hill southwesterly and saw anotht
notice with my name on it; went back to til
discovery claim and went northeast abor
800 feet and found another stake and notice
think it was $50 feet from discovery shaft to NJ
tice with my name; we went to work strip
ping and digging out ore where the presel
PanGca shaft is; the shaft was sunk Is or 9
feet deep; we cut a trench 40 or so feet long;
is now under the Kentuck dump; commence
the cut 40 feet southwest Of the present Panac
shaft; we worked on the Panaca ledge unit
about August list, think think we had don
81 900 worth of work; left on account of Ind
ans; Indians stole our stock and shot arrow
upon the hill; understood the Indians, an
they said they meant war. ..
| Cross examined.--Ic can write little; Learned
after l was twenty-one years OF age; l earn
down here on horseback; the principal part
arrived before got here; went to point nea
the north line of the discovery claim and foun
| stake there with notice on it; took the motto
out and looked at it; it was longer one way tina
another; 1t had diagram on 1t with names
| there was ruling on one end OF the paper, beside
names; couldn't read the writing then: kne
my own name when l saw it in writing; til
| paper seemed to be signed by names; l learne
the directions by the position of the north stai
II is my compass at night; my name was tn
second on the notice; my brothers was No.
can't tell how many names were on that notice
| portion of the cut we made in 1864 on tn
southwest of the Panaca shaft is still there W
estimated the value of the work done ut sl,OC
by counting days labor at 81 or IS per day;
learned something of the Indian language
and around st. George; was there in 1860;
understood by what the Piutes said when "
were at Panaca in 1864 that they meant wal
Witness gave long account of an attempt {
the Indians to assassinate him, and his hal
breadth escaped 80.
Adjourned until 10 O'Clock Monda