Pioche daily record. [volume] (Pioche, Nev.) 1872-1876, 1873-04-15
The Great Mining Suit.
Yesterdays pRocrEDlses.

| remember the names Of the locators of |
the Hernes; / made the original draft !
Of the notice and had it copied BIZ Nc |
Garegle, who was clerk i'll my Office;
there were tgo notice written originally; |
that is, one 10 be recorded, and the |
other pat on the Htrmes monument by
Clark; this is one of the original dupl;- |
cate notices; the reasons for the using OF
those names were these | had tod
Lishtner that / wished to take an .xt,n
sion of The ledge struck in the Lightner
shaft outside Of the Raymond a. Ely
ground, and asked him TO point out The
western boundary of the company's
ground; he asked me to put in Mccain
non, as being friendly to the Raymond
* Ely Company, and also to put in Tar
dos and Eastian; within n day or SO /
went on the ground and found Lightner
already thIe; | inquired of Colonel
Lightner if lie had measured off
the company's ground; before writing
| the notice / had seen McCannon and
asked him ii lie wanted to BE- put in the
location; he said no, he didn't wish to
| go in personally, Int lie had friend, j.
b. Martin, whom he (McCannon) would
| like TO be Il locator; that is the way j. B.
Martin came to be put in; the others
, We're Lightner's friends; Rives was absent
when the location was made. hut l had
| a general authority from him relative to
| such matters; on Mr.. Rives return in
| formed him of the location and stated
that he could keep it and pay the assess
ments, or deed it TO me and / would do
so; the location was not regarded then as
of great value, because there was but lit
tie chance of striking the ledge until q
great depth had been attained; Mr.. Cas-
sell thought that il would be nece ssary
to sink 600 or 700 feet; Clark gave me
the slme opinion; seeing this, Mr.. Rives
said he would make the conveyance to
me as suggested: short time after post
ing the notices l employed two men,
Brannan and Rourke, who sunk shaft
20 feet deep; paid thu III Sc orS7 per foot;
after that Rich,rd Mellon suns the shaft
80 feet lower and received $3.50 for doing
it: at that time Clark was not superin-
tendent OF the nermes; he attended 20 it
Tor me as personal favor; McCannon,
Lightner and my self paid for the work
we gave note to b. I. Sides for the
work was begun on the shaft within ten
days after the location was made
the work commenced Immediately
]
, year or year and q half; the work was
, done in the shaft now known as the
Hermes; within was first used there
there are now large hosting works; Ne
Cannon was the first Superintendent fol
, the first two months, and then Clark
think that before the commencement o.
this suit the shaft was 600 feet deep
don't know the expense Of sinking from
4 in
! terruption to the work; it went on with
, cut cessation; at the time of the convey
i ance to Hearst think the shaft was ion
! feet deep; don't think there was an.
/ whim there at the time of thu
2 conveyance to Hearst; it was gen
:, erllv known that we were sinking OF
Z the Hermes location; it was so under
stood by Col. Raymond him self; he kne,
it in 1871; in September, 1871, Col. Ray
g mond was at my Office in this place, whel
z | stated to him about the Hermes loca
h ton, as had heard that he had procure
the Box titles to the Panaca; Col. Ray
e mond told me that Henry Raymond ha
J procured those titles at cost OF abou
9 $4,000; l wanted no trouble, we had lo
9 Gated in good faith, and | proposed t
I repay the $4,000 and give him full shar
: in the location; to the best of my reco
lection he made no objection to the loci
a ton or the work; | am almost positive thu
a he made no objection; at that time W
:, were at work ON the ground; never hear
ii that the Raymond a Ely Compan
st claimsd the ground or thought about
d until after tho commencement of tn
a McDeimott suit; not until the fall c
d 1872; | found it out then; | found 1t OF
&c then in the fall of 1872, at San Francisco
e from Haggin; heard from him that he wa
negotiating settlement with the Ia,
mond & Ely, as he anticipated troubl
with that company; | said that was IL
N first time had heard of trouble with IL
4. Raymond & Ely; would not have mao
e. the location if | had known that IL
a ground was claimed by the Raymond
es Ely Company; Moulder, the Secretary
the company, knew about the Herm'
location and work; | had conversatlo
- with Alpheus Bull, the President OF Il
H. company, in the summer OF 1877;
DO knew that the Hermes had located tn
s. gronund; can't state exactly when Clal
re first became superintendent of the He
mes; it was in the fall or winter of 1877
he continued to be the superintende
~ up to the time of the commenc
de ment of this suit; while he W
f. superintendent he was also undergroul
foreman of the Raymond & Ely; he
Ie- the same man that was with Llghtner
=, the time of pointing out the weste
~ boundary Of the Raymond Il Ely; W
ch attorney fer the Raymond Il Ely Coz
pany until December, 1872; am one
Colonel Raymond's attorneys this We
ID date; l was attorney for the eompal
is from August, 1871, to December, 1877
4, the company approved of my condu'
as far rs know, and even in Decsnb
'n,' last they actually refused to dischar
IN me: in the fall Of 1871 the compal
'ni gave me an { xtra allowance over my 81
oe ary; think this was after the location
OF the Hermes was made, and after some
ny the officers Of the company knew
or- they gave me So, 900 after knowing OF
ah location of the Hermes; they continu
we Lightner in their employ until Novemt
Nv. or December, 1872: / never heard IL
'ne the Raymond a. Ely Company had pl
10 tested against the location or work
,h- the Hermes; | know that Lightner's S
ua- airy was increased, and he said IL
are Colonel Raymond gave him a g
aa' watch; l think Lightner first inform
me that Henry Raymond had acquiese
81" in the Box title; l did not know 1t I'LL
rly after the location OF the Hermes broul
, is the deeds of the corporation plain
IRIS were not in my charge; ] believe |
ted of them was left at my office; do
hly know who left it; did not know VIII
life the Box claim was; only knew tha
'er- was on Panaca Flat, or somewhere
that neighborhood; never saw or rt
the old deeds of Hamlin and others III
the commencement of this trial; no
and casion arose where those deeds were
ck, quired, though If litigation had G
Iere tinued, as was threatened, they mi
Jus. have been called for; I heard the {
OF dence given on behalf of plaintiffs in
}. gard to the Meadow Valley Extens
orr suit; the complaint in that suit '
oui dra,rn by Mr. Foster hefora I hecO